REAL ESTATE LAW.

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Presentation transcript:

REAL ESTATE LAW

Real Estate Characteristics Physical Indestructible Immobile Unique Economic

Bundle of Rights Control Possession Use Disposition

Real vs Personal Property Land Personal Property Fixture Parties Intention Method Attached Adaptation of Item Agreements

Legal Descriptions Metes and Bounds Rectangular Survey Plat of Survey (Lot & Block) S 33° E 176’ N 68° E 411’ N 22° E 470’ S 22° W 629’ Mill Rd. Dam Sprull Cr.

Government Powers Police Power Eminent Domain Taxation Escheat Read and go on.

Police Power Zoning Nonconforming Use PUD Buffer Zone Downzoning Variance Building Codes Certificate of Occupancy

Eminent Domain Requirements Condemnation Inverse Condemnation Public Good Fair Compensation Owner has Due Process Condemnation Inverse Condemnation

Taxation Ad Valorem Mills Tax Sales Right of Redemption Special Assessments

Escheat Intestate No Heirs

Encumbrances Liens Water Rights Encroachments Deed Restrictions Monetary Voluntary, Involuntary General, Specific Water Rights Encroachments Deed Restrictions

Encumbrances Easements Deed Restrictions Appurtenant In Gross By Prescription Party Walls Deed Restrictions Legal Enforcement

Leasehold Estates Nonfreehold Lease Estate for Years Periodic Estate Estate at Will Estate at Sufferance Lease Leasee Lessor

Types of Leases Gross Net Percentage Ground Sale-Leaseback Lease Purchase

Freehold Estates Inheritable Noninheritable Fee Simple Absolute Fee Simple Subject to Noninheritable Conventional Statutory Curtesy & Dower Homestead

Forms of Ownership Possession Interest Time Title Severalty Tenancy in Common Joint Tenancy (PITT) Possession Interest Time Title

Non Human Ownership Corporation Partnerships (General, Limited) LLCs

Modern Forms of Ownership Cooperatives Personal Property Proprietary Lease Condominium Real Property Units Time Shares

Transfer of Title Voluntary Involuntary Will Gift Sale Descent Eminent Domain Lien Foreclosure Adverse Possession

Types of Deeds General Warranty Special Warranty Quitclaim

Deed Requirements In Writing Grantor, Grantee (Legal Capacity of Both) Granting Clause & Habendum Clause Consideration Legal Description Signature of Grantor Delivery & Acceptance

Evidence of Title Abstract with Attorney’s Opinion Title Insurance Mortgagee’s Policy Mortgagor’s Policy Premiums