CHAPTER 1 -- OWNERSHIP Flashcards
Legally and technically, property is defined as:
(A) that which is capable of involuntary transfer; (B) things with buyers and sellers; (C) rights or interests which a person has in a thing owned; (D) only personal property.
(C) rights or interests which a person has in a thing owned
How can water rights be severed?
- voluntary transfer
- condemnation
- prescription
The owner of land owns riparian rights to water on, under, or adjacent to the land in which of the following?
(A) oceans and bays; (B) rivers or streams; (C) underground caves with water; (D) all of the above.
(B) rivers or streams
When an owner acquires land which includes riparian rights, such riparian rights:
(A) give the owner absolute ownership of the water; (B) must be expressed in the trust deed; (C) may be determined accurately from an examination of public records at the County Recorder’s Office; (D) concern the use of moving water, such as a steam or brook within the watershed.
(D) concern the use of moving water, such as a steam or brook within the watershed
What does M-A-R-I-A stand for in regards to fixtures?
M - Method of attachment A - Agreement between the parties R - Relationship of parties I - Intention of parties A - Adaptability of the object
Are business opportunities real or personal property?
Business opportunities are PERSONAL property.
How is personal property transferred?
With a Bill Of Sale.
Who needs to sign a Bill Of Sale?
The seller must sign a Bill of Sale.
What are the name of crops which must be planted annually (i.e.: they do not produce fruit every year)
Emblements
What is usually considered real property?
(A) Crops which have been harvested; (B) minerals which have been mined; (C) stock in a mutual water company; (D) growing crops which have been sold.
(C) stock in a mutual water company
Which of the following would be considered real property?
(A) a built in refrigerator in a mobile home not attached to a permanent foundation; (B) trade fixtures installed by a tenant but which are removable without damage; (C) a mature grape crop which is under a sales contract and to be harvested later; (D) a load bearing wall in a single-family house.
(D) a load bearing wall in a single-family house
When the owner of a parcel of land cuts down a tree, it becomes personal property by the process of:
(A) Annexation; (B) mobility; (C) severance; (D) fixation
(C) severance
What are the two main types of encumbrances?
Money (liens) and Non-Money encumbrances
Is a homestead an encumbrance?
No. A homestead is not an encumbrance.
What are the two types of money encumbrances (liens)?
Voluntary (loans, trust deeds, mortgages) and In-Voluntary (mechanic’s liens, judgement liens), Specific (having to do with a particular property), General (burdens on any and all property of the owner in the county they are recorded)
What’s another name for a lien?
A charge against the property
What needs to happen for a mechanic’s lien to be valid?
It must be verified and recorded.
How long do you have to submit a Notice of Non-responsibility after obtaining knowledge of an improvement?
10 days
Which of the following is not an encumbrance?
(A) a lease; (B) an easement; (C) a lien; (D) a homestead.
(D) a homestead
An owner employed Super Construction Co. to install a swimming pool at their home. If the pool company was not paid and it was necessary for them to file a lien for payment of the contract, the encumbrance created would be:
(A) a specific lien; (B) a general lien; (C) a voluntary lien; (D) none of the above.
(A) a specific lien
Each of the following are specific liens EXCEPT:
(A) judgement liens; (B) property tax liens; (C) attachment liens; (D) mechanic liens.
(A) judgement liens
Which of the following affect the filing of the mechanics lien?
(A) notice of non-responsibility; (B) date of completion of the project; (C) date of cessation of labor; (D) all of the above.
(D) all of the above
How many days does a contractor have to file a mechanic’s lien if a notice of completion is not recorded?
90 days after completion of the work to the approvement
How long is a lis pendens effective?
(A) 1 year; (B) 2 years; (C) 5 years; (D) as long as the litigation is pending.
(D) as long as the litigation is pending.
Does a lis pendens need to be recorded?
Yes, a lis pendens needs to be recorded.
How is an attachment lien created?
By recording a writ of attachment, which creates a lien on the property.
What is the purpose of an attachment lien?
Legally holds real property to ensure it will be available to satisfy a judgement in a lawsuit.
How is a judgement lien created?
An abstract of judgement is recorded.
How long is a judgement lien valid?
A judgement lien is valid for ten years.
How does a court order the sale of a property to satisfy a judgement lien?
With a writ of execution, satisfied by a sheriff’s sale.
What are the three types of non-money encumbrances?
Easements
Encroachments
Restrictions
Which of the following is true concerning a lis pendens?
(A) a lis pendens can only be removed by a court order; (B) a lis pendens can be recorded against real property no matter what type of lawsuit is pending; (C) a lis pendens may affect title to real property based on the results of the lawsuit; (D) none of the above.
(C) a lis pendens may affect title to real property based on the results of the lawsuit
Which of the following would be classified as a lien?
(A) a notice to pay or quit; (B) an attachment; (C) a recorded declaration of homestead; (D) all of the above.
(B) an attachment
All of the following significantly impact the physical use of real property EXCEPT:
(A) an increase in the front setback requirement; (B) CC&Rs; (C) deed restrictions; (D) specific liens.
(D) specific liens
What are the three ways that an easement can be created?
- Express grant (granted by servient tenement)
- Reservation (i.e.: created during creation of subdivision)
- Prescription (5 years open, notorious use)
Can a tenant grant an easement?
Yes, but it will only last for the duration of the lease.
What are the four ways to terminate an easement?
Express release - dominant tenement signs quitclaim deed
Merger - The two properties become one
Non-use of a prescriptive easement for five years (only prescriptive)
Destruction - of the servient tenement
How long does a property owner have to sue a neighbor for an encroachment to have it removed?
3 years
Gregory, who does not own any land in the area, has an easement to cross land owned by another person. This easement can be described as:
(A) an appurtenant easement; (B) an easement in gross; (C) a non-occupied easement; (D) a license.
(B) an easement in gross
All of the following terminate easements, EXCEPT:
(A) destruction of the servient tenement; (B) merger of the dominant and servient tenement; (C) non-use for five years of an easement by express grant; (D) express release by the owner of the dominant tenement.
(C) non-use for five years of an easement by express grant
Upon moving into the home they had recently purchased, Mr. and Mrs. Katz discovered that their neighbor had built a wall which encroached onto their property by three feet. When they purchased the home, they received a standard coverage title insurance policy. If a friendly settlement cannot be negotiated, who will Mr. and Mrs. Katz sue?
(A) the title company; (B) the previous owner in the chain of title; (C) the neighbor, because the encroachment is a trespass; (D) the neighbor, if the encroachment has been in place less than five years.
(C) the neighbor, because the encroachment is a trespass
An occupant violated the CC&Rs of the homeowners association. The remedy for the breach of a condition is:
(A) less severe than the violation of a covenant; (B) more severe than the violation of a covenant; (C) the same as a breach of covenant; (D) not related to the CC&Rs.
(B) more severe than the violation of a covenant
Mr. Hayward has been burning leaves on his front lawn in violation of the CC&Rs of his subdivision. His neighbors have filed a lawsuit and have received a court order, ordering Mr. Hayward to stop burning the leaves. That court order would be called:
(A) a lis pendens; (B) an attachment lien; (C) an injunction; (D) a writ of habeas corpus.
(C) an injunction
An apartment building which was built prior to the enactment of a zoning ordinance prohibiting apartment units within the area where a building is situated is called:
(A) a variance; (B) a violation of the applicable general plan; (C) a non-conforming use; (D) in violation of the zoning law.
(C) a non-conforming use
If zoning conflicts with deed restrictions, what prevails?
The more restrictive of the two controls. “The most restrictive restriction restricts you.”
What is the name of an estate of indeterminable duration?
A freehold estate
What are the two main types of freehold estates?
Fee simple estate and life estate
What are the two types of fee simple estates?
- Fee simple absolute (the highest and greatest interest in real propertry)
- Fee simple defeasible (there are conditions/limits on the use of the property)
What are the four other names for a fee simple estate?
estate of inheritance
perpetual estate
estate in fee
fee estate