Chapter 1

Question 1

Appurtenance

Answer 1

used to describe rights, privlages or improvements that belong to and pass with the land.

Question 2

Improvements

Answer 2

mans additions to the land such as building and landscaping

Question 3

Personal Property

Answer 3

is a right or interest in something of a temporary or movable nature and includes anything not classed as real property

Question 4

Personal Property is also called?

Answer 4

Chattel or personalty

Question 5

How is ownership of personal property transferred?

Answer 5

By a bill of sales

Question 6

When personal property is included in a sale, what may be attached to the contract to describe the details of the transaction?

Answer 6

Addendum

Question 7

Fixture

Answer 7

an item that was personal property; however, it has been attached in such a way that it has become real property.

Question 8

The word installed often indicates a

Answer 8

permanent attachment

Question 9

A fixture is never

Answer 9

freestanding

Question 10

the process of attaching may also be called

Answer 10

annexation

Question 11

The process of real property becoming personal will be described as

Answer 11

severed or severance. The fixture is uninstalled and once again becomes personal property

Question 12

Trade Fixtures

Answer 12

are fixtures installed by a tenant in order to carry out a business, and they may be removed from leased property prior to the termination of the lease. If trade fixtures are not removed prior to the termination of the lease, they become real property and pass to the landlord

Question 13

Emblements

Answer 13

are crops cultivated annually. Even though they are attached to the ground they are considered the personal property of the farmer who cultivated them. Ownership can be transferred with a bill of sale, or the farmer may make arrangements to return to the property and harvest them one time after he sale closes and the crops are ready for harvest.

Question 14

Physical characteristics of real property

Answer 14

Nonhomogeneity
Immobility
Indestructibility

Question 15

Nonhomogeneity

Answer 15

no two pieces are exactly alike. a more current term is uniqueness. Each piece of land is unique.

Question 16

Immobility

Answer 16

land cannot be moved. a person must go to the land

Question 17

indestructibility

Answer 17

durability - it will always be there

Question 18

Scarcity

Answer 18

In short supply where demand is great. Scarcity is usually based on geographic considerations

Question 19

Modification

Answer 19

Land use and value are greatly influenced by improvements made by man land and to surrounding parcels of land.

Question 20

Fixity

Answer 20

Land and buildings and other improvements to land are considered fixed or permanent investments - they are not liquid assets.

Question 21

Situs

Answer 21

Location preference , or location from an economic rather than a geographic stand point. (This can change over time as people change)

Question 22

The following methods of land descriptions are legal:

Answer 22

1. Metes and bounds
2. Lot, block, and subdivision
3. The rectangular survey system known as the Government survey system

Question 23

Metes and bounds

Answer 23

use terminal points and angles and always have a p.o.b. (point of beginning). This method used compass directions, degrees, and minutes. The point of beggining is also the end (sometimes called the termination point). This is the oldest and most common method of land description. Monuments, permanent surveyor markers, are often the starting point for metes and bounds description, and can be essential to the accuracy of that description. Monuments can be man made - an iron pipe or natural - a stand of timber, an old oak tree, etc.

Question 24

Lot, block and subdivision

Answer 24

are derived from a recorded map called a plat. This is the most common description used in residential listing agreements

Question 25

The rectangular survey system also known as the government survey system

Answer 25

takes into consideration base lines, and meridians, townships, and sections. Townships and sections are located in ranges.

Question 26

One township contains

Answer 26

36 sections

Question 27

Each section contains

Answer 27

640 acres, which is 1 square mile

Question 28

Each acre contains

Answer 28

43,560 square feet

Question 29

Police power

Answer 29

is the power given to a municipality to regulate and control the character and use of property for the health, safety and general welfare of the public.

Question 30

Zoning

Answer 30

is the most common example of police power. Zoning regulations are local laws to control land use. For example R-1 zoning means residential, single family only.

Question 31

A change is zoning may result in a

Answer 31

non-conforming use. This use was permissible under former rules , but new rules prohibit it. A non conforming use is allowed to continue as it is considered grandfathered. The non-conforming use is automatic, no hearing or application process is required. A non-conforming use cannot be altered or expanded without permission, but it can be sold to a party who wishes to continue the existing use. If the property is destroyed, the non-conforming use may not be rebuilt without permission. (Note - there is no violation of zoning here)

Question 32

If your property violates zoning you may request a

Answer 32

variance

Question 33

Variance

Answer 33

a variance may also be requested prior to construction. Adding on to the front of a building would usually require a variance. the process to obtain a variance is to apply to the zoning committee. A hearing will be scheduled and all neighborhood property owners will be invited to the hearing to voice any objections they might have to the variance. A variance goes with the property when the property is sold.

Question 34

Conditional use or special use

Answer 34

Can be granted by a zoning committee or deed restrictions (HOA). This use would benefit the neighborhood, like a school within a residential neighborhood.

Question 35

Another conditional use is a

Answer 35

PUD (planned unit development).

Question 36

PUD zone

Answer 36

allows for a higher population density with houses clustered together, leaving more green area open for parks and recreation. a non-profit community association is organized to provide maintenance of the common areas. An extra tax may apply to property owners in a PUD.

Question 37

Buffer zone

Answer 37

is an area of land separating on land use from another, such as residential from commercial, The buffer zone is located between incompatible uses. The buffer zone is a transitional use. Example: single family, apartments, retail. The apartments are the buffer zone.

Question 38

The government also has the right to regulate special land types for the public good including.

Answer 38

coastal properties and wetlands. Standards have been set to keep construction a set distance from protected wetlands. The space between the wetlands and constructions is another example of buffer zone.

Question 39

Police power provides the government with the right to establish building codes

Answer 39

Specific construction requirements, design, materials, safety guidelines, etc. can all be regulated.

Question 40

New construction frequently requires a Certificate of Occupancy to be issued

Answer 40

Certificate of Occupancy to be issued

Question 41

Eminent Domain

Answer 41

Is the right of the government to take private property for public use through the action of condemnation. This is the only time the government must compensate property owners.

Question 42

When an individual forces the government to buy his or her property, this is called

Answer 42

inverse condemnation

Question 43

Taxation

Answer 43

property taxes are the highest priority lien on real property. Property taxes are ad valorem taxes, or according to value. Unpaid taxes create an automatic lien on property. At foreclosure, property taxes are always paid first.

Question 44

Ad valorem

Answer 44

according to value

Question 45

Escheat

Answer 45

Property reverts to the state when someone dies leaving

Question 46

The most common private controls of land use are

Answer 46

CC&Rs - deed covenants, conditions and restrictions

Question 47

HOA or POA regulations are like deed restrictions but usually apply to

Answer 47

Condominium complexes and subdivisions

Question 48

Deed restrictions are imposed to

Answer 48

Control land use, development and methods and materials for construction

Question 49

Violations of deed restrictions can result in civil court action. Court with issue ____ to enforce the restrictions

Answer 49

Injunction

Question 50

Encumberance

Answer 50

Is a limit on a property, or a limit on a property’s owners rights, that may or may not also be a cloud on the title

Question 51

Examples of encumberances

Answer 51

• Reservation
• Encroachment
• Easement
• Dominant & Servient Estates
• Easement in Gross
• License
• Adverse possession
• Lis Pendens

Question 52

Reservation

Answer 52

Imposed by the grantor, withholds title to a part of the land described in the deed

(Example: an easement or mineral rights)

Question 53

Encroachment

Answer 53

When a structure or improvement overlaps or trespasses onto another’s property. Encroachments must be disclosed. The determination of an encroachment requires a survey

Note: a listing agent disclosed an encroachment, a buyers agent recommends a survey. In the case of an encroachment, the injured party has the right to demand the removal of the encroachment

Question 54

Easement

Answer 54

Allows limited use or enjoyment of another’s land. It is the right in land and should be created in writing and recorded. It is use without possession

Easements can be created by expression (written or verbal) or implied (by action or evidence) grant, agreement, reservation, limitation or prescription, necessity, or condemnation

The government will take an easement by condemnation for itself, the utilities or the railroads. Easements can be terminated by merger (acquiring the adjacent property), release, or abandonment

Question 55

Dominant and Servient Estates

Answer 55

If you have two parcels of land with a road across one parcel,
the owner who crosses over the other’s land is dominant. The dominant estate would be landlocked
without the easement, in most cases. The property with the road is servient to the dominant estate.
The dominant estate benefits from the easement, while the servient estate is encumbered. The most
common reason for this type of easement is entry and exit from the property. This easement is called
an Easement Appurtenant. It goes with the land, and the landowner owns the easement.

Question 56

Easement in Gross

Answer 56

Easement in Gross

Question 57

license

Answer 57

is permission to do a particular act upon the land or property of another. A theater ticket
or sports event ticket is a license that grants use of one seat for one performance. A license is similar
to an easement, but of much more limited duration. It is not a right in land. It is often given verbally
and easily revoked

Question 58

Adverse Possession

Answer 58

(squatter’s rights) occurs when property is acquired from the rightful owner
through the Statute Of Limitations. Occupancy must be hostile, visible or open, actual or notorious,
continuous and distinct for the statutory period.

Question 59

Lis pendens

Answer 59

is a recorded notice filed against a specific property, meaning that some form of lawsuit
has been filed, but not yet resolved in court. A lis pendens may become the responsibility of a new
owner, if not settled prior to closing.