THE APPRAISAL OF REAL ESTATE 2 CANADIAN EDITION BUSI 330

Similar documents
THE APPRAISAL OF REAL ESTATE 2 CANADIAN EDITION BUSI 330 CHAPTER 5

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

How to Read a Real Estate Appraisal Report

THE APPRAISAL OF REAL ESTATE 2 CANADIAN EDITION BUSI 330 CHAPTER 9

DISCLAIMER: Copyright: 2014

BUSI 330 Suggested Answers to Review and Discussion Questions: Lesson 1

Sales Associate Course

concepts and techniques

MODULE 7-A: APPRAISALS, BPOS AND USPAP

Table of Contents. Chapter 1: Introduction (Mobile Technology Evolution) 1

California Real Estate License Exam Prep: Unlocking the DRE Salesperson and Broker Exam 4th Edition

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

A Demonstration Appraisal Report. Of a. Located at. Date of Appraisal. Prepared for. Prepared by

BUSI 499 Income Property Guided Case Study

2. The, and Act, also known as FIRREA, requires that states set standards for all appraisers.

BUSI 398 Residential Property Guided Case Study

Industrial and Commercial Real Estate Appraisal Procedures

Guide Note 12 Analyzing Market Trends

To all Appraisers: Brief Overview:

A Demonstration Appraisal Report. Of a. Located at. Date of Appraisal. Prepared for. Prepared by

AG-AMERICA COMMERCIAL FARM AND RANCH COLLATERAL VALUATION GUIDE

Uniform Residential Appraisal Report (URAR) Model Appraisal

Demonstration Appraisal Report Utilizing a Form Report

Guide Note 15 Assumptions and Hypothetical Conditions

Chapter 35. The Appraiser's Sales Comparison Approach INTRODUCTION

BUSI 352 Learning Objectives

METHODOLOGY GUIDE VALUING LANDS IN TRANSITION IN ONTARIO. Valuation Date: January 1, 2016

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

RAINS COUNTY APPRAISAL DISTRICT

Restricted Use Appraisal Report Residential

Appraisal and Market Analysis of Indoor Waterpark Resorts

Copyright, 1999, 2002, 2004, Freddie Mac. All Rights Reserved.

Anatomy Of An Appraisal

Rockwall CAD. Basics of. Appraising Property. For. Property Taxation

Fundamentals of Real Estate APPRAISAL. 10th Edition. William L. Ventolo, Jr. Martha R. Williams, JD

1.3. The Policy is based on the City of London governing principles:

Principles of Real Estate Chapter 17-Leases And Property Management

MHC 2012 Housing Tax Credit Cycle MARKET STUDY GUIDE

Basic Appraisal Procedures

FILE: EFFECTIVE DATE: May 15, 2013 AMENDMENT: 1

BUSI 330 Suggested Answers to Review and Discussion Questions: Lesson 9

The joint leases project change is coming

Restricted Use Appraisal Report Residential

Office of the Comptroller of the Currency Federal Deposit Insurance Corporation Federal Reserve Board Office of Thrift Supervision

Real Estate Appraisal

ASSESSMENT METHODOLOGY

AVA. Accredited Valuation Analyst - AVA Exam.

Land, Agricultural Improvements, CAFO, Rural Residence, Farm

absorption rate ad valorem appraisal broker price opinion capital gain

Guide Note 6 Consideration of Hazardous Substances in the Appraisal Process

RESTRICTED APPRAISAL REPORT

Index of Examples. Chapter 1 Letter of Transmittal Chapter 2 General Assumptions and Limiting Conditions... 19

WYOMING DEPARTMENT OF REVENUE CHAPTER 7 PROPERTY TAX VALUATION METHODOLOGY AND ASSESSMENT (DEPARTMENT ASSESSMENTS)

Part 1. Estimating Land Value Using a Land Residual Technique Based on Discounted Cash Flow Analysis

Appraisal Review: Analyzing the 1004

Real Estate Accounting

Chapter 7. Valuation Using the Sales Comparison and Cost Approaches. Copyright 2010 by The McGraw-Hill Companies, Inc. All rights reserved.

MARKET VALUE BASIS OF VALUATION

Mass Appraisal of Income-Producing Properties

INVENTORY POLICY For Real Property

TECHNICAL INFORMATION PAPER - VALUATION OF ACCOMMODATION HOTELS

INVENTORY POLICY For Real Property

Application of the Residual Approach to Value

Guide to Appraisal Reports

EvaluePro Real Estate Restricted Appraisal Report

GENERAL ASSESSMENT DEFINITIONS

Unit 16. Real Estate Appraisal

This chapter explores the principles of value, the forces that impact the value of property, and the appraisal process.

INSTITUTE FOR PROFESSIONALS IN TAXATION REAL PROPERTY TAX SCHOOL REVIEW AND INTRODUCTION

Joint Ownership And Its Challenges: Using Entities to Limit Liability

Tangible Personal Property Summation Valuation Procedures

Chapter 37. The Appraiser's Cost Approach INTRODUCTION

Cornerstone 2 Basic Valuation of Machinery and Equipment

REPORTING GUIDELINES FOR REAL ESTATE APPRAISAL REPORTS

Course Mass Appraisal Practices and Procedures

SIRVA Mortgage Order Instructions

TECHNICAL INFORMATION PAPER VALUATION OF SELF STORAGE FACILITIES

Housing Characteristics

LESSON 4. Market Research and Subject Property Identification

Land / Site Valuation A Basic Review. Leslie G. Pruitt Certified General Appraiser

AI General Demonstration Grading Sheet

WALLER COUNTY APPRAISAL DISTRICT MASS APPRAISAL REPORT APPRAISAL YEAR 2018

BUSI 331: Real Estate Investment Analysis and Advanced Income Appraisal

ASSESSMENT METHODOLOGY

METHODOLOGY GUIDE VALUING OFFICE BUILDINGS IN ONTARIO. Valuation Date: January 1, 2016

Legal Concepts in Real Estate

Understanding Real Property Interests and Deeds» By Brad Dashoff and John Antonacci. Understanding Real Property Interests and Deeds

Office Building. Market Value Assessment in Saskatchewan Handbook. Office Building Valuation Guide

UNDERSTANDING HOW USPAP APPLIES TO REAL PROPERTY APPRAISAL PRACTICE USPAP Matrix

VALUATION REPORTING REVISED Introduction. 3.0 Definitions. 2.0 Scope INTERNATIONAL VALUATION STANDARDS 3

Sample Exam 1 Textbook Rationales

March 20, TO: All MAAO Members FROM: MAAO President Stephen C. Behrenbrinker, CAE, RE: MAAO-DOR Foreclosure Advisory Document

ACCOUNTING FOR CAPITAL ASSETS. Presented by: Joel Knopp, CPA Shareholder

Detailed competency map: Knowledge requirements. (AAT examination)

PREPARATION OF THE DEMONSTRATION APPRAISAL REPORT

TANGIBLE CAPITAL ASSETS

Real Estate Principles Chapter 13 Quiz

FIRST PRINCIPLES OF VALUE

Transcription:

THE APPRAISAL OF REAL ESTATE ND 2 ANADIAN EDITION BUSI 330 REVIEW NOTES by HUK DUNN opyright 2004 by the Real Estate Division and huck Dunn. All rights reserved.

Review Notes: Real Property and its Appraisal hapter 1 - Real Property and its Appraisal Introduction Land is the foundation of social and economic activities of the people who inhabit and share it. Legal aspects are about ownership and use of the land. Land can be traded and sold for money or other goods. Value is based on these aspects of land and is an economic concept. Value is determined by attitudes and actions of people in response to social and economic factors. The actions of the people create a market for goods and services. oncepts of Land Governmental and Legal Laws reflect rights and obligations associated with various interests in land. Land includes the ground, what is under and over it, as well as what is attached. anadian law has defined which governments can control land use: federal, provincial, municipal, and now First Nations. Appraisers must be concerned with easements, access regulations, use restrictions, and recording and conveying titles. Recorded by a government agency called the title office. Economic Land ownership has rights that can be legally limited by government statutes. Land ownership is a form of wealth and therefore, an object of value. Social Modern society is concerned with land use and how rights are distributed because land is fixed in quantity. But land can be modified, destroyed and sometimes created. Increased demand puts pressure to use land more effectively. Laws are intended to serve the public good. Laws control how land is to be used and what land is to be protected by environmental legislation. hanging land use controls affect the nature and extent of private ownership. Geographic and Environmental Each parcel is unique in physical attributes and location which affects its utility and highest and best use. Adjacent properties are still considered unique. Various processes such as physical, chemical, biological, and socioeconomic affect human habitation and activity on land. This in turn affects the value of the land. Land has many uses including agricultural, commerce, habitation, and recreational. Land use is affected by climate, topography and distribution of natural resources, population, industry, and current trends in these areas. Real Estate, Real Property, and Personal Property Real estate is immobile and tangible; it includes land and all things attached, whether natural or human made. Real property includes all interests, benefits, and rights inherent in ownership. A right or interest is also referred to as an estate in land. 1.1

Review Notes: hapter 1 The total range of ownership is called the bundle of rights. Ownership bundle consists of the right to: sell, lease, enter, give away, use, or refuse to do anything. Restrictions on the bundle are placed by common law and all levels of government. Appraisers distinguish between (1) real estate, (2) real property, and (3) personal property. Appraisal Practice In anada, the Appraisal Institute of anada (AI) is the major appraisal organization that sets standards for education appraisal practices. The anadian Uniform Standards of Professional Appraisal Practice (USPAP) is a set of appraisal standards that must be followed by all members of the AI. These standards can viewed on the AI website. Members will complete appraisal reports, or carry out consulting or appraisal review for clients, all of which are governed by the USPAP guidelines. The AI also requires members to re-certify every 5 years by taking various courses which are appraisal specific or related to real estate in some manner. Appraisal Assignments and Reporting Formats USPAP details four types of appraisal reports. They are: 1. A full report of comprehensive detail. Very detailed analysis and description; 2. A narrative report which is a detailed report where extraordinary limiting conditions have been invoked. Less detail than a full report; 3. A "short narrative" which consists of concise and brief descriptions; and 4. A "form" which is a standardized format, often used for mortgage reporting purposes. Purpose and Intended Use of an Appraisal The purpose is the stated reason and the scope of the assignment. Established by the client, explaining what they want answered about the property. Values sought can be: market value, going concern value, assessed value, use value, investment value, or other types of value as defined by the client and the appraiser. Purpose establishes the foundation of the final value conclusion. Use is how the client will use the appraisal information for their needs, such as: market value for sale or purchase purposes, investment value, assessed value, to assist in setting lease rates, for government expropriation, etc. The date of the appraisal must alway be shown as forces on any given day can affect a property's value. See Table 1.4 in the workbook for "Typical Uses of Appraisals". Appraiser Liability Members are required to carry liability insurance through the AI. Areas of possible liability are negligence, misrepresentation, fraud, breach of contract, or lack of compliance with the USPAP. Appraisers are selling opinions and to avoid liability, they have to do a thorough and professional job. This requires good market data support for all opinions and adjustments used to arrive at the estimated value for the subject. 1.2

Review Notes: The Nature of Value hapter 2 - The Nature of Value Introduction Value is the main consideration for an appraiser. Distinction Among Price, ost, and Value Price is the amount paid for a product. ost is cost of construction or overall development cost, including a profit. Value is the anticipation of benefits to be obtained in the future and can change over time. The type of value must also be defined: market, assessed, investment, etc. ost is not value. Market Value and Other Types of Value Market Value Market value is important in most real estate transactions and is defined as: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress. USPAP has its own definition which is very similar. There is also an international standard and one from the American Appraisal Institute. Use Value This value is the value of a specific property for a specific use without regard to highest and best use or the money received on a sale. For example, manufacturing plant built for a specific purpose or a house built for a handicapped person. Objective value refers to the cost to construct something, while subject value refers to what something is worth to someone or what people will pay for an item. See the workbook page 1.18. Limited Ma buyers because of their unique design and therefore market data is very limited. These could be appraised on their current use or a likely alternative use. Little market evidence is typically available for churches, public buildings or schools. If no market can be demonstrated, then market value cannot be determined. If use value can be determined if the use is viable and likely to continue. Investment Value A value of a specific property to a particular investor based on their investment criteria. Going oncern Value A going concern is an established and operating business with an indefinite future. The physical assets are an integral part of the business, e.g. hotels, restaurants, manufacturing operations, etc. Sometimes it is difficult to separate the market value of the real estate from the value of the business. 2.1

Review Notes: hapter 2 Assessed Value Refers to valuing a property for assessment and taxation purposes. The local or provincial legislation may or may not refer to market value. The definition of assessed value is defined by the statute as to how it will be determined. Factors of Value The factors that affect value are utility, scarcity, desire, and effective purchasing power, coupled with supply and demand. Supply factors are utility and scarcity, while demand factors are desire and effective purchasing power. Utility: the ability to satisfy a human want, need, or desire. Residential properties give shelter, commercial properties generate income. Scarcity: to have value, items must be scarce which will then affect how much people will pay for something. Useful, desirable land is scarce so it has some value, but it must also have some utility. Desirability: desire is a purchaser's wish to satisfy human needs or wants. Effective Purchasing Power: the ability of people to participate in a market or be able to buy the goods. They must have the money or credit to be able to buy. Supply and Demand: the interaction of these four factors that create value is reflected in the principle of supply and demand. 2.2

Review Notes: Foundations of Appraisal hapter 3 - Foundations of Appraisal Introduction Real property is the focus of real estate appraisal theory as society perceives it to be a good investment. Most everyone in society wants to eventually own real property. Both the public and the governments are players in this market and their actions will affect the others and the benefits they are expected to receive. The level of participation depends upon one s needs and wants. The production of goods, services, and income depends on the combined effects of four essential economic ingredients called the agents of production. Agents of Production ombining the four agents of production (land, labour, capital, and entrepreneurial coordination) creates a finished real estate product. 1. Land is the basis for any development and its cost must be considered in relation to the overall development. 2. Labour is all of the direct and indirect costs to construct and market the product, including wages, materials, and financing. 3. apital is the cost of financing and the return on both borrowed capital and equity capital invested in the project. 4. Entrepreneurial Profit is the anticipation of receiving a profit in addition to the return of the equity investment. Time and expertise of the developer are also part of this profit because the developer created and marketed the project. THE PRINIPLES Anticipation and hange Anticipation of future benefits from something creates value. Residential housing provides a place to live and raise a family. ommercial properties generate future income. onsider the Olympics in Vancouver. hange is the fact that social, economic, governmental, and environmental forces are changing on a daily basis and they in turn affect the public s attitudes towards real estate. Depreciation and obsolescence affect the real estate itself and lessen the benefits it can produce in the future. Supply and Demand, Substitution, Balance, and Externalities Economic theory states the price of a commodity varies the supply and demand of that commodity. If the market is in balance, then the price remains stable; if the supply increases and the demand stays the same, then the price will drop; if demand increases and the supply remains stable, then the price will rise. 3.1

Review Notes: hapter 3 The supply of real estate depends on the four agents of production. Supply refers to the amount of service or space available. Quality of space is also important. Quantity of space changes slowly, while quality can change quicker by remodelling or making additions. The demand is the desire and ability of market participants to buy or lease goods and is affected by the quantity and quality of supply. Demand supported by purchasing power results in an effective demand. Appraisers must be aware of the supply and demand for the real estate they are appraising. ompetition is fundamental to the equation because it will affect both the supply and demand in different ways which will in turn affect the value of the commodity. Existing subdivisions compete with new subdivisions for buyers. New shopping malls compete for new shoppers. Malls are remodelled to attract new shoppers from other malls. Substitution states the commodity with the lowest price attracts the greatest demand assuming rational, prudent purchasers, no undue delay in obtaining the product and that the property is equally desirable. This principle is fundamental to the three approaches to value: direct comparison, cost, and income. In other words you can BUY, BUILD or INVEST. Balance states that property values are created and sustained when contracting, opposing, or interacting elements are in a state of equilibrium. It is achieved when the combination of land and improvements is optimal and no benefit is achieved by adding another unit of capital. The principle of diminishing returns states that adding more units of production will produce greater net income up to a certain point and at this point further expenditures result in diminishing returns. For example, building a four bedroom house where three is standard may not return any extra value in relation to the cost. ontribution states that the value of a particular component is measured in terms of its contribution to the value of the whole property or by its absence. For example, a residential swimming pool may or may not return its cost when the property is sold on the market. In some cases, homes are purchased and the pool is filled in as a giant planter. The pool does not add value and, in fact, detracts from it. Surplus Productivity is the net income to the land remaining after the cost of the other three factors have been paid. It tends to set the value of the land when the income is capitalized at an appropriate rate of return. onformity states that to maintain value, properties must conform to market standards. The principle of regression states a higher priced property in a lower priced neighbourhood will not bring the same value as if it was in a higher priced neighbourhood. Likewise, the principle of progression states lower priced properties in higher priced areas will command a higher price. Externalities state that factors outside the property itself can affect its value, either in a positive or negative manner. Since real estate is immobile, this principle is very important and appraisers should always investigate what is happening in and around the subject. Externalities that are present today can disappear in the future or they can be imposed at a later date. The expansion of an airport can affect the properties located under the new runway; the closure of an airport or industrial plant can increase the value of the properties by making them more desirable. This can affect only one or two properties or a whole community could be affected by the closing of major industry. The construction of a new major industry can affect all properties in a community or just certain ones. 3.2

Review Notes: Foundations of Appraisal Forces that Influence Real Property Values The four basic forces that affect real property values are social trends, economic circumstances, governmental controls and regulations, and environmental conditions. They are all interactive and affect all parcels of land. 1. Social forces are related to population characteristics. A study of demographics trends will reveal much about the market and the trend that is taking place. Social forces reflect attitudes towards education, law and order, and lifestyle options. 2. Economic forces refer to factors such as employment, wage levels, price levels, cost of money, new developments, supply of existing properties, rental rates, and construction costs, to name some. The appraiser needs to keep abreast of any economic trends that may affect the market they are appraising. 3. Governmental forces refers to the effect government policies can have on real estate values. Policies regarding public services (police and fire protection), transportation networks (roads, skytrains, bridges, etc.), local zoning and building bylaws, environmental protection of lands, fisheries legislation, control over mortgage loans and policies regarding banks, or credit unions, etc. 4. Environmental forces refer to such factors as climate, topography, toxic contaminants, natural barriers to development (rivers, mountains, wetlands, etc.), primary transportation systems, and nature of surrounding property. Other areas to investigate are public transportation, schools, stores, parks, recreation facilities, places of worship, processors of raw materials, etc. The appraiser needs to be aware of these forces and this is best done by reading the local and national newspapers and trade publications, and by attending appraisal organizations meetings, seminars, and annual conferences. This is an ongoing learning experience and does not occur in one or two days, but over a lifetime. Appraisers interpret the market for clients and therefore need to keep up to date on market trends and local activity. 3.3

Review Notes: The Valuation Process hapter 4 - The Valuation Process Introduction Valuation is a systematic process appraisers use to solve client's questions regarding a property's value. Each property is unique and many value opinions can be developed. Most common value is "market value. Once the problem is defined and the scope established, then the research begins: international and local trends, forces affecting value, data to be examined, etc. Apply one or all of the three approaches to value: cost, market, or income. Finally the data is analysed and the value estimates reconciled into a final estimate of value. Definition of the Appraisal Problem Identification of the lient and Intended Users of the Appraisal Identify the client's needs and the intended users of the appraisal. Follow the anadian Uniform Standards of Professional Appraisal Practice (USPAP). Intended Use of the Appraisal How is the appraisal to be used: e.g., to facilitate purchase or sale, determine loan amount, basis of taxation, terms of a lease, valuing financial assets, expropriation purposes, or other real estate decisions. Purpose of the Appraisal This will determine the type of value such as market, use, going concern, investment, or assessed value. Every report must state the definition of value used and should show how it relates to or differs from "market value". Purpose determines the data to be selected, methods of analysis and logic used, and the final value opinion. Date of the Opinion of Value Date must be specified as conditions and forces affecting value are always changing. Value conclusion only applies to that date. Most valuations intend to find current value. Retrospective for estates, insurance, income tax, lawsuits, or other situations. Future valuations may be necessary for new construction of residential or income properties. Identification of haracteristics of Property Location of the property, interests to be valued, items to be included in the appraisal, and any land use restrictions. Legal descriptions are essential, address of property, any limitations on ownership, the effect of any financing on the value, what rights are being appraised, etc. Extraordinary Assumptions and Hypothetical onditions Must state any extraordinary limitations on the scope of the report. Hypothetical conditions are contrary to what exists, but are asserted for the purposes of analysis. 4.1

Review Notes: hapter 4 General Limiting onditions and Assumptions The conditions help protect the appraiser/client and to inform others as to some of the assumptions made. Examples include: no engineering report was done, sources of data are considered reliable, deny responsibility for any loss if a lender had imprudent lending practices, etc. Scope of Work State the amount and type of information researched and the analysis applied. Appraiser will decide this based on use and value required. Indicate what was not done in the appraisal. Any of the typical (3) approaches omitted and why they were omitted. Planning the Appraisal Most appraisals are fairly standard, so the process is not difficult and can be done by one appraiser. Other more complicated assignments require extensive planning and assistance, either by staff members or other professionals who can assist the appraiser. The appraiser is responsible for the whole report and therefore all those who help in producing the report. Data ollection and Property Description General data is information about trends that affect the property in a defined market area. Specific data relates to the property itself and the comparables. Supply and demand data is important. Data Analysis ollected data is analysed for market relevance and for highest and best use implications. Market analysis is the study of the market conditions for a specific property, the motivations involved, and other influences affecting that type of property's value. It assists the appraiser to see the overall picture and what affects the present supply and demand. Highest and best use of property as if vacant and as presently developed are very important. It identifies the comparables to be used and the use on which the final value will be. It also helps establish if the improvements should be kept as is, if deficiencies should be cured, if the improvements should be modified or demolished. hapter 12 discusses this in more detail. Land Value Opinion A separate land value may be necessary for the cost approach, taxation purposes, or expropriation. Land value can be found by direct comparison, extraction, allocation, or subdivision. Discussed in more detail in hapter 9. 4.2

Review Notes: The Valuation Process Application of the Three Approaches ost approach, sales comparison approach, and income approach are the three traditional approaches to value. All these approaches are used in most reports and if they are not then it should be stated why not. ost approach is the land value plus the depreciated value of the improvements and the site improvements. Direct comparison approach is based on an analysis of sales of comparable properties, adjusting their values to make the properties more similar to the subject. Adjustments can be for property rights conveyed, financing terms, conditions of sale, money spent after purchase, market conditions, location, physical characteristics, economic characteristics, use/zoning, and non-realty components in the sale price. Income approach is based on the present value of future benefits. Future benefits is defined as the income stream. The net income is capitalized or translated into a capital value by using a yield percentage rate derived from the sales of similar income producing properties. The three approaches will be discussed in more detail later in the course. Final Reconciliation of Value Indications The last step is to reconcile the values from the approaches into a final estimate of value, either as a single figure or a range. The appraiser analyses the approaches used and considers the dependability and applicability of each before they arrive at the final estimated value. Report of Defined Value. The final value is based on the appraiser's opinion and reflects their judgment. It is usually a written report and conforms to the USPAP standards. 4.3

Review Notes: Real Property Ownership and Interests hapter 5 - Real Property Ownership and Interests Introduction Ownership involves the identification and valuation of different rights, but also the limitations on those rights and how these affect the property s value. Real Property Ownership Public and Private Ownership Public ownership is the ownership of roads, sidewalks, utility systems, and other public facilities. Private ownership is the ownership of property by private individuals, subject to regulations placed on it by the various levels of government (e.g., zoning, expropriation). The Bundle of Rights Fee simple is the purest form of ownership, unencumbered by other interests or estates, subject only to the overworking governmental restrictions placed on all land. The bundle of rights is the rights a person has when they own property and what they can do with it. The bundle of rights are the right to sell an interest, lease an interest, mortgage the property, give an interest away, or the right to do none or all of these things. Each right has some value and if one or more is removed, then a partial interest is created and will have to be valued. Public Restrictions on Ownership Public restrictions are known as the four powers of government: 1. Taxation: the right to property taxes. 2. Expropriation: the right to take property for a public good. 3. Police Powers: the right to regulate property for the public good (building standards, zoning, etc.). 4. Escheat: the right of government to take property when there are no rightful heirs. Private Restrictions on Ownership Private restrictions can limit the use, development, or ownership of a property. This can be done by easements, right of way, restrictive covenants, party wall agreements, etc. These are registered against the property s title in the Land Title or Registry office. oncurrent Ownership of Real Property Real estate can be owned by more than one entity such as individuals, partnerships, corporations, or trusts. When the bundle of rights is owned as separate interests, tenancy is created. Tenancy is holding property by any form of title. oncurrent ownership includes joint tenancy, tenancy in common, and tenancy by the entirety. Joint Tenancy This is the joint ownership by two or more persons with the right of survivorship. Each has the same interest and upon the death of one, ownership automatically goes to the other person(s). 5.1

Review Notes: hapter 5 Tenancy in ommon An estate held by two or more persons each having an undivided interest. The interests need not be equal and there is no right of survivorship. One can sell their interest without the other s approval. Tenancy by the Entirety This is an estate held by husband and wife in which neither has a disposable interest during the lifetime of the other, except by joint action. It is the same as joint tenancy, but only applies to spouses. Legal Entity Ownership of Real Property Land can be owned by a variety of different legal entities such as land trusts, partnerships, corporations, and syndications. Land Trusts A special deed transfers the property to a trustee who then owns the property. The duties and functions of the trustee are outlined in a trust agreement which must be carefully followed. Partnerships This is a business arrangement where two or more persons/companies own a business and share in the profits/losses. Partnerships can be general or limited. In general partnerships, the partners share all the liabilities equally and liability is unlimited. In limited partnerships, the partners all pool their funds, but the limited partners are passive in that they do not participate in the management of the business and liability is limited to the amount of their investment. Stock orporations Shareholders own shares in a company, a legal entity, itself owns the real estate. Shareholders liability is limited to their share investment. Limited Liability ompanies Limited liability companies combine the features of corporations and partnerships. Owners are members and not shareholders or partners. Not allowed in anada at this time. Syndications A creation of private or public partnerships to pool funds for some specific real estate purpose. Originally set up for tax purposes. Special Forms of Ownership Special forms of ownership include condominium or strata ownership, cooperative ownership, and timesharing. ondominium or Strata Title Ownership Each owner has title to their own unit and a proportionate fee simple interest as a tenant in common with the other owners in the property. Usually defined by local legislation (British olumbia it is the Strata Property Act) as to how the boundaries of the units are drawn up, how the unit entitlement is calculated, how the strata/condominium association/corporation will operate, and the responsibilities of the officers. Owners pay a monthly strata fee for general maintenance and to build up reserves for major replacements: roof, painting, equipment, etc. Stratas are common in residential, commercial, industrial and mixed use buildings (i.e., residential and retail/office uses combined). Almost all real estate can be stratified if allowed under the local legislation. In British olumbia a condo is referred to as an apartment type strata unit, meaning it is a suite in a multi-storey building. A townhouse is an attached unit usually with its own entrance and a small backyard area. A strata warehouse unit refers to a warehouse unit in a multi-tenanted building with its own entrance and loading bay doors, either at the front or rear of the unit. A strata retail unit refers to a retail space in a shopping mall. A bare land strata just refers to the land and does not include any buildings. 5.2

Review Notes: Real Property Ownership and Interests ooperative Ownership This is where a stock company owns the real estate and issues shares to individuals who can then occupy by way of lease, a unit in the building. The value of the unit is based on the shares they own. Each month they pay a maintenance fee. The title is held by the company so individual units cannot be mortgaged; instead, the shares are used to secure a loan. When shares are sold, the shareholders can veto the sale if the new shareholder is unacceptable to the present shareholders. Timesharing This involves the sale of either limited ownership interests in or right to use and occupy residential apartments or hotel rooms. In fee timesharing, the owner gets title for a specified number of weeks per year. Value is based on the number of weeks and the time of the year. Two categories are ownership and interval: In ownership, they agree to use it for specific weeks during the year. In interval, the period may only last for the duration of the project. When expired, the interval ownership reverts to tenancy in common. The second form is a non-fee type and does not convey title. The owner has the right to use it for a specific period, like a long-term lease. Three types are leasehold interest, vacation license, and club membership. Leasehold is a prepaid lease type for a certain period of time. Vacation license gives the persons the right to use a given unit for a specific time over the life of the vacation license contract. lub membership the timeshare patrons purchase a membership for a specified number of years in a club that owns or leases or operates the timeshare property. Types of Property Interests Appraisers will appraise the fee simple interest or an interest less than fee (a partial interest). They can be created economically, legally, physically, or financially. Economic Interests Economic interests are created when a property is divided by a lease. Both the lessor and lessee each obtain a partial interest, the leased fee and the leasehold interest. Leased Fee Interests This is the lessor s or landlord s interest in the property if a lease has granted the lessee the right to use the property for a certain period of time. Lessor has the right to be paid rent, repossession on the termination of the lease, default provisions, and the right of disposition of the lessor s interest in the property. Lessor is the landlord. OR of lessor is the OR of landlord. Leasehold Interests This is the lessee s or tenant s interest in the property and is created by a lease which gives them an interest in the property for the period of the lease. They may be able to sublease and improve the property if allowed by the lease. The tenant s main obligation is to pay the contracted rent. If market rent has increased since signing the lease, then the tenant has an economic advantage. The tenant holds the lease so it is called a leasehold. 5.3

Review Notes: hapter 5 Sub-leasehold or Sandwich Interests The lease may allow the tenant to sublease the premises to a third party for the remaining term of the existing lease. Important to always read the lease too fully understand its terms and to ask for legal advice if you do not understand any of the terms. Legal Interests Easements or other legal restrictions may restrict the use of a property for a short period of time or forever. Easement Easement is an interest in a property that conveys use, but not ownership, over a portion of an owner s property. They have very specific uses, as defined in the agreement, and can be surface, sub-surface, or overhead easements, or a combination of them. They can be public or private easements created by contract, or by government entities through expropriation. Easements have taken away some of the bundle of rights and therefore the property is worth less than market. They could possibly be worth more depending on the easement agreement. Appraisers should search title to see if an easement is present and how it may affect value. Life Estate It is defined as the total rights of use and occupancy of a property limited to the lifetime of a designated party. The designated party is the life tenant. The remainderman is the person who will eventually inherit the property. Transferable Development Rights This is where the development rights a property has are sold and transferred to another property in order to allow it to be developed with a higher density. For instance, if a property is to be preserved as green space, then its development rights can be sold to a developer who can then develop another property to a higher density. Physical Interests Physical interests can be achieved both horizontally or vertically. Horizontal is through subdivision and assemblage. Vertical is sub-surface or air rights which can be sold or leased separately. For instance, in Vancouver, hrist hurch athedral sold the air rights to the adjacent development so it could be built higher and denser, subject to zoning guidelines. The hurch received monies to maintain itself and the developer was able to build a larger building on the other site. This is often used to preserve historic buildings rather than tear them down. Governments will determine the rules for these transfers. Financial Interests Since properties can be mortgaged, then a property can be subdivided into mortgage and equity components. 5.4

Review Notes: Data ollection hapter 7 - Data ollection Introduction It is essential to know how to collect data, its sources, and how to manage and analyse it. With modern technology, the collection of data is easier and more reliable. Finding the sources of data is still one of the appraiser's main jobs. USPAP guidelines should be followed as to collection and reporting of data. The analysis of data collected should answer the reader's question "So what?" This means that any data in the report should be analysed and not left for the reader to interpret. It is inappropriate to put data in the addenda and not cross reference it to the body of the report, so the question is "Why put it in?" in the first place. Only data that will help in determining the value should be included. DO NOT put in useless or redundant data just to make the report look larger and more expensive. Types of Data: GENERAL DATA General data is data about the social, economic, governmental, and environmental forces that affect the subject's market and its value. Economic Trends Must recognize and understand how economic trends affect value, but also the probable direction, extent, impact, and cause of these changes. Must study international trends as we are in a global economy. The anadian market is affected by policies of the United States and European and Asian countries. National and regional trends affect values, e.g., Federal Government policies on taxation, legislation, budgets, etc. Local market conditions have a great bearing on values, e.g., city taxation, major industries. How will these conditions affect values? Demographics Population is important in the local market both from a household and employment perspective. Different household formations require different types of space and support facilities: shopping, medical, and education. Employment generates a demand for commercial/industrial space as well as employment opportunities and the ability to form households. As population changes, so do real estate values. Government Regulations Zoning affects what can be done on and to a property, this affects value. Agricultural Land Acts protect farm and wilderness areas. Environmental standards may affect property values in a positive or negative way. Building regulations determine the size and quality of the structure and therefore value. Trends in Building Activity Housing starts and commercial constructions are a large part of the Gross National Product. Developments take time for construction and marketing. If the market slows down, the developer cannot stop building but only reduce the size of the development. Mortgage rates have a significant effect on building activity. 7.1

Review Notes: hapter 7 Building osts Building costs are affected by labour and materials, building technology, financing costs, building codes, and regulations such as zoning, environmental, and subdivision regulations. osts tend to follow the economy in general, including inflation and deflation trends. Taxes Taxes are set by the local municipality depending upon their budget requirements. The local assessment office determines the values of all properties in their area based on the existing legislation requirements. Once the total value is determined, then the value of the properties is divided into the annual budget to derive a tax (mill) rate. The mill rate is based on taxes per $1,000 of the properties' value. If the budget is $5 million and the value of all the properties is $50 million, then the tax rate is $100 per $1,000 of property value. If the tax rate is high in a certain area, then developments may move to lower taxing municipalities. Governments can also give tax breaks to encourage construction in their area. Financing ost and availability of money affect the type and quality of development to be undertaken. If mortgage costs are lower, it will encourage tenants to buy rather than rent because mortgage payments may be equal to their rent. Types of Data: SPEIFI DATA This includes details about the property under appraisal, comparable sales, and the relevant market conditions for that type of property. The data requirements are required for the three approaches to value and to determine the highest and best use of the property. ompetitive Supply and Demand Data Must be aware of the supply of competing properties, future construction of similar properties, the future for this type of property, and the highest and best use possibilities. ompetitive Supply Inventory Must know the number of rental units, number of recent sales, those being offered for sale, and those that will come up for sale. Much of this information can be found from the local real estate boards, of which appraisers are usually members. Demand Study Appraisers need to know the future demand for properties similar to the subject and cannot always assume the demand will be steady and always there. For a large project, expert assistance may be required in determining demand. hapter 11 discusses market research in more detail. Sources of General Data Information comes from all levels of government, MH, trade associations, and real estate boards. Table 7.2 lists many sources the appraiser can use. Data such as housing inventory, starts, completions, absorptions, household incomes, population demographics, and housing forecasts are important. Immigration and population shifts within the country are important to know about. Public Records Includes title transfers which list vendor and purchaser, legal descriptions, transfer price (in most cases), any financing, and other charges that may affect the bundle of rights. 7.2

Review Notes: Data ollection Published News Local real estate newspapers and trade magazines, articles from the real estate associations and appraisal organizations, and the local newspaper, which often has articles profiling the market. Market Participants Salespeople, appraisers, mortgage brokers, developers, and major lenders. Listings and Offerings From local real estate catalogues and Internet databases, local real estate newspapers, for sale signs, personal networking, assessment office records, and private databases that appraisers can subscribe to for a modest fee. Sources of ompetitive Supply and Demand It is up to the appraiser to review and analyse the data they have found and make some decisions about the current trend for that type of property and its future as security for a loan or investment for a particular client. During the gathering of information, the appraiser begins to form an opinion about the local market, its strengths and weaknesses, and the level of demand. During this process, the appraiser begins to find good comparable properties that can be used to assist in valuing the subject. Data Organization Market grids (spreadsheets) can be used to display the collected data and are then used to show how it was analysed. The heading for the grid will include the address of the comparables, their sale price and date, and characteristics that are similar to the subject and have to be adjusted for using market data. hapter 18 goes into more detail on the direct comparison approach. Summary It is up to the appraiser to become market knowledgeable and this can be done by reading local trade papers and magazines and networking with the industry players. Attending local dinner/lunch meetings, seminars and workshops, and working on various association committees all add to the appraiser's networking capabilities which become useful when searching for information. 7.3

Review Notes: Market, Neighbourhoods and Districts hapter 8 - Market, Neighbourhoods and Districts Introduction A neighbourhood is defined as a group of complementary-residential, -commercial,-community land uses. A district has one predominant land use, commonly composed of apartments, commercial/industrial, or agricultural lands. A market area can encompass one or more neighbourhoods or districts, referring to an area where people live or work. Defining Geographical Boundaries All the above affect the subject s value. Boundaries can be geographic or demographic. Physical boundary limits include structure types, street patterns, shopping areas, terrain, vegetation, lot sizes, and transportation routes. Start with the subject property and work outwards noting all similarities or dissimilarities. Walk/drive/bike the area and note defining characteristics on a map. Use published data from real estate sources or the local government as a guide to boundaries. See real estate board s boundary maps or civic boundary maps. hange and Transition Appraisers must keep up-to-date on changes and probable changes in the market. Ask these questions to help understand the areas. What is the trend for the area? Is it getting better, worse, or staying the same? What is the rate of change and the absorption of properties in the area? Is there any re-zoning in the area? What does the community plan show for the future? Life ycle of a Market Area A market s life cycle, like an individual s, is 1-growth, 2-stability, 3-decline, and 4-revitalization. All markets change at different rates and the appraiser needs to recognize this rate. Evidence of Transition Evidenced by new construction of the same type of property or of a different type; e.g., single family to residential strata; commercial/industrial to residential strata; or agricultural to residential. A new shopping centre or mall may indicate that surrounding land will be developed with multi-family of some kind. New developments on the outskirts of town will affect surrounding land values. Analysing Value Influences Social, economic, governmental, and environmental influences affect the market areas. Social Influences Look at the changing demographics of an area: population density, skill levels, age levels, household sizes, employment status, quality of education, medical, recreational, cultural, and commercial factors. 8.1

Review Notes: hapter 8 Economic Influences These items include income levels, income distribution amongst households, property ownership, rental trends and vacancy rates, new development and redevelopment, vacant land, and past and future trends in these areas. Governmental Influences Governmental influences include taxing trends, zoning, building codes, fire and health regulations, quality of public services and who pays for them, and environmental regulations for all levels of government. Environmental Influences These can include any 1-natural or 2-man-made changes that affect the market, such as: building size, density and maintenance, topographical, open spaces, nuisances and hazard from nearby developments (odours, noise, litter, smog, etc.), adequacy of public services and their upkeep and maintenance, street widths and traffic patterns, changes in land uses, micro climate (winds, temperatures, and humidity), environmental liabilities, and access to public transportation. All of the above have to be analysed to see how they may impact property values. haracteristics of Real Estate Districts Different real estate districts require different services; if services are not present, then the market suffers from a loss in value. Single-Family Residential Districts Homeowners' associations often attempt to 1-maintain or 2-improve property values and can have a great impact on developments. Many developments have been thwarted by associations. Other effects include: traffic patterns are kept to the main roads, lobbying for and maintaining good public services, and improving community facilities such as schools, recreation centres, hospitals, and shopping for the young and old. Multi-Family Residential Districts These districts have their own requirements and Table 8.2 lists many of them: access to the workplace, transportation shopping facilities, reputation of the area, proximity to open spaces and recreation facilities, parking for the owners and guests (on and off the site), and vacancy and turnover rates. Other Types of Districts Other districts include office, retail, commercial/industrial, and agricultural. Speciality districts include forestry, medical, research and development parks, high tech parks, education districts, and historic districts. Historic districts are usually set up under government legislation, either federal, provincial, or municipal. The type of information discussed above cannot be learned overnight, but is a culmination of the appraiser s 1- experiences and 2-interaction in the market. That is why it is important to read local newspapers and magazines and become involved in various real estate organizations. Networking is important because information learned today may be important later when working on an assignment. Networking is also important because when information is required the appraiser needs to know who to call and ask questions. Previous contacts with people become very important. Instead of digging for hours, a quick phone call or e-mail may give you what you need. Also, with the advent of the Internet, searching and book-marking real estate websites is very important because this is an important resource for all kinds of data. All levels of governments have extensive websites that supply all kinds of information with the click of a mouse button. ommunity profiles are available for downloading that will give one a good overview of any district in the city or province. 8.2

Review Notes: Market, Neighbourhoods and Districts Half of the appraiser's job is to know where to look for data and the other half is to analyse it and write a report for the client. 8.3

Review Notes: Land or Site Analysis hapter 9 - Land or Site Analysis Introduction This chapter focuses on the 1-description and 2-analysis of the land or site. Land can have both on-site and off-site improvements to make it useable. Off-site includes water, drainage, sewers, utilities, and access to roads. On-site includes landscaping, site grading, driveways, drainage improvements, accessory buildings and support facilities. Land descriptions is factual data, information and land use restrictions, legal descriptions and other legal data and a physical description of the land. Analysis is also a study of data about the neighbourhood factors that create, enhance or detract from utility and marketability. Gather data to determine highest and best use as if vacant. Legal Descriptions of Land A parcel of land can be identified by a common description and is held in one ownership. Each parcel is unique. Identified by a unique legal description that sets out its boundaries and is registered in a central office. Boundaries determined by 1-metes and bounds system, 2-rectangular survey system or 3-lot and block system. Metes and Bounds Land is measured and identified by describing its boundaries using reference points based on compass bearings to describe the direction of the boundaries. See workbook page 3.8 and 3.9. Rectangular Survey System Known as the government survey system or section and township system. Reference points commence th at the 49 parallel of latitude and the lines are called base lines while the north-south lines are called principal meridians. Each set of lines has a unique number so properties can be accurately located. Lot and Block System This is an outgrowth of the rectangular survey system and can be used to simplify the location description of small parcels. A unique, registered plan number simplified reference to the subdivision. Ownership Information The ownership of a property is important to an appraisal as is the rights to be appraised. A copy of the title will indicate any easements and restrictions which may limit the use of the property. Title information is found in a land registry or land title office operated by a government agency. Title information can be searched for a small fee and nowadays can be done over the Internet. Zoning and Land Use Information Land use and development can be regulated by all levels of government. The appraiser must be aware of zoning and building codes and any likelihood of any changes. Zoning can affect such things as building height and size, site coverage, number of units allowed, parking requirements, sign requirements, future street widening and other factors that can be found by reading the bylaws and codes. Highest and Best Use is affected by zoning and land uses. 9.1