.
18-1
, Solutions to Questions—Chapter 1 GO GO GO
An Introduction to Real estate Investment: Legal Concepts
GO GO GO GO GO GO GO
Question 1-1 GO
What is the difference between real property and personal property?
GO GO GO GO GO GO GO GO GO
Real property refers to the ownership rights associated with realty. Realty refers to land an
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d all things permanently attached. Personal property refers to ownership rights associated
GO GO GO GO GO GO GO GO GO GO GO GO
with personalty. Personalty are all things, tangible, intangible that are movable. This inclu
GO GO GO GO GO GO GO GO GO GO GO GO
des all things that are not realty.
GO GO GO GO GO GO
Question 1-2 GO
What is meant by an estate?
GO GO GO GO GO
Estate is used to denote a possessory or potentially possessory interest in real estate. Ho
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wever, not all interests in real property are estates. Ownership can be quite different from
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
possession and a variety of legal factors affect the ownership rights associated with real
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
estate. The economic benefits expected by lenders, investors, and other parties in a real e
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
state transaction are affected by these legal factors.
GO GO GO GO GO GO GO
Question 1-3 GO
How can a leased fee estate have a value that could be transferred to another party?
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
The original fee owner can give up some property rights to a lessee. The value of the le
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ased fee estate will depend on the amount of lease payments expected during the term
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
of the lease plus the value of the property when the lease terminates, and the original o
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wner receives the reversionary interest.
GO GO GO GO
Question 1-4 GO
What are title records? What is an abstract of title?
GO GO GO GO GO GO GO GO GO
Title records (sometimes referred to as deeds and conveyances records and/or real propert
GO GO GO GO GO GO GO GO GO GO GO GO
y records) are created and maintained usually at the county level. These records identify
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
all properties in a county, including location, present ownership and any liens or encumb
GO GO GO GO GO GO GO GO GO GO GO GO GO
rances affecting each property. These records are critical to investors who want to identify
GO GO GO GO GO GO GO GO GO GO GO GO GO
the owner of specific tracts or land, existing buildings, etc. These records are also impor
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
tant because they contain evidence of encumbrances such as mortgage liens, tax liens (to
GO GO GO GO GO GO GO GO GO GO GO GO GO G
be covered in later chapters), etc. Example: a prospective investor sees a vacant tract of
O GO GO GO GO GO GO GO GO GO GO GO GO GO GO G
land that he is interested in purchasing. Because there is no signage or any improvement
O GO GO GO GO GO GO GO GO GO GO GO GO GO GO
s on the land, how can the land owner be identified and contacted? By going to the cou
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
nty records office (deeds and conveyancers department) the investor can use the address
GO GO GO GO GO GO GO GO GO GO GO GO GO
to locate a property (usually in plat books), then the current owner. These records are us
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ed to link a precise property to its owner. At some point, if this investor continues to be
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
interested in purchasing the land, he will likely retain an attorney or abstractor to do a tit
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
le search and abstract of title. The latter is done to not only
GO GO GO GO GO GO GO GO GO GO GO GO
.
18-2
, identify the current owner but to trace all previous owners with commentary on the likelih
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ood of other parties who may ownership rights and /or interests in the tract of land.
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
Question 1-5 GO
What is a deed? How is it different from the title?
GO GO GO GO GO GO GO GO GO GO
The deed is a document usually created by the owner of a property containing the property legal
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
I.D. and location in addition to any improvements that exist on the property. It also descr
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ibes the extent to which the seller warrants that he is the owner of the property and ha
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
s the right to convey ownership. A deed is used to convey the title from one person (t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
he grantor) to another (the regrantee) by means of a written instrument. The term ―title
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
‖ is an abstract term frequently used to link an individual or entity who owns property t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
o the property itself. When a person has
GO GO GO GO GO GO GO
―title,‖ he is said to have all the elements, including the documents, records, and acts, that
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
prove ownership. Title establishes the quantity of rights in real estate being conveyed fro
GO GO GO GO GO GO GO GO GO GO GO GO GO
m seller to It differs from title because title provides evidence of ownership based on th
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
e collective records that exist pertaining to a property.
GO GO GO GO GO GO GO GO
Question 1-6 GO
What is meant by a title record? Why are these records so important?
GO GO GO GO GO GO GO GO GO GO GO GO
The title record refers to records on file, usually at the county level, that help to specify t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
racts of real estate and determine if a seller has the right to convey ownership of such r
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
eal property.
GO
These records are the most important sources of events affecting real estate ownership ov
GO GO GO GO GO GO GO GO GO GO GO GO GO
er time and are usually reviewed when trying to identify the ―quality‖ of title that invest
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ors will receive if they purchase. After a review of these records (usually by an attorney
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
), if in his opinion, they are complete, he will indicate that the seller has ownership an
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d title to the property. Most of the instruments that affect title to real estate are recorde
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d, in accordance with the recording acts of the various states, at what is typically called
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
the county recorder’s office.
GO GO GO GO
Question 1-7 GO
What is a future estate? Give an example?
GO GO GO GO GO GO GO
We think of most real estate transactions as acquiring ownership at the present time. Ho
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wever, ownership can also occur at a later time, say after the current owner dies. The p
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
erson who becomes the owner at that time is said to be a ―remainder‖ estate. Future es
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
tates include a reversion and remainder. A reversion results in the state reverting back to t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
he original possessor whereas the remainder results in a third-
GO GO GO GO GO GO GO GO GO
party obtaining possession at some point in the future.
GO GO GO GO GO GO GO GO
Question 1-8 GO
Name the three general methods of title assurance and briefly describe each. Which would
GO GO GO GO GO GO GO GO GO GO GO GO GO
you recommend to a friend purchasing real estate? Why?
GO GO GO GO GO GO GO GO GO
General Warranty Deed - GO GO GO
the grantor warrants that the title he/she conveys to the property is free and clear of all
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
encumbrances, other than those that are specifically listed in the deed.
GO GO GO GO GO GO GO GO GO GO
Special Warranty Deed - GO GO GO
makes the same warranties as a general warranty deed except that it limits their applicat
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
.
18-3
, ion to defects and encumbrances which occurred only while the grantor held title to the pr
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
operty.
Quitclaim Deed - GO GO
offers the grantee the least protection in that it imply conveys to the grantee whatever r
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ights,, interests,, and title that the grantor may have in the property. No warranties are ma
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
de about the nature of these rights and interests or of the quality of the grantor’s title to
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
the property.
GO GO
.
18-4
18-1
, Solutions to Questions—Chapter 1 GO GO GO
An Introduction to Real estate Investment: Legal Concepts
GO GO GO GO GO GO GO
Question 1-1 GO
What is the difference between real property and personal property?
GO GO GO GO GO GO GO GO GO
Real property refers to the ownership rights associated with realty. Realty refers to land an
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d all things permanently attached. Personal property refers to ownership rights associated
GO GO GO GO GO GO GO GO GO GO GO GO
with personalty. Personalty are all things, tangible, intangible that are movable. This inclu
GO GO GO GO GO GO GO GO GO GO GO GO
des all things that are not realty.
GO GO GO GO GO GO
Question 1-2 GO
What is meant by an estate?
GO GO GO GO GO
Estate is used to denote a possessory or potentially possessory interest in real estate. Ho
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wever, not all interests in real property are estates. Ownership can be quite different from
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
possession and a variety of legal factors affect the ownership rights associated with real
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
estate. The economic benefits expected by lenders, investors, and other parties in a real e
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
state transaction are affected by these legal factors.
GO GO GO GO GO GO GO
Question 1-3 GO
How can a leased fee estate have a value that could be transferred to another party?
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
The original fee owner can give up some property rights to a lessee. The value of the le
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ased fee estate will depend on the amount of lease payments expected during the term
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
of the lease plus the value of the property when the lease terminates, and the original o
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wner receives the reversionary interest.
GO GO GO GO
Question 1-4 GO
What are title records? What is an abstract of title?
GO GO GO GO GO GO GO GO GO
Title records (sometimes referred to as deeds and conveyances records and/or real propert
GO GO GO GO GO GO GO GO GO GO GO GO
y records) are created and maintained usually at the county level. These records identify
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
all properties in a county, including location, present ownership and any liens or encumb
GO GO GO GO GO GO GO GO GO GO GO GO GO
rances affecting each property. These records are critical to investors who want to identify
GO GO GO GO GO GO GO GO GO GO GO GO GO
the owner of specific tracts or land, existing buildings, etc. These records are also impor
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
tant because they contain evidence of encumbrances such as mortgage liens, tax liens (to
GO GO GO GO GO GO GO GO GO GO GO GO GO G
be covered in later chapters), etc. Example: a prospective investor sees a vacant tract of
O GO GO GO GO GO GO GO GO GO GO GO GO GO GO G
land that he is interested in purchasing. Because there is no signage or any improvement
O GO GO GO GO GO GO GO GO GO GO GO GO GO GO
s on the land, how can the land owner be identified and contacted? By going to the cou
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
nty records office (deeds and conveyancers department) the investor can use the address
GO GO GO GO GO GO GO GO GO GO GO GO GO
to locate a property (usually in plat books), then the current owner. These records are us
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ed to link a precise property to its owner. At some point, if this investor continues to be
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
interested in purchasing the land, he will likely retain an attorney or abstractor to do a tit
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
le search and abstract of title. The latter is done to not only
GO GO GO GO GO GO GO GO GO GO GO GO
.
18-2
, identify the current owner but to trace all previous owners with commentary on the likelih
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ood of other parties who may ownership rights and /or interests in the tract of land.
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
Question 1-5 GO
What is a deed? How is it different from the title?
GO GO GO GO GO GO GO GO GO GO
The deed is a document usually created by the owner of a property containing the property legal
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
I.D. and location in addition to any improvements that exist on the property. It also descr
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ibes the extent to which the seller warrants that he is the owner of the property and ha
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
s the right to convey ownership. A deed is used to convey the title from one person (t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
he grantor) to another (the regrantee) by means of a written instrument. The term ―title
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
‖ is an abstract term frequently used to link an individual or entity who owns property t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
o the property itself. When a person has
GO GO GO GO GO GO GO
―title,‖ he is said to have all the elements, including the documents, records, and acts, that
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
prove ownership. Title establishes the quantity of rights in real estate being conveyed fro
GO GO GO GO GO GO GO GO GO GO GO GO GO
m seller to It differs from title because title provides evidence of ownership based on th
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
e collective records that exist pertaining to a property.
GO GO GO GO GO GO GO GO
Question 1-6 GO
What is meant by a title record? Why are these records so important?
GO GO GO GO GO GO GO GO GO GO GO GO
The title record refers to records on file, usually at the county level, that help to specify t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
racts of real estate and determine if a seller has the right to convey ownership of such r
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
eal property.
GO
These records are the most important sources of events affecting real estate ownership ov
GO GO GO GO GO GO GO GO GO GO GO GO GO
er time and are usually reviewed when trying to identify the ―quality‖ of title that invest
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ors will receive if they purchase. After a review of these records (usually by an attorney
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
), if in his opinion, they are complete, he will indicate that the seller has ownership an
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d title to the property. Most of the instruments that affect title to real estate are recorde
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
d, in accordance with the recording acts of the various states, at what is typically called
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
the county recorder’s office.
GO GO GO GO
Question 1-7 GO
What is a future estate? Give an example?
GO GO GO GO GO GO GO
We think of most real estate transactions as acquiring ownership at the present time. Ho
GO GO GO GO GO GO GO GO GO GO GO GO GO GO
wever, ownership can also occur at a later time, say after the current owner dies. The p
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
erson who becomes the owner at that time is said to be a ―remainder‖ estate. Future es
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
tates include a reversion and remainder. A reversion results in the state reverting back to t
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
he original possessor whereas the remainder results in a third-
GO GO GO GO GO GO GO GO GO
party obtaining possession at some point in the future.
GO GO GO GO GO GO GO GO
Question 1-8 GO
Name the three general methods of title assurance and briefly describe each. Which would
GO GO GO GO GO GO GO GO GO GO GO GO GO
you recommend to a friend purchasing real estate? Why?
GO GO GO GO GO GO GO GO GO
General Warranty Deed - GO GO GO
the grantor warrants that the title he/she conveys to the property is free and clear of all
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
encumbrances, other than those that are specifically listed in the deed.
GO GO GO GO GO GO GO GO GO GO
Special Warranty Deed - GO GO GO
makes the same warranties as a general warranty deed except that it limits their applicat
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
.
18-3
, ion to defects and encumbrances which occurred only while the grantor held title to the pr
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
operty.
Quitclaim Deed - GO GO
offers the grantee the least protection in that it imply conveys to the grantee whatever r
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
ights,, interests,, and title that the grantor may have in the property. No warranties are ma
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
de about the nature of these rights and interests or of the quality of the grantor’s title to
GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO GO
the property.
GO GO
.
18-4