Property Ownership & Land Use Controls & Regulation Flashcards
Easements
The right to use the land of another for ingress and egress.
Easement by prescription
An easement that is hostile to the wishes of the owner; obtained by hostile and notorious use for five years
(An easement or The right to cross over someone’s property that u get through hostile use)
(Legal descriptions)
Which are the three Recognized base or meridian line in CA
Humboldt
My. Diablo
San Bernidino
It legally describes property in ca
Who holds legal title under installments sales contract? Vendee Trustee Vendor Trustor
Vendor
Is real property immovable ?
Yes — it’s fixed like land
Is real property transferred using a deed?
Yes
Personal property is transferred using what
Bill of sale.
Example .. Not the deed because you won’t own the building but with bill of sale you’ll own the business
When property is said to be sold to state for non payment of real property taxes, the period of redemption lasts how long?
Five years
(If u have delinquent or back property taxes the state will let you stay undisturbed for 5 years)
If you don’t redeem it in those 5 years it’s sold BY state at a tax sale.
The state and only state will not bother u. However banks can make this hard
A concurrent ownership right that contains the right of survivorship and the unities of time, title, interest and possession
Joint tendency
Trade fixtures
A fixture that is used in the course of a business. It’s a personal property
Freehold estate vs less-than-free-hold estate
Ownership for indefinite period.
- free to hold the ownership for as long as you want. Your house is freehold
Less than : a lease - to use but not own.
Fee simple
The highest form of modern land ownership. Owner owns both the building and the land.
(Ownership with a condition)
Holder of life estate
And instate that is based on the life of another
It’s a Free hold estate — it’s ownership
5 things you have to do to get an easement by prescription over a property
Nacho
Notoriously Adversely Continuously for 5 years Hostilely Openly
If I want to get an easement over your property nacho.
Use your land for 5 years I can file an action and have court grant an easement by prescription
Accretion
Accession
Alluvium soil
Avulsion
Accretion- put it there
Accession- new soil now u own it
Alluvium soil- dirt
Avulsion- violent tearing away of land by action of water
Which party is responsible for giving tax “rate” in a given county?
County board of supervisors
Board that sets property tax rates
Who determines what the assed value is ?
The county assessor
Emblements
Emblements: The right of a tenant farmer to cone back to farm to harvest crops after lease expiration.
When a contractor or someone provides labor or material to better the property (example,pool) and are not paid they can file what?
mechanics lien.
Also can be a Specific Lien (a type of lien that only affects “one “part of real estate)
General lien
Affects all properties of an owner. House, car, bank, boats etc…
Voluntarily lien
A lien that the owner accepts freely
Attachment
A legal process where specific property owned by the debtor is requested to transfer to the creditor or sold for the benefit of a creditor
