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real estate principle and concept

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The book gave detailed explanation of real estate concept and principle namely interest in real estate, real estate ownership, form of real estate ownership, land description, transfer of title, title record, representation agreement, real estate contract, real estate financing, property management,

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Uploaded on
March 25, 2025
Number of pages
65
Written in
2024/2025
Type
Lecture notes
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Topic:Real Estate concepts and principles:exam prep
notes
Course:personal finance
School: kaplan high school


UNIT 1:


Deductions = Schedule A Tax Return = Must
Itemize
POITs= (Discount) Points,Origination
fees, Interest, Taxes = Deductible Capital
Gains…Long vs Short-term

Gain of Sale on Principal Residence= Excluded from
Tax
$250,000 Gain Maximum Profit; Then Taxed
Above
$500,000 if Married
Rules: 1. Own and Occupy for at least 2 of the 5
Years; non-sequential

UNIT 2:
Land: Immobility;
Indestructibility; Uniqueness
Appurtenances: Land Plus
Man-made improvements

,Title: 1. Right of Ownership; Evidence of
Ownership by Deed
Escheat: is a legal doctrine that gives the state or
government ownership of property when there is no
recognized owner.
Riparian (River or Stream):
Navigable or Non-Navigable
Littoral (Lake or Pond):
Average High-Water Mark

Doctrine of Prior Appropriation:
Water Rights Do not Automatically
include the right of waterfront access.
Land Owner may need to provide
beneficial use; like crop irrigation.
=Priority
Off-Waterfront Owner may need an easement.
-Accretion: Addition to land through natural
causes
-Reliction: Land uncovered by the receding of
Navigable body of water
-Erosion: Removal of land
-Avulsion (VIOLENT): Sudden loss of Land
(like a tornado)

, -Property Lines typically
stay in place regardless Mineral
Rights are not typically conveyed to
the buyer.

Chattels: Personal Property =
Mobility; Not permanent to the
land Must be included in
purchase contract or Bill of Sale
Convey = Stay Put
Buyer/Seller do Bill of
Sale, not RE Broker
Fixture= Attached; Real
Property = Appurtenance
Intent of Improving
Emblements = Crops = Fructus Industriales
Trade Fixtures: Necessary for business;
remove before lease termination
Accession; when tenant’s property
becomes the landlord’s
*Exception: Farmland producing a crop; Crops
are personal property (emblements) Method of
Adaptability/Intent

, LAWS:
1. Contract Law:

2. General Property Law:

3. Agency Laws (Brokerage Relationship Laws):

4. Real Estate License Laws:



UNIT 3: INTERESTS IN REAL ESTATE
Estate: Interest or Right in Real Property; both tenant
and owner have estate/interest
Freehold (Ownership) Estate
Fee Simple Absolute: Maximum
Ownership; even after death thru
Will/Trust Fee Simple Defeasible: Subject
to a Condition Subsequent; NYC Park
Example Life Estate (Measuring Life of
Original Owner): Transferable Not
Inheritable
*Pur Autre Vie= Someone else’s
life other than tenant Grantor
(Reversionary Interest) -> Deal/Life
Estate -> Grantee (Life Tenant)
If Daughter Dies; Reverts to Grantor
*Remainderman (Third Party);
Holds Real Estate; Son Gets Fee
Simple Form if Daughter Passes Legal
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