Quiz Legal aspects 3 Flashcards

1
Q

The property which benefits from an easement is referred to as the:

A

dominant tenement.

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2
Q

A(n) _____ is the right of one property owner to use the property of another.

A

easement

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3
Q

______easements restrict an owner’s ability to maintain or construct any
improvements which interfere with a neighbor’s solar energy system.

A

solar

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4
Q

A(n) ______ is a voluntary conveyance of the right to keep land in its natural or historic condition.

A

conservation easement

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5
Q

A(n) _____ belongs to an individual and is their personal right.

A

easement in gross

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6
Q

A(n) _______ has been created when an owner conveys a parcel of property but reserves the right to continue using a portion of the conveyed property.

A

easement by reservation

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7
Q

To establish an implied easement, the use by the prior owner needs to be:

A

intended to be permanent.
known or obvious to both the prior owner and the buyer.
regularly used during the prior owner’s

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8
Q

An easement created by conduct without any prior agreement between the owner and the easement user is called a(n):

A

implied easement

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9
Q

If a property is landlocked, the owner of the property may be able to acquire a(n):

A

easement by necessity

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10
Q

A(n) ______ is established by the adverse use of another’s property for a period

A

prescriptive easement

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11
Q

Limitations on an easement’s use are set by:

A

its historic use.

its established purpose

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12
Q

A(n) ______ is accomplished by the use of a quitclaim or grant deed in favor of the owner of the burdened property, signed by the easement user.

A

release

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13
Q

A ______ occurs when the same person acquires fee title to both the benefitting and burdened properties.

A

merger

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14
Q

An easement is terminated by _________ if the easement holder places an excessive burden on the property encumbered by the easement.

A

forfeiture

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15
Q

An easement is terminated by ______ when the burdened property owner permanently interferes with the neighbor’s use of the easement.

A

prescription

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16
Q

Restrictive covenants on how parcels of property may be used are contained in a document called the:

A

covenants, conditionsand restrictions (CC&Rs).

17
Q

A recorded restriction limiting the use of a property to a specific purpose is classified as a(n):

A

affirmative covenant

18
Q

A restriction which is unenforceable.

A

unreasonably restricts the marketability of a property.
prohibits ownership by a certain race.
is not uniformly observed and enforced against all prior violators

19
Q

When a written maintenance agreement does not exist between the owners of a burdened and benefitting property,maintenance costs are:

A

shared in proportion to each property owner’s use of the easement

20
Q

A valid deed must:

A

be in writing and identify the grantor and the grantee.
contain a granting clause and describe the real estate involved.
be signed by the grantor and accepted by the grantee.

21
Q

An executed oral agreement for the transfer of real estate ownership will be enforced under the doctrine of:

A

specific performance..

estoppel.

22
Q

At the time of signing the deed, a capable grantor must:

A

possess their civil rights.
be of sound mind.
be an adult at least 18 years of age.

23
Q

A deed with a misnamed grantee is:

A

still a valid conveyance of the real estate

24
Q

A(n) ______ may acquire title to California real estate.

A

individual.
California limited liability company (LLC).
California corporation

25
Q

A _______ is used to pass an ownership interest in real estate from the grantor to another individual, with implied covenants against prior conveyances and undisclosed encumbrances.

A

grant deed

26
Q

A ______ is intended to convey whatever interest the grantor may hold in real estate,without warranty that any interest exists.

A

quitclaim deed

27
Q

Implied covenants are for the personal benefit of the:

A

buyer only

28
Q

For delivery of a deed to occur, the grantor must ______ and the grantee must _____

A

intend to convey title; accept the deed as immediately effective

29
Q

A ______ deed is unenforceable at all times and never conveys an interest in real estate.

A

void