.
18-1
, Solutions to Questions—Chapter 1 IP IP IP
An Introduction to Real estate Investment: Legal Concepts
IP IP IP IP IP IP IP
Question 1-1 IP
What is the difference between real property and personal property?
IP IP IP IP IP IP IP IP IP
Real property refers to the ownership rights associated with realty. Realty refers to land and all t
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
hings permanently attached. Personal property refers to ownership rights associated with perso
IP IP IP IP IP IP IP IP IP IP IP
nalty. Personalty are all things, tangible, intangible that are movable. This includes all things th
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
at are not realty.
IP IP IP
Question 1-2 IP
What is meant by an estate? IP IP IP IP IP
Estate is used to denote a possessory or potentially possessory interest in real estate. However,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
not all interests in real property are estates. Ownership can be quite different from possession an
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
d a variety of legal factors affect the ownership rights associated with real estate. The economi
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
c benefits expected by lenders, investors, and other parties in a real estate transaction are affect
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ed by these legal factors.
IP IP IP IP
Question 1-3 IP
How can a leased fee estate have a value that could be transferred to another party?
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
The original fee owner can give up some property rights to a lessee. The value of the leased fee
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
estate will depend on the amount of lease payments expected during the term of the lease plu
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
s the value of the property when the lease terminates, and the original owner receives the reve
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
rsionary interest. IP
Question 1-4 IP
What are title records? What is an abstract of title?
IP IP IP IP IP IP IP IP IP
Title records (sometimes referred to as deeds and conveyances records and/or real property rec
IP IP IP IP IP IP IP IP IP IP IP IP IP
ords) are created and maintained usually at the county level. These records identify all properti
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
es in a county, including location, present ownership and any liens or encumbrances affecting e
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ach property. These records are critical to investors who want to identify the owner of specific tr
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
acts or land, existing buildings, etc. These records are also important because they contain evid
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ence of encumbrances such as mortgage liens, tax liens (to be covered in later chapters), etc. E
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
xample: a prospective investor sees a vacant tract of land that he is interested in purchasing. B
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ecause there is no signage or any improvements on the land, how can the land owner be identif
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ied and contacted? By going to the county records office (deeds and conveyancers department)
IP IP IP IP IP IP IP IP IP IP IP IP IP I
the investor can use the address to locate a property (usually in plat books), then the current o
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
wner. These records are used to link a precise property to its owner. At some point, if this invest
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
or continues to be interested in purchasing the land, he will likely retain an attorney or abstracto
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
r to do a title search and abstract of title. The latter is done to not only
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-2
, identify the current owner but to trace all previous owners with commentary on the likelihood of
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
Pother parties who may ownership rights and /or interests in the tract of land.
IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-5 IP
What is a deed? How is it different from the title?
IP IP IP IP IP IP IP IP IP IP
The deed is a document usually created by the owner of a property containing the property legal
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
I.D. and location in addition to any improvements that exist on the property. It also describes th
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
e extent to which the seller warrants that he is the owner of the property and has the right to c
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
onvey ownership. A deed is used to convey the title from one person (the grantor) to another (
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
the regrantee) by means of a written instrument. The term ―title‖ is an abstract term frequentl
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
y used to link an individual or entity who owns property to the property itself. When a person
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
has
―title,‖ he is said to have all the elements, including the documents, records, and acts, that prove
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ownership. Title establishes the quantity of rights in real estate being conveyed from seller to It
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
differs from title because title provides evidence of ownership based on the collective records t
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP
hat exist pertaining to a property.
IP IP IP IP IP
Question 1-6 IP
What is meant by a title record? Why are these records so important?
IP IP IP IP IP IP IP IP IP IP IP IP
The title record refers to records on file, usually at the county level, that help to specify tracts of
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
real estate and determine if a seller has the right to convey ownership of such real property.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
These records are the most important sources of events affecting real estate ownership over tim
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
e and are usually reviewed when trying to identify the ―quality‖ of title that investors will recei
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ve if they purchase. After a review of these records (usually by an attorney), if in his opinion,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
they are complete, he will indicate that the seller has ownership and title to the property. Most
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
of the instruments that affect title to real estate are recorded, in accordance with the recording
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
acts of the various states, at what is typically called the county recorder’s office.
P IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-7 IP
What is a future estate? Give an example?
IP IP IP IP IP IP IP
We think of most real estate transactions as acquiring ownership at the present time. However,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ownership can also occur at a later time, say after the current owner dies. The person who bec
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
omes the owner at that time is said to be a ―remainder‖ estate. Future estates include a reversi
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
on and remainder. A reversion results in the state reverting back to the original possessor wherea
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
s the remainder results in a third-party obtaining possession at some point in the future.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-8 IP
Name the three general methods of title assurance and briefly describe each. Which would you
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
recommend to a friend purchasing real estate? Why? IP IP IP IP IP IP IP
General Warranty Deed - IP IP IP
the grantor warrants that the title he/she conveys to the property is free and clear of all encumbr
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ances, other than those that are specifically listed in the deed.
IP IP IP IP IP IP IP IP IP IP
Special Warranty Deed - IP IP IP
makes the same warranties as a general warranty deed except that it limits their application to
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
defects and encumbrances which occurred only while the grantor held title to the property.
IP IP IP IP IP IP IP IP IP IP IP IP IP
Quitclaim Deed - IP IP
offers the grantee the least protection in that it imply conveys to the grantee whatever rights,, i
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-3
, nterests,, and title that the grantor may have in the property. No warranties are made about the n
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ature of these rights and interests or of the quality of the grantor’s title to the property.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-4
18-1
, Solutions to Questions—Chapter 1 IP IP IP
An Introduction to Real estate Investment: Legal Concepts
IP IP IP IP IP IP IP
Question 1-1 IP
What is the difference between real property and personal property?
IP IP IP IP IP IP IP IP IP
Real property refers to the ownership rights associated with realty. Realty refers to land and all t
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
hings permanently attached. Personal property refers to ownership rights associated with perso
IP IP IP IP IP IP IP IP IP IP IP
nalty. Personalty are all things, tangible, intangible that are movable. This includes all things th
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
at are not realty.
IP IP IP
Question 1-2 IP
What is meant by an estate? IP IP IP IP IP
Estate is used to denote a possessory or potentially possessory interest in real estate. However,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
not all interests in real property are estates. Ownership can be quite different from possession an
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
d a variety of legal factors affect the ownership rights associated with real estate. The economi
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
c benefits expected by lenders, investors, and other parties in a real estate transaction are affect
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ed by these legal factors.
IP IP IP IP
Question 1-3 IP
How can a leased fee estate have a value that could be transferred to another party?
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
The original fee owner can give up some property rights to a lessee. The value of the leased fee
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
estate will depend on the amount of lease payments expected during the term of the lease plu
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
s the value of the property when the lease terminates, and the original owner receives the reve
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
rsionary interest. IP
Question 1-4 IP
What are title records? What is an abstract of title?
IP IP IP IP IP IP IP IP IP
Title records (sometimes referred to as deeds and conveyances records and/or real property rec
IP IP IP IP IP IP IP IP IP IP IP IP IP
ords) are created and maintained usually at the county level. These records identify all properti
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
es in a county, including location, present ownership and any liens or encumbrances affecting e
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ach property. These records are critical to investors who want to identify the owner of specific tr
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
acts or land, existing buildings, etc. These records are also important because they contain evid
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ence of encumbrances such as mortgage liens, tax liens (to be covered in later chapters), etc. E
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
xample: a prospective investor sees a vacant tract of land that he is interested in purchasing. B
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ecause there is no signage or any improvements on the land, how can the land owner be identif
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ied and contacted? By going to the county records office (deeds and conveyancers department)
IP IP IP IP IP IP IP IP IP IP IP IP IP I
the investor can use the address to locate a property (usually in plat books), then the current o
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
wner. These records are used to link a precise property to its owner. At some point, if this invest
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
or continues to be interested in purchasing the land, he will likely retain an attorney or abstracto
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
r to do a title search and abstract of title. The latter is done to not only
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-2
, identify the current owner but to trace all previous owners with commentary on the likelihood of
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
Pother parties who may ownership rights and /or interests in the tract of land.
IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-5 IP
What is a deed? How is it different from the title?
IP IP IP IP IP IP IP IP IP IP
The deed is a document usually created by the owner of a property containing the property legal
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
I.D. and location in addition to any improvements that exist on the property. It also describes th
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
e extent to which the seller warrants that he is the owner of the property and has the right to c
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
onvey ownership. A deed is used to convey the title from one person (the grantor) to another (
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
the regrantee) by means of a written instrument. The term ―title‖ is an abstract term frequentl
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
y used to link an individual or entity who owns property to the property itself. When a person
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
has
―title,‖ he is said to have all the elements, including the documents, records, and acts, that prove
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ownership. Title establishes the quantity of rights in real estate being conveyed from seller to It
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
differs from title because title provides evidence of ownership based on the collective records t
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP
hat exist pertaining to a property.
IP IP IP IP IP
Question 1-6 IP
What is meant by a title record? Why are these records so important?
IP IP IP IP IP IP IP IP IP IP IP IP
The title record refers to records on file, usually at the county level, that help to specify tracts of
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
real estate and determine if a seller has the right to convey ownership of such real property.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
These records are the most important sources of events affecting real estate ownership over tim
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
e and are usually reviewed when trying to identify the ―quality‖ of title that investors will recei
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ve if they purchase. After a review of these records (usually by an attorney), if in his opinion,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
they are complete, he will indicate that the seller has ownership and title to the property. Most
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
of the instruments that affect title to real estate are recorded, in accordance with the recording
P IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP I
acts of the various states, at what is typically called the county recorder’s office.
P IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-7 IP
What is a future estate? Give an example?
IP IP IP IP IP IP IP
We think of most real estate transactions as acquiring ownership at the present time. However,
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ownership can also occur at a later time, say after the current owner dies. The person who bec
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
omes the owner at that time is said to be a ―remainder‖ estate. Future estates include a reversi
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
on and remainder. A reversion results in the state reverting back to the original possessor wherea
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
s the remainder results in a third-party obtaining possession at some point in the future.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP
Question 1-8 IP
Name the three general methods of title assurance and briefly describe each. Which would you
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
recommend to a friend purchasing real estate? Why? IP IP IP IP IP IP IP
General Warranty Deed - IP IP IP
the grantor warrants that the title he/she conveys to the property is free and clear of all encumbr
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ances, other than those that are specifically listed in the deed.
IP IP IP IP IP IP IP IP IP IP
Special Warranty Deed - IP IP IP
makes the same warranties as a general warranty deed except that it limits their application to
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
defects and encumbrances which occurred only while the grantor held title to the property.
IP IP IP IP IP IP IP IP IP IP IP IP IP
Quitclaim Deed - IP IP
offers the grantee the least protection in that it imply conveys to the grantee whatever rights,, i
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-3
, nterests,, and title that the grantor may have in the property. No warranties are made about the n
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
ature of these rights and interests or of the quality of the grantor’s title to the property.
IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP
.
18-4