The notes below are intended only to supplement a complete and diligent review of the related chapter in your course text. Studying these notes alone is not expected to be adequate test preparation.

 

 

ESTATES, OWNERSHIP, AND OTHER INTERESTS

©Copyright 1998 - 2008 Tim Wyman. All rights reserved. Reproduction in whole or in part in any form or medium without express written permission of is prohibited. See Terms & Conditions to use this material.

 

Simply knowing the real estate language is half the battle in preparing oneself for the examination. This exercise will help to commit the terminology to memory. Read the definition on the left and then recite the term being defined. Place your mouse pointer over the maroon colored box to the right of the definition to reveal the correct answer.

 

  • The system under which individuals have ownership rights in land in the United States. 
Allodial System
  • All of the legal ownership rights a person has in real property
Bundle of Rights
  • The governments right to take privately owned property with just compensation to the owner when that property is needed for a worthwhile public use
Eminent Domain
  • The proceeding whereby the government exercises its right to take privately owned property
Condemnation
  • The power of the government to restrict the use of real property when necessary for the health, morals, safety and general welfare of all citizens
Police Power
  • The reversion of property to the state when its owner dies intestate and without heirs
Escheat
  • A lesser interest in real property is absorbed when the holder acquires a greater interest in the same property
Merger
  • Water rights belonging to the owner of property bordering non-navigable water
Riparian Rights
  • Water rights belonging to the owner of property bordering navigable water
Littoral Rights
  • Temporary, revocable permission to use someone else's property for a specific purpose
License
  • An irrevocable, limited right of enjoyment in the property of another; a right of way
Easement
  • An easement that "runs with the land" and involves two parcels of real estate. One created to benefit the land as opposed to the individual owner.
Easement Appurtenant
  • The parcel of land that benefits from an easement in an  easement appurtenant
Dominant Estate
  • The parcel of land that is burdened with an easement
Serviant Estate
  • An easement that benefits a person or a company such as a utility rather than benefiting another parcel of land
Easement in Gross
  • The degree or nature of interest that a person has in real property
Estate
  • A classification of estate that involves possession but not ownership for a fixed period of time
Leasehold
  • The type of estate created by a typical lease. One that has a definite beginning date and a definite ending date
Estate For Years
  • An estate that continues from period to period. A typical month-to-month lease. Requires proper notice to terminate.
Periodic
  • An estate without a fixed term that will continue at the will of the parties
Estate at Will
  • The type of estate that develops when someone comes into possession lawfully and does not leave when their right to occupy ends
Estate at Sufferance
  • A tenant that does not surrender possession at the conclusion of a lease
Holdover Tenant
  • The lowest possible form of estate
Estate at Sufferance
  • The highest or largest possible form of estate
Fee Simple Absolute
  • The right to obtain legal title to a property in the future when title is presently held by another
Equitable Title
  • The interest that a wife may automatically have in the property of her deceased husband
Dower
  • The interest that a husband may automatically have in the property of his deceased wife
Curtesy
  • A classification of estate that involves ownership for an unpredictable duration
Freehold
  • A type of freehold estate that is capable of being defeated if certain conditions are not met
Fee Simple Determinable
  • An estate that will continue for the duration of someone's life
Life Estate
  • A predesignated third party who will receive the property at the conclusion of a life estate
Remainderman
  • The owner of an estate that will continue for the duration of someone's life
Life Tenant
  • For the life of another. A life estate based on the life of someone other than the life tenant
Pur Autre Vie
  • Property rights that revert back to the grantor of those same rights to another
Reversion
  • An abuse of property which one has control of but does not have fee simple ownership. The abuse impairs the rights or value of the property for the one holding a reversionary interest
Waste
  • Sole ownership of property by one person. Ownership severed and apart from all others
Sveralty
  • Co-ownership of property by two or more people with no rights of survivorship
Tenancy In Common
  • Co-ownership of property by two or more people with rights of survivorship
Joint Tenancy
  • Co-ownership of property by two or more people where ownership interest must be in equal shares
Joint Tenancy
  • A type of co-ownership that includes rights of survivorship and can be used only by a husband and wife
Tenancy By The Entirety
  • The type of ownership automatically created when a husband and wife acquire title and do not specify a particular type of ownership in the deed
Tenancy By The Entirety
  • The four unities of a joint tenancy
Time, Title, Interest, Possession
  • A form of ownership that involves separating the property into two categories; that which the individual owns and that which is co-owned with other unit owners
Condominium
  • Where the tenants of a building are stockholders in a corporation that owns the building
Cooperative
  • The document used to convey the right of occupancy of a unit in a cooperative
Proprietary Lease
  • A form of co-ownership used in vacation resorts where each owner is given the right to use the property a specific time each year
Time-Sharing

 

 

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Created and maintained by: Tim Wyman, Licensed New Jersey Real Estate Instructor
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The Professional School of Business
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