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Doctrine of Emblements
- allows a tenant farmer to reenter the land and harvest crops after tenancy ends
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Doctrine of Part Performance
- allows a court to enforce an oral contract
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Doctrine of Constructive Annexation
- is what makes a built-in dishwasher a fixture
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Occupying Claimant Law
- - if the parcel of land buyer believes he had legal title to had been transferred in a previous sale of a larger parcel of land Occupying Claimant Law require either (a) or (b)
- a) owner of the land to compensate buyer for the house he built
- b) buyer to compensate the rightful owner of the land for the value of the unimproved land
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Action to Recover Title
- if a condition in a deed is violated
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Civil Rights Lawsuit
- may occur in the event of discrimination in the sale or rental of housing
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Eviction Lawsuit
- is filed by a landlord to evict a tenant
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Quiet Title Action
- is a lawsuit to determine who has title
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Actual notice
- is what a person sees or is told
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Constructive notice
- is a matter of public record
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Inquiry notice
- is when circumstances should alert a person to a problem that should be investigated
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Certificate of No Defense
- is a document used by a mortgagee to state the outstanding balance due on a mortgage which, if the mortgagor does not object, will stand as the correct amount
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Chattel Mortgage
- mortgage against personal property, not real property
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Contract for Deed
- - another name for a land contract
- - installment agreement in which a buyer gets equitable title until satisfaction
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Bill of Sale
- is a written instrument that transfers ownership of tangible personal property, not real property
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Land Contract
- installment agreement in which a buyer gets equitable title until satisfaction
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Easement by prescription
- - when someone acquires an interest in property by using it
- - openly
- - without the owner's permission
- - for a certain period of time
- - does not acquire title to the property
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Easement by Prescription requires (3)
- - open and notorious use of land
- - hostile and evidence use of land
- - constant, regular use of the land for the stated period of years
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Prescriptive Easement
- acquiring the right to use someone's property by using it without the owner's permission for a specified period of time
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Constructive Annexation
- when something is so closely related to the property it is a fixture even though it is not physically attached
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Leasehold Estate
- does not convey title - just possession
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Deed of Trust
- instrument used in many states in place of a mortgage
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Deed Restrictions
- are private controls on property
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Building Codes
- are government regulations specifying minimum construction and building standards to safeguard health, safety, and welfare of the public
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Setback requirements
- - usually dictated by subdivision
- - regulations and restrictions put on the property by the original developer. It would be up to the neighbors to enforce the requirements
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Setback requirements
- - usually dictated by subdivision
- - regulations and restrictions put on the property by the original developer. It would be up to the neighbors to enforce the requirements
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Buffer Zone
- - parcel of land that separates two differently zoned parcels
- - (e.g., a vacant lot between commercial land and residential land)
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Zoning ordinances
- set forth general uses for property in various areas of the community (e.g., residential, commercial, or industrial)
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Frontage
- distance along a lot's boundary with the road, the first measurement given in a property description
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Set Back
- required distance between improvements and property lines
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Police power
- power of the government to make laws
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Permit System
- used by state and local governments to monitor compliance with and enforce building codes and other regulations
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Doctrine of Laches
- person can lose rights to claims of title for waiting too long to take action to preserve the rights
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Abatement
- refers to a decrease in the assessed value of an Ad Valorem Tax or in the assessment rate used to compute the Ad Valorem Tax
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Rights of way
- generally define land for public streets and future expansion of streets
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Covenant
- promise that runs with property forever in a general warranty deed
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Balance
- condition that exists in the real estate market when there are slightly more homes available than buyers
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Arm's Length Transaction
- transaction that occurred under typical conditions in the marketplace where each of the parties were acting in their own best interests
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Capitalization
- way to convert a property's income figure into an estimated value
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Reconciliation
- appraisal process of analyzing the values derived from the different appraisal approaches to arrive at a final value
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Assemblage
- combining of two or more parcels of land into one larger parcel
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Substitution
- "rule" that says an informed buyer will not pay more for a home than a comparable substitute
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Market Value of anything
- reflection of what a typical buyer would pay
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Amenity
- - anything with value to the buyer as it enhances the desirability of the real estate
- - marble fireplace, desirable location, preferred floor plan, …
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Appreciation
- increase in the value of property, either due to positive improvements in the area or elimination of negative factors
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Economic obsolescence
- form of incurable depreciation
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Economic Life
- period of time in which property returns an income attributable to the structure itself
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Effective age
- age the property appears to be, not its actual age
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Functional obsolescence
- when the property does not function well (e.g., a five-bedroom house with only one bath)
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Reproduction cost
- used on unique, historical buildings (most homes would use the replacement cost)
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Income Cap Technique uses
- annual net income
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Site
- piece of land that has been enhanced and is ready for a structure
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Situs
- area of preference, which can attribute value
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"highest and best use"
- results in the highest net income attributable to the land, rather than the total gross annual income
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