Key Content (Ch.1) 16%

Question 1

The right to possess and use property includes the right to;

Answer 1

occupy
sell or dispose
encumber
lease the property

Question 2

Classes of property;

Answer 2

Real estate (real property)
Personal property (chattel)

Question 3

Real Estate

Answer 3

Immovable and illiquid

Question 4

Personal Property

Answer 4

Movable

Question 5

Both real and personal property can be used as____for a loan

Answer 5

collateral

Question 6

Personal property is transferred by a _____signed by seller

Answer 6

Bill of sale

Question 7

Search of public record will ____show title to personal property but will for ____

Answer 7

NOT; real estate

Question 8

Bundle of Rights

Answer 8

Go with land and are real property

Question 9

Appurtenances

Answer 9

incidental rights in adjoining property, such as crops/ fruit trees are real property as well

Question 10

Physical Components of real estate

Answer 10

Land
Anything affixed to land (fixture)
Anything appurtenant to the land
Anything that cannot be removed from the land by law

Question 11

Fixtures Test

Answer 11

M-method of attachment
A-agreement of the parties
R-relationship of the parties
I-intention of parties
A-adaptability of fixture

Question 12

Trade Fixtures

Answer 12

used to render services or make products for the trade or business of a tenant(always personal property)

Question 13

Land

Answer 13

The primary component of real estate; includes 
Soil
Rocks
Other earth materials
Reasonable air space above earth

Question 14

Improvements

Answer 14

structures built upon land (residential and commercial properties)

Question 15

Improvements consists of the following;

Answer 15

Foundations
Framing
Roofing (HIP)

Question 16

Types of framing consist of;

Answer 16

joists (horizontal)
studs(vertical)
rafters(angled to roof beam)

Question 17

Easements

Answer 17

The right to enter or use another’s land as an encumbrance on their title.

Question 18

Dominant Tenement

Answer 18

Benefits form the easement

Question 19

Servient Tenement

Answer 19

burdened by the easement

Question 20

Types of Easements

Answer 20

Prescriptive (access gained through use)
Appurtenant (right to use property due to interest held in burdened real estate)
In Gross (belongs to individual rather than land as their personal right in the burdened  real estate)

Question 21

Encroachments

Answer 21

Trespass on a neighbors property (tree roots)

Question 22

Restrictions

Answer 22

Created by deed such as CC&Rs in a community governed by homeowners association

Question 23

Types of leasehold agreements

Answer 23

Periodic Tenancy (month to month rental)
Estate for years (lease with fixed term and termination date)
Estate at sufferance (holdover of a property beyond the expiration of lease)
Estate at will (continued occupancy beyond lease term)

Question 24

The owner in a _____estate wons the fee title to a parcel of real estate.

Answer 24

freehold

Question 25

Condominium

Answer 25

Legal form of ownership rather than a building design. Defined as airspace.

Question 26

PUD

Answer 26

Planned Unit Development ; generally contain a shared common area.

Question 27

Leasing parties;

Answer 27

Lessor (owner of real estate)

Lessee (the tenant)

Question 28

Double EE’s refer to a person_____

Answer 28

recieving

Question 29

A lease in excess of _____year must be in ____to be enforceable.

Answer 29

1; writting

Question 30

Items that must be in written lease;

Answer 30

Termination date
Rental Amount
Name of the parties involved
Description of the property

Question 31

Leases must be signed by the ____, a copy must be given to lessee within____days.

Answer 31

Lessor; 15 (Agricultural leases cannot exceed 51 yrs, urban limited to 99yrs)

Question 32

Transfer of a lease may occur by;

Answer 32

Sublease (retains interest in other lease)

Assignment of Lease (all rights and possessions passed down)

Question 33

3 baseline and meridian systems in CA;

Answer 33

Humbolt (north)
Mt. Diablo (central)
San Bernarndino (south)

Question 34

Metes and Bounds

Answer 34

set forth all the boundary lines together with their terminal points and angles

Question 35

PETE

Answer 35

Authority of CA to regulate realty activities;
Police Power
Power of eminent domain-(aka condemnation, to the 5th amendment)
Power of tax
Escheat

Question 36

____and ____relate to government control of real estate development.

Answer 36

Zoning; building codes

Question 37

Suddivided Lands Law protects fraud in the sale of property of ___ acers or less

Answer 37

160

Question 38

Negative Declaration

Answer 38

(think blood test) means a subdivision does NO harm to the environment

Question 39

Flooding is considered ____ when it occurs more often than once every ___ years.

Answer 39

frequent; 10

Question 40

Surface Water

Answer 40

Consisting of watercourses, lakes, springs, marshes, and any other water flowing over the SURFACE of the earth (riparian rights)

Question 41

Ground Water

Answer 41

Consisting of percolating, subterranean bodies of water located in underground basins. (overlying rights)

Question 42

Alluvium

Answer 42

The boundary of a property that has changed due to the relocation of a river or stream.

Question 43

Accession

Answer 43

The physical addition to property through man made efforts or by natural forces.

Question 44

Accretion

Answer 44

Accession by natural forces only.

Question 45

Avulsion

Answer 45

The gradual increase of the earth on a shore of an ocean or bank of steam resulting from the action of the water

Question 46

Reliction

Answer 46

the gradual recession of water leaving land permanently uncovered

Question 47

Littoral Rights

Answer 47

The property rights of a property bordering a pond, lake or ocean.