CHAPTER 1. Basic Legal Concepts This chapter discusses legal considerations important in creating and defining various rights to real property. This is important in the study of real estate finance since it is these rights that are purchased, sold, and mortgaged. Thus, an understanding of the various rights associated with real estate is necessary to properly evaluate a real estate financial decision. Legal considerations affect the risk of receiving the economic benefit associated with one's property rights. For example, we will discuss the importance of having a marketable title . Any defects in the title may result in a loss of benefits to the owner and jeopardize the collateral value of the real estate for the mortgage lender. To some extent, this risk is controlled and minimized by the use of title assurance methods, including title insurance and the use of general warranty deeds. Knowing the various ways of partitioning property rights may also result in maximizing the value of a particular property, since it allows parties with different needs (e.g., users, equity investors, lenders) to have claims on the property rights that best meet those needs. Thus, the total value of all the rights associated with a property could exceed the total value of the property itself if there are no leases or other ways to separate rights. 重点关注leasehold estate A leasehold estate, on the other hand, expires on a definite date. Aside from this technical distinction, a freehold estate connotes ownership of the property by the estate holder, whereas a leasehold estate implies only the right to possess and use the property owned by another for a period of time. 几个概念Interests, Encumbrances, and Easements An interest in real estate can be thought of as a right or claim on real property, its revenues, or production. 权益 例： Apart from actual ownership , an interest in real estate may consist of a lease , a mortgage, a lien or other encumbrance on the property . 除实际拥有权以外， 不动产可包括租凭， 房产抵押， 抵押品留置权以及其他财产负担等。 For example, an owner of real estate in fee simple may choose to pledge or encumber his property as a condition for obtaining a loan (mortgage loan). 抵押和拖累（设置权益负担） . In this case, the lender receives only a secured interest, but not possession , use , and so on , of the property. 例： Neither Party may pledge, mortgage or otherwise encumber all or part of its Equity Interest without the prior written consent of the other Party. 未经另一方事先书面同意，任何一方不得质押、抵押其全部或部分股权或对其全部或部分股权另行设置权益负担。 An easement is a nonpossessory interest in land. It is the right to use land that is owned or leased by someone else for some special purpose (e.g., as a right of way to and from one’s property). An easement entails only a limited user privilege and not privileges associated with ownership. Assurance of Title 产权保证 Title assurance refers to the means by which buyers of real estate “(1) learn in advance whether their sellers have and can convey the quality of title they claim to possess, and (2) receive compensation if the title, after transfer, turns out not to be as represented.” 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 of the elements, including the documents, records, and acts, that prove ownership.产权通常是指证明所有权的各种文件、记录等。 Flowchart: Ownership of Real Property Ownership- Proof of ownership-Title- Assurance of title- General warranty deed- Qualified warranty deeds- Evidence as to the nature and quality of title being conveyed- Attorney’s opinion- Title insurance Essentially, title exists only for freehold estates . A leasehold estate, on the other hand, is typically created by a contract (called a lease) between a person who holds title (the lessor ) and another person (the lessee), whereby possession of the property is granted by the owner to the other person for a period of time. The existence of leases on a property will, however, affect the nature of the rights that can be conveyed to a new buyer because lease terms are binding on the new owner unless waived by the lessee or, in some jurisdictions, unless title is acquired at a foreclosure sale. Because investors and lenders are concerned about the nature and extent of the rights they are acquiring or financing, leases encumbering the property can have a profound impact on a property’s value. Deeds 契据 Usually title is conveyed from one person (the grantor) to another (the grantee) by means of a written instrument called a deed. General Warranty Deed
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