Real Estate Finance & Investments:
By William Brueggeman
2024 Release
,Solution Manual For
Real Estate Finance And Investments International Edition Jeffrey Fisher
William B. Brueggeman
Chapter 1-23
Solutions To Questions—Chapter 1
An Introduction To Real Estate Investment: Legal Concepts
Question 1-1
What is the difference between real property and personal property?
Real property refers to the ownership rights associated with realty. Realty refers to land
and all things permanently attached. Personal property refers to ownership rights
associated with personalty. Personalty are all things, tangible, intangible that are movable.
This includes all things that are not realty.
Question 1-2
What is meant by an estate?
Estate is used to denote a possessory or potentially possessory interest in real estate.
However, not all interests in real property are estates. Ownership can be quite different
from possession and a variety of legal factors affect the ownership rights associated with
real estate. The economic benefits expected by lenders, investors, and other parties in a
real estate transaction are affected by these legal factors.
Question 1-3
How can a leased fee estate have a value that could be transferred to another party?
The original fee owner can give up some property rights to a lessee. The value of the leased
fee estate will depend on the amount of lease payments expected during the term of the
lease plus the value of the property when the lease terminates, and the original owner
receives the reversionary interest.
Question 1-4
What are title records? What is an abstract of title?
Title records (sometimes referred to as deeds and conveyances records and/or real
property records) are created and maintained usually at the county level. These records
identify all properties in a county, including location, present ownership and any liens or
encumbrances affecting each property. These records are critical to investors who want to
identify the owner of specific tracts or land, existing buildings, etc. These records are also
important because they contain evidence of encumbrances such as mortgage liens, tax
liens (to be covered in later chapters), etc. Example: a prospective investor sees a vacant
tract of land that he is interested in purchasing. Because there is no signage or any
improvements on the land, how can the land owner be identified and contacted? By going
to the county records office (deeds and conveyancers department) the investor can use
the address to locate a property (usually in plat books), then the current owner. These
records are used to link a precise property to its owner. At some point, if this investor
continues to be interested in purchasing the land, he will likely retain an attorney or
abstractor to do a title search and abstract of title. The latter is done to not only
, Identify the current owner but to trace all previous owners with commentary on the
likelihood of other parties who may ownership rights and /or interests in the tract of land.
Question 1-5
What is a deed? How is it different from the title?
The deed is a document usually created by the owner of a property containing the property legal
I.d. and location in addition to any improvements that exist on the property. It also
describes the extent to which the seller warrants that he is the owner of the property and
has the right to convey ownership. A deed is used to convey the title from one person (the
grantor) to another (the regrantee) by means of a written instrument. The term ―title‖ is
an abstract term frequently used to link an individual or entity who owns property to the
property itself. When a person has
―title,‖ he is said to have all the elements, including the documents, records, and acts, that
prove ownership. Title establishes the quantity of rights in real estate being conveyed
from seller to it differs from title because title provides evidence of ownership based on
the collective records that exist pertaining to a property.
Question 1-6
What is meant by a title record? Why are these records so important?
The title record refers to records on file, usually at the county level, that help to specify
tracts of real estate and determine if a seller has the right to convey ownership of such real
property.
These records are the most important sources of events affecting real estate ownership
over time and are usually reviewed when trying to identify the ―quality‖ of title that
investors will receive if they purchase. After a review of these records (usually by an
attorney), if in his opinion, they are complete, he will indicate that the seller has
ownership and title to the property. Most of the instruments that affect title to real estate
are recorded, in accordance with the recording acts of the various states, at what is
typically called the county recorder’s office.
Question 1-7
What is a future estate? Give an example?
We think of most real estate transactions as acquiring ownership at the present time.
However, ownership can also occur at a later time, say after the current owner dies. The
person who becomes the owner at that time is said to be a ―remainder‖ estate. Future
estates include a reversion and remainder. A reversion results in the state reverting back
to the original possessor whereas the remainder results in a third-party obtaining
possession at some point in the future.
Question 1-8
Name the three general methods of title assurance and briefly describe each. Which would
you recommend to a friend purchasing real estate? Why?
General warranty deed - the grantor warrants that the title he/she conveys to the property
is free and clear of all encumbrances, other than those that are specifically listed in the
deed.
Special warranty deed - makes the same warranties as a general warranty deed except
, that it limits their application to defects and encumbrances which occurred only while the
grantor held title to the property.
Quitclaim deed - offers the grantee the least protection in that it imply conveys to the
grantee whatever rights,, interests,, and title that the grantor may have in the property. No
warranties are made about the nature of these rights and interests or of the quality of the
grantor’s title to the property.
Would recommend the general warranty deed, because it offers the most comprehensive
warranties about the quality of the title.
Question 1-9
Would it be legal for you to give a quitclaim deed for the statue of liberty to your friend?
Yes, the quitclaim deed simply says that the grantor ―quits‖ whatever claim he has in
the property (which may well be none) in favor of the grantee.