RE Chapter 1

Burdens on property, including money and non-money burdens

The rights or interests a person has in the thing owned

All property is either ______ or ________.

The owner of a property owns a _________.

"That which is immovable by law."

Real property includes:

Includes reasonable use of surface, mineral, airspace, and water rights

Mineral rights transfer automatically when...

3 Ways water rights may be severed

Riparian rights refer to

When a river or stream is a boundary of a piece of land, the riparian owner owns _____________

When a river or stream is a navigable waterway, the riparian owner owns __________

Can ownership of riparian rights be accurately determined by examining public records?

Littoral rights refer to

When the government gives permission to a non-riparian owner to take water from another landowner or a public waterway, this is called _________

The acquisition of a property by it being added to other property

The process of gradual or imperceptible additions to land bordering a river or stream, that can result in an individual acquiring title to the land

An individual acquires title to land by "natural causes" as a result of a process called __________

Soil deposited by accretion

The sudden violent tearing away of land by the action of water

The gradual wearing away of land by natural forces, resulting in loss of title

An increase in land by the permanent withdrawal of a sea or river

Objects attached to the land, may become real property; defined as "something incorporated into real property"

Examples of ___________ include homes, load-bearing walls, & built-in swimming pools

Acronym for determining if something is a fixture or not

MARIA, used to determine if something is a _____ or not, stands for:

Factors that are NOT considered when determining if something is a fixture (3)

Things used with the land for its benefit, considered real property

Appurtenances _____ with the land

Vegetation is considered _____ property

Stock in a mutual water company is _____ to the land. It is considered _____ property.

Personal property is also known as _______ or _______

Generally movable property, includes leases, trade fixtures, business opportunities, and mobile homes

Title to personal property ______ (is/is not) generally found by searching the public records

Can personal property be hypothecated?

Most personal property is transferred with a ________

A bill of sale must be signed by the __________

Borrower retains possession of an item of personal property, securing the debt (like a trust deed, mortgage, or pink slip for a car loan)

Fixture which is attached to leased property by a business tenant specifically for use in his trade or business

Trade fixtures are considered _________ property of the tenant

Crops may be __________ property

Crops which replenish themselves and do not require annual planting are usually ______ property

Crops which must be planted annually, known as ______, are usually ________ property and owned by the _______

All crops when cut, mortgaged, or sold, become _______ property

The act of removing something attached to the land and, by doing so, changing its status from real to personal property

Types of money burdens (liens) - (4)

Examples of non-money burdens (4)

Buyers commonly purchase ________ property

A homestead ______ is/is not an encumbrance

Also known as a "charge against property"

Money encumbrances, or liens, are placed against the property either ________ or _______

4 ways liens are categorized

Burdens (liens) on a particular parcel

Examples of specific liens (MAMPTL)

Burdens (liens) on any and all real property of the owner in the county where they are recorded

Examples of general liens (2)

Examples of voluntary liens (2)

Types of involuntary liens (4)

Money encumbrances recorded by people who have performed work or furnished materials for the improvement of real property and were not paid for their work

The only lien type that must be both verified and recorded

Mechanic's liens take priority…(2)

In the case of a mechanic's lien, this is recorded by the owner if someone else (like a tenant or vendee in a land contract) has work done on the owner's property

In a mechanic's lien, a notice of non responsibility must be filed within ____ days of obtaining knowledge of the improvement

Major types of encumbrances (2)

What types of liens usually have priority?

3 factors that affect the filing of a mechanic's lien

In a mechanic's lien, if a notice of completion is not recorded, the claimant has _____ days after completion of the work to file the lien

How are the funds from a construction loan typically released?

When is the last payment of a construction loan typically disbursed?

Notice of pending litigation concerning title or possession of real property that must be recorded and clouds the title

A lis pendens is effective as long as _________

A lis pendens is a type of _______ lien

Type of involuntary lien created by recording a writ of attachment, holding real property to ensure it will be available to satisfy judgment in a lawsuit

Court-ordered, involuntary general lien upon all real property of the debtor located in the county of recordation

Judgment liens are created by ______

Judgment liens are valid for _____ years and enforced by way of an "_____"

In a judgment lien, the court orders the sale of the property by a _________ sale to satisfy a judgment with a __________

Easements, encroachments, and restrictions are  types of _____

Encumbrances that affect the physical condition or use of the property, and do not include liens

The right to enter or use another person's land within definable limits

Easements are _____ during the time limits specified, and all easements are ____ property

What is the time limit for an easement?

The land that gets the benefit of an easement

The land that is crossed by an easement, and thus encumbered (burdened) by it

Every easement must have a ______ tenement

An easement that benefits the land of the dominant tenement, as a buyer will automatically receive this and have the same rights as the seller had

Do dominant and servient tenements of an appurtenant easement need to touch each other?

An easement that benefits a person or corporation that does not necessarily own land nearby, and involves at least one parcel of land

e.g. a utility easement for power lines

Ways an easement is created (3)

Method of creating an easement in which the parties simply agree to use one

Tenant-granted easements may not extend beyond __________

An easement retained by a grantor when conveying property is called _______

Easement created through long-term use of land without the permission of the landowner, must meet similar requirements as adverse possession

Requirements of an easement by prescription (5) - CHORP

Property taxes ______ (do/do not) need to be paid to create a prescriptive easement

Ways of terminating an easement (4) - MEND

A method of terminating an easement in which the holder of the dominant tenement signs a quitclaim deed

Method of terminating an easement in which the owner of the easement acquires the servient tenement

Is an unlocated easement still valid?

Non-money encumbrance in which an improvement on a property is wrongfully placed on another property, a type of trespass

An owner is allowed ______ in which to sue his neighbor to have an encroachment removed

Type of non-money encumbrance that restricts the free use of land by an owner, either private or public

CC&R's refer to ______

Restrictions that are created by the grantor or developer in a deed or by written agreement, and do not include zoning laws

CC&R's are usually placed in a " ______ "

A court order restricting a party from doing an act, such as violating public restrictions

A promise to do or not to a certain thing

A breach of a covenant results in a _____ or ____

A qualification of an estate held by a grantee

A breach of a condition affects the estate created, and the failure to comply with it may result in ______

The remedy for the breach of a condition is considered to be _____ serious than breach of a covenant

Which is more serious, breaching a Condition or a Covenant?

It is (illegal, legal) for a deed restriction to prohibit "For Sale" signs

Most commonly, public restrictions refer to _________

Restrictions that are justified for the safety, health and general welfare of the public

Type of zoning law that is illegal

In regards to public restrictions, an owner may continue to use a nonconforming structure under a ____________

Ways a landowner may petition to use his property in a way that zoning won't allow him to (2)

Process of changing zoning for an area

Type of zoning exemption an owner may get for his land if he can show that unique circumstances exist, and that they do not injure the public

Changing zoning from a high density use to a lower density use

if zoning conflicts with deed restrictions, the ____ (more, less) restrictive of the two controls

"What is owned," defines ownership rights and interests, along with the degree, quality and quantity of interest one has in property

An estate of indeterminable duration

Other names for Fee simple estate (4)

An estate which is indefinite in duration and can be sold or inherited

May have encumbrances

The greatest interest one can have in real property, an estate that is not subject to termination

A fee simple estate that is subject to termination if a certain condition isn't met or if a specified event occurs

Example of a fee simple defeasible estate

When a condition in a deed will cause title to revert back to the grantor if certain acts occur in the future, the condition may be described as  a ______________

A freehold estate limited in duration to someone's life

Holder of a life estate

Life tenants _____ (may, may not) sell, lease, or encumber the property

When a life tenant dies, the property (life estate) will ____________

Can a life estate be willed?

An estate held by the original grantor if the property is to revert to him

Other names for Less-Than-Freehold Estates (2)

The legal interest in real property held by a tenant who is leasing or renting

Less-than-freehold-estates are ____ property, and considered _________ encumbrances against a property

Types of leasehold estates (4)

Type of leasehold estate that must have a termination date

Type of leasehold estate that involves occupancy for an indefinite period

Type of leasehold estate in which the tenant who has rightfully come into possession of rental property retains possession after the expiration of the term

Parties in a leasehold estate (2)

Party in a leasehold estate that transfers an interest in his estate for a term less than his own, retaining a "reversionary interest," and considering the lease his personal property

Party in a leasehold estate that holds the leasehold estate as his personal property

Types of Leases (3)

Type of lease in which the lessee pays a fixed amount, & the lessor pays expenses

Type of lease in which the lessee pays expenses such a taxes, insurance, & maintenance, benefiting the landlord by giving him a fixed income

Type of lease in which the lessee pays rent based on a percentage of gross receipts of the lessee's business (i.e. commercial parking lot pays the highest percentage)

The following must be included in a lease (LAND)

Leases longer than one year must ___________

A lease for agricultural or horticultural purposes cannot exceed ______ years. A lease for urban property cannot exceed _____ years

A written lease must be signed by the _____ only, but is only enforceable if

The sale of a property usually ____ (does, does not) terminate a lease

A landlord must return a copy of a written lease or rental agreement to the tenant within __________

Money a landlord spends to customize space for the needs of a particular tenant

Ways a leasehold interest can be transferred (2)

Type of leasehold transfer in which the original lessee gives up a PORTION of his overall interest

A sublease transfers ________ of the property, but not __________

A sublease is ______ to the original lease, and the original lessee remains ______

Type of lease transfer in which the tenant transfers all the rights and interests to a new tenant

When a tenant assigns his lease to someone else, the assignee becomes ______

The assignment of a tenant's interest ____ (does, does not) relieve the original tenant from liability

A tenant may assign or sublease _____ (with, without) the landlord's permission as long as the lease doesn't prohibit it

If a landlord fails to make repairs after notice of problems, and premises become uninhabitable, tenant may make the repairs as long as ____________

If a tenant pays for his own repairs because of owner's failure to do so after notice, tenant can either _____ or ________

An owner _____ (is, is not) required to give notice to terminate to a tenant at the end of an estate for years

When a landlord and tenant mutually agree to terminate a lease, and do not dispute the amount of debt

An agreement to accept something different from (usually less than) what the contract originally called for
*Different than surrender

A tenant voluntarily relinquishes possession of the rented premises without the landlord's consent and with the intent to never return

Security deposits on residential property may not exceed _____ months' rent on unfurnished dwellings or _____ months' rent on furnished dwellings

When a tenant vacates a rental unit, the landlord must return the unused portion of the security deposit to the tenant within ______

Title superior to a tenant's held by the landlord

Tenants are entitle to the right of _______, meaning they can possess the property without someone claiming _____

The personal and nonassignable right to do a particular act on the land of another
May be revoked, unlike an easement

The power of the government to take private property for public use

Eminent domain may be exercised by ____ (3)

The government pays _____ for property taken under eminent domain

If an owner objects to eminent domain, the government must ______

Eminent domain is not part of _____ or _____

Compensation paid for a property taken by eminent domain is known as " _____ "

When a property is condemned under the _______, no compensation is paid

If a public work results in damage to property, a private party may bring a court action to force the government to purchase the property

Example of inverse condemnation

Inverse condemnation is the opposite of ______

The right of government to pass and enforce laws for the order, safety, health, morals, and welfare of the public

Police power is simply ______

Examples of police power (3)

When a person dies leaving no heirs and no will, the state gets the property. This process is known as _______

An individual may never acquire land by _____

When the government transfers land to an individual in a public sale, it uses a ____ to transfer title, not a deed

A court suit to perfect title, usually by removing a cloud on the title

Occurs when a person dies without a will, but with heirs. The heir acquires the property through probate court

Judicial proceeding that takes place after a person dies, to make sure the debts are paid and assets of the decedent are properly distributed

Commission paid to real estate agents in a probate sale is determined by _______

The sale of a property under a writ of execution to satisfy a judgment

Acquiring title to a property by 5 years of exclusive, open, notorious, continuous possession of the property, contrary to the original owner's best interests, under a claim of right or title, and by paying property taxes

Requirements of adverse possession (5)

Used to perfect title when property is acquired through adverse possession

Grants cities and counties control over the design of a subdivision (streets, sewers, etc.)

Under the Subdivision Map Act, cities and counties develop a ______ showing the location of streets, freeways, commercial districts, seismic activity zones, etc.

The primary tool used by the planning commission is ________

Master plans are implemented by ________

A subdivision of ______ parcels is only regulated by the Subdivision Map Act

Law designed to prevent fraud, regulated by the RE State Commissioner

To stop violations of the Subdivided Lands Law, the Real Estate Commissioner issues a ________

A subdivision of _____ parcels is regulated by both the Subdivision Map Act and the Subdivided Lands Law

To comply with the Subdivided Lands Law, a subdivider submits important info to the Commissioner, including:

In regards to the Subdivided Lands Law, when there is a blanket encumbrance, the RE commissioner may require ______ to protect the buyer's purchase money

Issues by the RE Commissioner when all of his requirements have been met according to the Subdivided Lands Law

A Final Public Report may be obtained by ______. A copy must be given to ____, and subdividers must get _____ in return before entering into a binding contract

A receipt for the Final Public Report must be kept on file by the ______ for a minimum of _____

A subdivision common, undivided interest in a parcel of real property, together with a separate interest in the airspace in a particular unit

A condominium may be ______, _______, or even a ______ building

Common area of condominiums include ______

In a condominium sale, the seller must give the buyer copies of: (3)

Each unit in a condo subdivision is assessed ______, and the owners of each unit receive their own _____

Any area or tract of land where 2 or more lots are rented or leased to accommodate manufactured home, mobile homes, or RVs

A kind of real estate development which consists of vacant parcels or dilapidated structure in an urban area targeted for new construction

The 3 phases involved in building a single family dwelling

Vital element to consider in planning a subdivision

The housing & construction industry is controlled primarily by: (3)

When an owner sells apartment units to tenants and the tenants own the parking areas, halls, walks, etc. in common, it can be described as a _______

The purpose of the State Housing Law is to _________, and is required to be substantially the same as the _______

When comparing federal, state, and local building codes, _____ usually set the highest construction standards

Dept of Building & Safety issues ___________, & minimum construction standards are enforced by enforced by _____

Sanitation, sewage, & occupancy regulations are enforced by ___________

Flooding is considered "frequent" if it occurs on average more than once in _____

According the the _______, a negative declaration indicates that the subdivision does NOT harm the environment; therefore, a negative declaration is ____

Act that allows the conversion of existing rental units to condominium

An urban planning and transportation theory that concentrates growth in compact walkable urban centers to avoid sprawl