Property owner ship Flashcards
An ALTA policy protects beyond a CLTA policy by protecting what
The location or property lines according to a formal survey
By the use of police powers, the general plan can be implemented by all, except:
adopting a retroactive zoning ordinance
Which of the following is not a lien?:
a. property taxes
b. a judgement
c. an encroachment
d. a mortgage
an encroachment
*An encroachment is a building or improvement that extends over the boundary line and onto a neighbor’s property without their permission.
Who enforces the State Housing Act?:
building inspector
When purchasing a property in a California land project, how much time is the buyer given in order to cancel their transaction and be entitled to a refund?:
14 calendar days
Zoning laws are based upon the legitimacy of the:
established right of police power and government.
The Williamson Act was created in 1965 to benefit:
farmland owners by providing them with lower property taxes
A title company representative would be familiar with an “abstract of title clause.” This is:
a written summary of change of ownership or claim on the property being examined
A lien can be created by recording what
a mortgage
Mrs. Willis contracted Top Notch Roofing to place a new tile roof on her single family home. If for some reason Mrs. Willis refused to pay the bill for the work done, Top Notch Roofing could file a lien for the payment due. What is the name of the encumbrance that would be created by taking such action?
specific lien
A city’s master plan would include:
a. any or all of these
b. water and utilities
c. commercial, residential, and recreational zones
d. the ability to develop a better traffic flow system
a. any or all of these
What do a landlord owned apartment building and a condominium have in common?:
occupants of both have an estate in real property.
A lien that has been created by court action and covers all of the debtor’s property in the county where it was recorded is called:
a general lien
What type of estate is of “indefinite duration”?
estate of inheritance
What is the difference between a judgment lien and a mechanics lien?:
Mechanics liens may take priority, much earlier than when they are recorded
hree years into a 20 year lease, the lessor and the lessee both agree to terminate the lease and no further payment is asked. This action is this known as:
surrender
What is the procedure when imposing restrictions on a new subdivision development?:
Record the restrictions with the county recorder with reference to the deed and each parcel
The disclosure for California’s Energy Conservation has a provision that newly constructed homes must disclose their:
R-Value of insulation
Any judgment lien that is recorded against a property would be:
an involuntary lien
- Any judgment lien is involuntary.
An easement and a license differ in that a license:
can be revoked or cancelled
Which of the following situations would not cause a building to be declared substandard?:
The electrical wiring is working properly and when it was originally installed, it complied with laws. However, it does not comply with current electrical building codes.
Why would an architect have a plot map drawn?:
To guide construction, placement, and related improvements to the property
In a condominium the sidewalks are:
a common area
How is real property different from personal property?:
Real property is immovable by law, while personal property is movable
What is the primary job of the State Board of Equalization?
appraises public utility properties for tax assessment
An electrician installed ceiling fans in a brand new construction home and was never paid for the work, therefore the electrician filed a mechanics lien. When would the priority of his claim commence?:
The date construction started on the new home
The Reza family has owned and operated a silver mine that is on federal land for over 150 years. The only way into the mine is using a road that crosses an adjoining piece of land that has recently been sold to a new owner. The new owner took possession of the land, quickly fenced off the property, and locked the gates to the road. What should the Reza family do?
File a quiet title suit against the new landowner and secure their rights to access their land
The local government has the right, under law, to control land use including:
a. rules for repairs
b. zoning ordinances
c. all of these
d. allowance for building removal
all of these
What is it called when changes are made to the style, form, function and layout of a single family home in order to correct functional obsolescence?
remodeling
Who typically establishes deed restrictions?
The grantor in the deed
Of the following, which is not an example of police power?:
deed restrictions
What is not a characteristic of an easement?
The interest can be terminated anytime by the owner of the land
A lessee rents a building from January 1 2015, through March 31, 2015. What type of tenancy would this be considered?:
estate in years
The Commissioner’s public report is there to protect the purchaser. A subdivider cannot enter into a binding contract with a buyer unless or until:
the buyer has had the opportunity to review the final public report and acknowledges receipt of the report
What is an instrument that transfers the possession of real property but not the ownership?:
a sublease
Encumbrance is best defined as:
anything that affects the free use of real property
How many years is an attachment lien effective for?:
3 years
The right to possess, use, transfer, enjoy, and dispose of something describes:
ownership
Derrick conveyed his tangerine grove to Herold using a land contract. The grove was serviced by a mutual water company. Derrick was a stockholder in that water company. The stock that Derrick owned was appurtenant to the land. Does Herold have to have an additional contract for the stock of the water company?
No, because the stock is appurtenant to the land so it’s part of the real property, therefore it is part of the land contract
After the public records are searched on real property, a document is written providing information regarding the findings from the search. This is known as:
an abstract of title
Of the following, which is not a test for a fixture?
time of attachment
When a judgment has been levied against real property, which of the following would have to be done to force the sale of the property?
a writ of execution
What is the name for the clause in a junior lien that allows for the first lien to be refinanced without losing its priority position?
subordination clause
A “turnkey project” refers to:
a construction project that is ready to be occupied
What type of lease would you have if the amount of rent due is based on the gross sales of a business?
percentage lease
What is the best way to describe a fee simple estate?:
The highest interest someone can have in real property
What is the most popular form of title coverage that most buyers purchase?:
a standard policy
Malika bought 20 lots in a local subdivision and there was a clause that stated “a buyer may not post a ‘for sale’ sign to sell their individual lot until the subdivider has sold out all of the remaining lots”. Malika can:
put up a sign. Such clause is void by law
A history that shows the chain of custody, conveyances, and encumbrances is known as the:
chain of title
The Real Estate Commissioner issued his final public report for Ocean Run Estates, a subdivision located in Santa Monica, California. Which material change could be asked of Ocean Run Estates by the Real Estate Commissioner?
the size of the lots
- The size of the lots would be a material change.
Under the subdivision law which is enforced by the DRE, all of the following could be defined as blanket encumbrances except:
property tax on real property
If a zoning law permits property to be used in a certain way, but the deed contains restrictions and use limitations, which prevails?:
deed restrictions
What is a joist when referring to house construction?:
parallel
A joist is a parallel beam that is installed to support celling and floors.
What use does an elevation sheet have in a new subdivision?:
A drawing that shows the front and side views of the finished homes.
Before a subdivision can go to sale, the subdivider must be able to show proof to the Real Estate Commissioner that:
the parcels of land can be used for the stated purpose.
A city’s master plan would include:
a. commercial, residential, and recreational zones
b. any or all of these
c. water and utilities
d. the ability to develop a better traffic flow system
any or all of these
An electrician installed ceiling fans in a brand new construction home and was never paid for the work, therefore the electrician filed a mechanics lien. When would the priority of his claim commence?
The mechanic’s lien dates back to when work began on the “scheme of improvements,” which in this case is the start of work on the new house.
Who would be responsible for the enforcement of sanitation and sewage disposal from a subdivision?:
the health officer
The use of police power allows the dividing of a city into areas known as:
zoning
How would a title company search for title information on a particular property?:
a. county clerk’s office
b. federal land office
c. county recorder’s office
d. all of these
all of these
The “R-value” refers to the effectiveness of insulation. What does the “R” stand for?:
resistance to heat flow
Land that has riparian rights benefits from what types of water?:
rivers, streams, watercourses
Which of the following easements is the easiest to terminate for non-use?
easement by prescription
Who does the Uniform Commercial Code, Division 6 (which pertains to bulk sale transfer of business goods) primarily protect?
creditors
All of the following are considered real property, except:
a. a grove of peaches that are unpicked
b. water residing underground
c. leasehold estates in residential properties
d. easements
leasehold estates in residential properties
Who could initiate a change in zoning?;
a. All of the above
b. Local property owner
c. The local government, including the zoning board
d. A developer
All of the above
Janice held a life estate of a single family residence. The estate is based upon her own life. Janice then leased the residence to Ken for a 4-year period. Unfortunately, Janice dies soon after the lease was signed. In this case the lease is:
valid only during the life of the lessor
Linda bought a piece of property and purchased a standard title policy. Of the following, which is Linda not protected against?:
easement and liens on the property that are not revealed on public records
Planning, zoning, and government land use are all examples of:
police power
Which of the following would be considered a “constructive eviction” ?
a. The property became uninhabitable after alterations to the unit by the landlord
b. Failure to repair property that was damaged by improper care from the tenant
c. None of these
d. The tenant turned off the utilities in the winter
The property became uninhabitable after alterations to the unit by the landlord
The policyholder of a California standard policy of title insurance is insured against a loss that may occur due to:
Forgery in the chain of title
Who would be responsible for the paved streets, utilities, curbs sidewalks and drain gutters in a new subdivision?:
the developer
How can an easement on real property be cancelled or terminated?
a release signed by the owner of the dominant tenement
The following are ways to determine if something is either personal property or real property, except:
a. how it is installed
b. cost of the item
c. arrangements between parties
d. relationship of the parties
cost of the item
Why would an architect have a plot map drawn?:
To guide construction, placement, and related improvements to the property
The government has the right, under law, to control land use including:
all of these