AZK RE - Practice - 1

  1. Doctrine of Emblements
    - allows a tenant farmer to reenter the land and harvest crops after tenancy ends
  2. Doctrine of Part Performance
    - allows a court to enforce an oral contract
  3. Doctrine of Constructive Annexation
    - is what makes a built-in dishwasher a fixture
  4. 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
  5. Action to Recover Title
    - if a condition in a deed is violated
  6. Civil Rights Lawsuit
    - may occur in the event of discrimination in the sale or rental of housing
  7. Eviction Lawsuit
    - is filed by a landlord to evict a tenant
  8. Quiet Title Action
    - is a lawsuit to determine who has title
  9. Actual notice
    - is what a person sees or is told
  10. Constructive notice
    - is a matter of public record
  11. Inquiry notice
    - is when circumstances should alert a person to a problem that should be investigated
  12. 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
  13. Chattel Mortgage
    - mortgage against personal property, not real property
  14. Contract for Deed
    • - another name for a land contract
    • - installment agreement in which a buyer gets equitable title until satisfaction
  15. Bill of Sale
    - is a written instrument that transfers ownership of tangible personal property, not real property
  16. Land Contract
    - installment agreement in which a buyer gets equitable title until satisfaction
  17. 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
  18. 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
  19. Prescriptive Easement
    - acquiring the right to use someone's property by using it without the owner's permission for a specified period of time
  20. Constructive Annexation
    - when something is so closely related to the property it is a fixture even though it is not physically attached
  21. Leasehold Estate
    - does not convey title - just possession
  22. Deed of Trust
    - instrument used in many states in place of a mortgage
  23. Deed Restrictions
    - are private controls on property
  24. Building Codes
    - are government regulations specifying minimum construction and building standards to safeguard health, safety, and welfare of the public
  25. 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
  26. 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
  27. Buffer Zone
    • - parcel of land that separates two differently zoned parcels
    • - (e.g., a vacant lot between commercial land and residential land)
  28. Zoning ordinances
    - set forth general uses for property in various areas of the community (e.g., residential, commercial, or industrial)
  29. Frontage
    - distance along a lot's boundary with the road, the first measurement given in a property description
  30. Set Back
    - required distance between improvements and property lines
  31. Police power
    - power of the government to make laws
  32. Permit System
    - used by state and local governments to monitor compliance with and enforce building codes and other regulations
  33. Doctrine of Laches
    - person can lose rights to claims of title for waiting too long to take action to preserve the rights
  34. 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
  35. Rights of way
    - generally define land for public streets and future expansion of streets
  36. Covenant
    - promise that runs with property forever in a general warranty deed
  37. Balance
    - condition that exists in the real estate market when there are slightly more homes available than buyers
  38. 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
  39. Capitalization
    - way to convert a property's income figure into an estimated value
  40. Reconciliation
    - appraisal process of analyzing the values derived from the different appraisal approaches to arrive at a final value
  41. Assemblage
    - combining of two or more parcels of land into one larger parcel
  42. Substitution
    - "rule" that says an informed buyer will not pay more for a home than a comparable substitute
  43. Market Value of anything
    - reflection of what a typical buyer would pay
  44. Amenity
    • - anything with value to the buyer as it enhances the desirability of the real estate
    • - marble fireplace, desirable location, preferred floor plan, …
  45. Appreciation
    - increase in the value of property, either due to positive improvements in the area or elimination of negative factors
  46. Economic obsolescence
    - form of incurable depreciation
  47. Economic Life
    - period of time in which property returns an income attributable to the structure itself
  48. Effective age
    - age the property appears to be, not its actual age
  49. Functional obsolescence
    - when the property does not function well (e.g., a five-bedroom house with only one bath)
  50. Reproduction cost
    - used on unique, historical buildings (most homes would use the replacement cost)
  51. Income Cap Technique uses
    - annual net income
  52. Site
    - piece of land that has been enhanced and is ready for a structure
  53. Situs
    - area of preference, which can attribute value
  54. "highest and best use"
    - results in the highest net income attributable to the land, rather than the total gross annual income
Author
flashsmilenet
ID
346198
Card Set
AZK RE - Practice - 1
Description
AZK RE - Practice - 1
Updated