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California Real-Estate 2020 > Property Ownership / Land Use Controls > Flashcards

Property Ownership / Land Use Controls Flashcards

1
Q

All property other than real estate is known as…

A

personal property (chattel)

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2
Q

Real estate consists of three things:

A

land, improvements, and rights

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3
Q

Rights include:

A

surface, subsurface, air, ownership - Possession; Use; Encumber (collateral); Dispose; Exclude

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4
Q

If a seller is taking a fixture…

A

it must be excluded from the purchase agreement

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5
Q

Land cannot be sold quickly -

A

it is not considered a liquid asset (30-45+ days)

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6
Q

When articles of personal property are permanently attached to the improvements…

A

they become fixtures.

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7
Q

Tests for a fixture:

A

Method of attachment; Adaptability (pool cover); Relationship to the parties; Intent; Agreement between parties

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8
Q

Before a new building can be inhabited, what is needed?

A

A Certificate of Occupancy - Building inspector will issue a certificate of occupancy allowing new owners to move in.

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9
Q

Permission to vary from strict compliance with zoning requirements may be obtained in the form of a…

A

Variance

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10
Q

When a previously established use does not comply with the requirements of a new zoning ordinance, it may be allowed to continue as a…

A

nonconforming use. Property owner grandfathered under nonconforming use may not enlarge improvements and cannot rebuild if improvements are destroyed.

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11
Q

Townships, sections, and meridians are used in the…

A

rectangular (government) survey form of legal description. (Used by the US government to locate parcels of land within a grid system).

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12
Q

A legal description that uses compass degrees is…

A

metes and bounds. Used for irregular lots.

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13
Q

The type of legal description used in most urban areas is…

A

lot, block, and subdivision. Plat map - showing location & boundary of individual lots in a land subdivision is used in this system.

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14
Q

A buffer zone may be used to separate…

A

two incompatible zoning uses. I.e., commercial - residential.

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15
Q

Real estate and fixtures are transferred with…

A

a deed.

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16
Q

Personal property is transferred with…

A

a bill of sale.

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17
Q

If the buyer is keeping the seller’s personal property,

A

it must be included in the purchase agreement.

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18
Q

A section is…

A

640 acres.

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19
Q

A survey would:

A

establish boundaries; create legal descriptions; find encroachments (intrusions).

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20
Q

Real estate is bought and sold based on…

A

property descriptions (legal descriptions).

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21
Q

The definition of real estate includes:

A

land, improvements, rights.

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22
Q

All the following are true about fixtures:

A

typically start as personal property; if the seller is going to keep it, it must be excluded in the purchase agreement; the intention, attachment, adaptation, and agreement.

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23
Q

A developer bought a 100-acre parcel to subdivide into one-acre home sites. What legal description would BEST achieve the developer’s objective?

A

Lot and block - subdivided (recorded) plat.

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24
Q

Land-use classifications established by municipal zoning:

A

Residential; Commercial; Industrial/Manufacturing; Agriculture; Mixed use (likely to have buffer zone).

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25
Q

The method of legal description using a grid of ranges and tiers is called:

A

government survey. Established sections, townships and ranges.

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26
Q

After completing the plat map, the developer’s next step is to…

A

record the plat map. The lots can then be sold and building permits pulled.

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27
Q

Nonconforming use is a term used in reference to property that…

A

doesn’t comply with current zoning requirements but may have been grandfathered in.

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28
Q

A light industrial plant has been operating in compliance with its zoning classification. After a zoning change to single-family residential use, the owners of the industrial plant are permitted to…

A

continue the present use as long as that use is not enlarged or expanded.

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29
Q

At which level are zoning restrictions set?

A

Local

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30
Q

Municipalities require submission of blueprints and construction plans before issuing a building permit in order to:

A

provide evidence of compliance with building codes and other local regulations.

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31
Q

A municipality has authorized the improvement of a particular property in a manner NOT authorized by the zoning ordinance. This is an example of a…

A

variance.

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32
Q

What method of legal description uses plat maps?

A

Lot and block.

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33
Q

A tenant installed shelving as a part of her business. At the conclusion of the lease, the tenant…

A

may remove the shelving and is not required to reimburse the landlord, unless there are damages.

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34
Q

An area of land that separates two drastically different land use zones is a…

A

buffer zone.

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35
Q

The distance that a zoning ordinance requires between a property’s boundaries and its improvements is a…

A

set back.

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36
Q

A method of property description using monuments, distances, and compass directions is the…

A

metes-and-bounds method.

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37
Q

The legal description of land that uses townships and sections is:

A

rectangular survey.

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38
Q

The principle of the doctrine of prior appropriation determines:

A

which user’s water rights have priority.

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39
Q

Which of the following concepts would allow an owner to deviate from zoning regulations and run a day care center in her home in a neighborhood that is zoned residential?

A

Special use.

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40
Q

The document confirming that a new building has met all the minimum building standards and is the final regulatory step in the process of offering new construction for sale is called a:

A

certificate of occupancy.

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41
Q

A buyer wants to use a residential property for a small business. Before closing, the buyer should:

A

check the zoning to determine if the intended use is allowed.

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42
Q

A plat is defined as:

A

A document used to record a subdivision of land. Shows the location and boundaries in subdivision.

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43
Q

Mineral rights are…

A

often held by a third party. The seller could retain the mineral rights and sell them separately from the surface rights.

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44
Q

Fixtures are…

A

personal property that are attached to improvements.

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45
Q

Real property is:

A

the land, anything affixed to the land, rights and interests in the land. It is conveyed by a deed - transfer of property ownership.

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46
Q

Personal property includes:

A

items not attached to the land, may or may not be conveyed when the property is sold. Each item is listed in and conveyed by a bill of sale.

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47
Q

Rights and interests in the land include:

A

air rights, water rights, mineral rights, oil and gas rights, and support rights.

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48
Q

Improvements may be:

A

Natural (growing); or man-made (fixtures). Personal property attached to the improvements becomes a fixture. Land is not classified as a fixture.

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49
Q

The tests for distinguishing fixtures from personal property are based on determining the intent of the parties. The tests include:

A

Method of attachment; Adaptation of the item to the property; Relationship of the parties; Intent and Agreement - provisions in a written agreement.

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50
Q

Land has physical and economic characteristics that…

A

help determine the value. Location, scarcity, improvements, and are preference all are used to help determine the value of a parcel of land.

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51
Q

A potential disadvantage of real-estate:

A

Not a liquid asset

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52
Q

All valid deeds must contain:

A

A legal description of the land being conveyed.

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53
Q

Three major types of legal descriptions:

A

Metes and bounds; rectangular (government) survey; recorded plat.

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54
Q

The metes and bounds method describes land:

A

by a series of measurements and boundaries. It starts at a defined “point of beginning” and then describes the boundaries of the parcel until an enclosed tract of land has been described. Goes clockwise.

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55
Q

The rectangular (government) survey describes land:

A

by reference to a system of grids. A series of ranges, tiers and townships relative to a principal meridian and a base line are used to locate the property.

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56
Q

The recorded plat method (aka: lot and block OR subdivision plat method) describes the land:

A

by referring to a lot number on a plat map that has been filed and recorded with the county recorder. Because the plat map contains a detailed description of the land, simple reference to the plat map is sufficient.

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57
Q

A survey may be used to:

A

establish and find property boundaries. They also identify encroachments.

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58
Q

The purpose of land use controls is to:

A

alleviate problems caused by haphazard unplanned growth of urban areas, and to promote more rational development in the future.

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59
Q

Zoning laws are meant to:

A

protect the health and safety of the community’s inhabitants.

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60
Q

Buffer zones:

A

are used to separate areas with incompatible uses.

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61
Q

Zoning ordinances:

A

are set at a local level and may be amended. A zoning amendment must be justified by the needs of the community.

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62
Q

A nonconforming use is a:

A

pre-existing use that was already legally in place when a new zoning ordinance came into effect and now doesn’t comply with the requirements of the new law.

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63
Q

Although nonconforming uses are generally allowed to remain,

A

they may be subject to certain restrictions. A nonconforming use usually cannot be rebuild if it is destroyed.

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64
Q

A variance is:

A

permission to build a structure or use property in a way that would not otherwise be allowed. Usually granted when strict compliance with the zoning ordinance would cause undue hardship to the property owner (i.e., deck).

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65
Q

A zoning authority can issue:

A

conditional use permits (special use permits) for uses that would ordinarily not be allowed in a zone (i.e., nursery at home).

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66
Q

Buyers should call the local zoning department to…

A

verify that the use they anticipate for the property is allowed.

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67
Q

The purpose of building codes is to:

A

protect the public health and safety.

68
Q

Building codes set:

A

minimum standards for construction materials, plumbing, electrical codes and the structural integrity of a building.

69
Q

A building permit:

A

must be granted before construction can begin.

70
Q

A certificate of occupancy:

A

will be issued once the building is complete and a final inspection verifies that the builder has complied with the codes.

71
Q

Real property includes:

A

land + appurtenances that benefit the land.

72
Q

Appurtenances are:

A

attached to and run with the land.

73
Q

An example of an appurtenance is:

A

stock in a mutual water company, which is a way to provide water to property owners who many not have access otherwise.

74
Q

Shares of stock are issued to the real property owners, and…

A

the amount of water they receive is based on the amount of stock they possess.

75
Q

Real property owners may:

A

create and operate a corporation to supply water to their land.

76
Q

The government controls water rights and grants permits for the beneficial use of water, such as irrigation, under:

A

the doctrine of prior appropriation. “First in time, first in right” - in response to scarcity of water. Following priority dates.

77
Q

Water rights: “Riparian rights”:

A

(R = river) flowing water; everyone owns it.

78
Q

Water rights: “Littoral rights”:

A

(L = lake) standing water; own up to the waterline

79
Q

Accession:

A

addition to land through accretion (natural) or attachment (manmade) causes.

80
Q

Avulsion:

A

sudden loss of land through natural causes.

81
Q

Erosion:

A

gradual loss of land through natural causes.

82
Q

The owner of a water right would not have the right to cross another’s property and would need to obtain:

A

an easement.

83
Q

Foreclosure:

A

title is transferred by operation of law.

84
Q

Principal meridian and Range lines are:

A

vertical. (Range lines are east and west of meridians.)

85
Q

Base line and township or tier lines are:

A

horizontal. (Township or Tier lines are north and south of base line.)

86
Q

A township is:

A

6 miles x 6 miles (6 miles square) or 36m2

87
Q

An acre contains:

A

43,560ft2 (“7/11”)

88
Q

Plat maps are most common in:

A

urban residential areas.

89
Q

Master (comprehensive or general) development plan, developed and implemented by local councils are:

A

Land surveys - show the present and future use of properties.
Economic surveys - show the present and future economic base of the area.
Master development plans - used to control growth.

90
Q

During the days of Spanish rule, all land was owned by:

A

the crown.

91
Q

The Treaty of Guadalupe Hidalgo ended:

A

the war with Mexico.

92
Q

Real Estate Law, which relies on court decisions as well as legislation, is based on:

A

English common law.

93
Q

Land disputes over the Spanish and Mexican land grants were settled by:

A

the Board of Land Commissioners.

94
Q

In California, the term real estate is synonymous with:

A

real property.

95
Q

Real property is NOT:

A

moveable.

96
Q

The sale of real property generally is governed by the laws of:

A

the state where the real property is located.

97
Q

The sale of personal property generally is covered by the laws of:

A

the state where the owner of the property resides.

98
Q

In California, the Uniform Commercial Code governs sales transactions involving:

A

bulk sales of goods.

99
Q

For real estate to be conveyed, there must be an accurate:

A

legal description.

100
Q

A subdivision map is:

A

a good reference for a legal description.

101
Q

The MOST useful method of describing a subdivision parcel is probably:

A

the lot and block system.

102
Q

The rectangular survey system is also called:

A

the US government survey system.

103
Q

California has how many principal baselines?

A

Three - Humboldt Baseline; Mt. Diablo Baseline; San Bernardino Baseline.

104
Q

A township consists of how many sections?

A

36 sections.

105
Q

A section is:

A

640 acres.

106
Q

Math concept: calculating total area of a parcel using “of the”

A

0.5 x 0.5 x 0.25 x 0.25 (example) x 640acres = size of parcel = 10 acres.

107
Q

Math concept: calculating total area of a parcel using “and”

A

0.5 + 0.25 x 640 = 480 acres.

108
Q

1 foot =

A

12 inches

109
Q

1 yard =

A

3 feet or 36 inches

110
Q

1 acre =

A

43,560 square feet (7/11)

111
Q

1 miles =

A

5,280 feet

112
Q

Sections in a Township run:

A

6,5,4,3,2,1 / 7,8,9,10,11,12 / 18,17,16,15,14,13 / 19,20,21,22,23,24 etc

113
Q

Every four townships north and south of the BASELINE:

A

a CORRECTION LINE is measures at the full interval (six miles) for that side of each township it borders.

114
Q

Every four townships east and west or the PRINCIPAL MERIDIAN:

A

a GUIDE MERIDIAN establishes the full interval of six miles for that side of each township it borders.

115
Q

Range lines run:

A

horizontally up and down.

116
Q

Tiers run:

A

vertically left and right.

117
Q

Examples of appurtenance:

A

easements, rights of way, condo parking spaces.

118
Q

Cultivated crops are:

A

Emblements and they become personal property when harvested. Considered part of the land before harvesting.

119
Q

Crops produced by human labor (lettuce, cotton, grapes etc) are called:

A

Fructus industriales.

120
Q

Naturally occurring plant growth (grasses)

A

Fructus naturales.

121
Q

Angle of measurement in metes and bounds description is based on…

A

the degree of deviation from either north or south.

122
Q

Most deeds show:

A

legal description; APN - tax assessor’s parcel number; AKA street address.

123
Q

Metes and bounds uses natural or manufactured

A

monuments, angles of measurement and distances to describe property.

124
Q

The rectangular survey system uses a grid-like division of land area into:

A

townships set in tiers and ranges along geographical dimensions called meridians and baselines. Townships are divided into sections which are further divided into fractional parts.

125
Q

The lot and block system uses:

A

the subdivision map. which shows streets and lot dimensions.

126
Q

Land-use policies and goals are established through:

A

the general plan.

127
Q

The general plan must consider:

A

housing at all income levels.

128
Q

Planning for future development dow NOT include consideration of:

A

Contractors’ License Law.

129
Q

Zoning ordinances are an exercise of a government’s:

A

police power.

130
Q

A property owner deprived by a zoning ordinance of the privileges enjoyed by owners of other property in the vicinity may apply for:

A

a variance.

131
Q

Land may be subdivided for purposes of:

A

sale, lease, financing.

132
Q

The Subdivided Lands Law applies to subdivisions of land into:

A

5 or more parcels.

133
Q

An out-of-state subdivider of California land:

A

must procure a public report.

134
Q

A standard subdivision includes:

A

no common interest.

135
Q

A subdivision consisting of individually owned lots as well as areas owned in common is:

A

a planned development.

136
Q

A subdivision consisting of individual ownership of airspace and areas owned in common is:

A

a condominium project.

137
Q

A corporation holds title to property and shareholders having a right of occupancy to part of the property own the corporation in:

A

a stock cooperative project.

138
Q

The subdivision public report is issued by:

A

the Real Estate Commissioner.

139
Q

A final subdivision public report has an initial term of:

A

five years.

140
Q

The Subdivision Map Act allows:

A

local jurisdictions to determine whether a subdivision is desirable.

141
Q

A “proposed subdivision” is covered by:

A

the Subdivided Lands Law.

142
Q

Disclosure of the fact that property is located in a special studies zone must be made by:

A

the real estate agent who represents the seller.

143
Q

Discrimination in housing is prohibited by:

A

both state and federal laws.

144
Q

A homeowner whose property is exempt from the requirements of the Federal Fair Housing Act will still be subject to:

A

the 1866 Civil Rights Act.

145
Q

The broadest prohibition against all forms of discrimination in the sale of residential real estate is found in:

A

California law.

146
Q

California’s Fair Employment and Housing Act (FEHA):

A

prohibits discrimination in employment, training, compensation based on race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of any person. (Government Code Section 12940).

147
Q

File complains alleging discrimination with the:

A

California Department of Fair Employment and Housing.

148
Q

The Civil Rights Housing Act of 2006:

A

extends protection of FEHA to all California laws prohibiting discrimination in housing and housing-related areas, including real estate licensure, mortgage lending, membership in clubs established by condominium homeowner associations and mobile home parks, development projects and community redevelopment.

149
Q

The Unruh Civil Rights Act:

A

prohibits discrimination in accommodations and business establishments and now includes all of the protected classifications that appear in FEHA.

150
Q

Redlining:

A

the practice of rejecting real estate loan applications because of the location of the property involved.

151
Q

California’s Housing Financial Discrimination Act:

A

prohibits all financial institutions from discrimination in real estate loan decisions based on the geographic location, the neighborhood, or another characteristic of the property, unless such a decision can be shown to be based on sound business practice.

152
Q

Government may take all or some of the rights of ownership from private individuals by exercising its:

A

power of eminent domain.

153
Q

Compensation to individuals when property is:

A

taken through the process called condemnation. (When buildings are town down to make way for highway expansion.) Fair market value is paid to compensate.

154
Q

Inverse condemnation:

A

a proceeding brought by a landowner when government puts nearby land to a use that diminishes the value of the owner’s property.

155
Q

City planning:

A

is a useful tool to help ensure orderly, sensible growth and development.

156
Q

General plan is also referred to as the:

A

Master plan - is a statement of policy and a means to enact that policy. Includes background information on the area economy, its development, population growth, existing land uses. States goals and policies determining future development and gives one or more maps showing population distribution and designated land-use areas and density.

157
Q

The local planning commission (required by state law for counties but optional for cities):

A

formulates the general plan, then is adopted by resolution of the legislative body.

158
Q

Form-based planning:

A

provides a mix of land uses, while taking into account the relationship of buildings and public areas, resulting in a much more “pedestrian-friendly” urban environment.

159
Q

Traditional planning:

A

different specialists working apart from one another design separate components of the urban landscape, often leading to isolated land-use areas and “sprawl”.

160
Q

Procedure for adoption of a general plan:

A

If the jurisdiction has a planning commission, a public hearing is held before that group and the majority of planning commissioners must vote in favor of the plan. Then, another public hearing is held by the local governing body (city council or county board of supervisors), which can adopt the plan or amendment by resolution.

161
Q

A specific plan:

A

can be formulated after a general plan has been adopted. May be so detailed that no further land-use regulations (such as zoning) are required. Further attention is given to population growth, environmental, economic, and other considerations in particular areas. Locations of streets and utilities, projected population density, building construction requirements and topographical information (terrain and physical features) can be provided.

162
Q

Zoning:

A

dividing of a city into areas, zone, limited to certain land uses, building requirements. Primary device for controlling land use and the principal tool for implementing the general plan. Must be consistent with policies and long-range goals of the general plan.
If theres conflict, the general plan take precedence over zoning.
There are procedures for citizen complaints regarding noncompliance with the general plan.

163
Q

Zoning ordinances typically cover:

A

permitted uses; minimum parcel size; building height limitations; lot coverage limitations; required setbacks; maximum density.

164
Q

Rezoning:

A

overall designated land use may be changed.

165
Q

Planned Development or Planned Unit Development PUD:

A

is both a type of development and a zoning classification. Usually allows individually owned residential property together with shared common areas. May include commercial and/or industrial uses.

166
Q

Community Redevelopment Agency (CRA):

A

work to rehabilitate existing structures or bring in new development both to provide low-moderate income housing and to employ low-income persons.

California Real-Estate 2020 (9 decks)

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