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Land, Structures and Real Estate Trading Section 1 – Property Ownership – Study Guide

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This document covers Section 1 of Land, Structures and Real Estate Trading, focusing on the fundamentals of property ownership. It explains key concepts such as types of ownership, legal rights, and property interests in real estate. The material is useful for foundational learning and exam preparation, providing clear insights into ownership structures and related principles.

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Land,
Land, Structures andStructures and
Real Estate Real Estate
Trading SectionTrading
1 Property Ownership
Study this set o nline at: https://www.cram.co m/flashcards/land-structures-and-real-
estate-trading-5983622




-T he ori gi nal doctri ne of tenure
What are the two doctri nes of l aw rel ati ng to l and ownershi p?
-doctri ne of estate




A method of l and hol di ng f or a temporary ti me peri od, but does not i nvol ve
D ef i ne tenure
ownershi p of the l and.




an i nterest i n l and; i .e., the status or extent of ri ghts associ ated wi th tenure
D ef i ne estate




the part of the l aw that i s f ormul ated, devel oped and admi i stered by the common
l aw courts, mostl y underwri tten and f ounded ori gnal l y on common customs. Common
E xpl ai ne Common Law l aw i s based on pri nci pl es more so than speci f i c rul es and has devel oped over the
centuri es usi ng l egal precedents as opposed to statutory provi si ons set out by
parl i amentary decree.




1

, Land,
Land, Structures andStructures and
Real Estate Real Estate
Trading SectionTrading
1 Property Ownership
Study this set o nline at: https://www.cram.co m/flashcards/land-structures-and-real-
estate-trading-5983622




What i s the hi ghest f orm of ownershi p? F ee si mpl e aka f reehol d




D ef i ne ti tl e the means of evi dence by whi ch the owner of l and has l awf ul ownershi p thereof




D ef i ne f ee si mpl e T he hi ghest estate or absol ute ri ght i n real property




-f ee si mpl e
-f ee si mpl e wi th condi ti ons
What are the 5 types of estates currentl y i n use? -f uture estate
-l easehol d estate
-l i f e estate




2

, Land,
Land, Structures andStructures and
Real Estate Real Estate
Trading SectionTrading
1 Property Ownership
Study this set o nline at: https://www.cram.co m/flashcards/land-structures-and-real-
estate-trading-5983622




-estate to uses
What are 2 types of estate the are no l onger i n use or val i d?
-f ee tai l




-F ee si mpl e i s a type of estate
-I t i s the hi ghest estate or absol ute ri ght i n real property.
E xpl ai ne f ee si ml e -A bundl e of ri ghts, to use, sel l , l ease, enter or gi ve away the property, i s known as
ownershi p but i s subj ect to restri cti ons i mposed by l aws and government.
-F ee si mpl e aka: f ee si mpl e ti tl e, estate i n f ee si mpl e, f reehol d ownershi p




-F ee si mpl e wi th condi ti ons i s a type of estate whi ch di f f ers f rom f ee si mpl e
-can be created so that i t i s termi nated wi th condi ti ons.
expl ai ne f ee si mpl e wi th condi ti ons
-E .g. a tract of l and mi ght be dedi cated f or educati onal purposes and woul d
revert back of such use was ever termi nated.




-A type of estate
-i nterest granted to an i ndi vi dual by a grantor wi l l cease on the death of named
i ndi vi dual
E xpl ai ne l i f e estate
-Grantor may speci f y ri ghts and obl i gati ons that af f ect the l i f e tenancy;e.g., use of
the l and, l i mi tati ons on al terati ons/i mprovements, and payment of usual expenses
-T hi s type of estate ari ses under the terms of a wi l l




3

, Land,
Land, Structures andStructures and
Real Estate Real Estate
Trading SectionTrading
1 Property Ownership
Study this set o nline at: https://www.cram.co m/flashcards/land-structures-and-real-
estate-trading-5983622




D ef i ne l i f e estate an ownershi p ri ght to an i ndi vi dual f or a l i f eti me peri od




-a type of estate
-normal l y ari se wi th l i f e estates as l i f e estates coexi st wi th "estate i n remai nder"
-si nce a l i f e estate i s not ever l asti ng, a l arge porti on of the f ee si mpl e remai ns
when the l i f e estate ends. T hi s remai ni ng porti on i s cal l ed a reversi on when the
grantor of the l i f e estate reserves the bal ance f or hi msel f . I f however the grantor
E xpl ai ne f uture estate
gi ves the bal ance to a thi rd party, the remai ni ng porti on i s cal l ed the remai nder.
-T he l i f e tenant and the person enti tl ed to the remai nder both have an i nterest i n
the property f rom the begi nni ng wi th thei r separate ri ghts and obl i gati ons
-thei r combi ned i nterest equal s a f ee si mpl e and i f they are i n agreement they may
revi se any condi ti ons i mposi ng l i mi tati ons




def i ne f uture estates an i nterest i nl and that ari ses at the end of a l i f e estate




def i ne l easehol d estate an i nterest i n l and f or a speci f i ed peri od of ti me




4

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