Quiz Legal aspects 3 Flashcards
The property which benefits from an easement is referred to as the:
dominant tenement.
A(n) _____ is the right of one property owner to use the property of another.
easement
______easements restrict an owner’s ability to maintain or construct any
improvements which interfere with a neighbor’s solar energy system.
solar
A(n) ______ is a voluntary conveyance of the right to keep land in its natural or historic condition.
conservation easement
A(n) _____ belongs to an individual and is their personal right.
easement in gross
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.
easement by reservation
To establish an implied easement, the use by the prior owner needs to be:
intended to be permanent.
known or obvious to both the prior owner and the buyer.
regularly used during the prior owner’s
An easement created by conduct without any prior agreement between the owner and the easement user is called a(n):
implied easement
If a property is landlocked, the owner of the property may be able to acquire a(n):
easement by necessity
A(n) ______ is established by the adverse use of another’s property for a period
prescriptive easement
Limitations on an easement’s use are set by:
its historic use.
its established purpose
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.
release
A ______ occurs when the same person acquires fee title to both the benefitting and burdened properties.
merger
An easement is terminated by _________ if the easement holder places an excessive burden on the property encumbered by the easement.
forfeiture
An easement is terminated by ______ when the burdened property owner permanently interferes with the neighbor’s use of the easement.
prescription
Restrictive covenants on how parcels of property may be used are contained in a document called the:
covenants, conditionsand restrictions (CC&Rs).
A recorded restriction limiting the use of a property to a specific purpose is classified as a(n):
affirmative covenant
A restriction which is unenforceable.
unreasonably restricts the marketability of a property.
prohibits ownership by a certain race.
is not uniformly observed and enforced against all prior violators
When a written maintenance agreement does not exist between the owners of a burdened and benefitting property,maintenance costs are:
shared in proportion to each property owner’s use of the easement
A valid deed must:
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.
An executed oral agreement for the transfer of real estate ownership will be enforced under the doctrine of:
specific performance..
estoppel.
At the time of signing the deed, a capable grantor must:
possess their civil rights.
be of sound mind.
be an adult at least 18 years of age.
A deed with a misnamed grantee is:
still a valid conveyance of the real estate
A(n) ______ may acquire title to California real estate.
individual.
California limited liability company (LLC).
California corporation
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.
grant deed
A ______ is intended to convey whatever interest the grantor may hold in real estate,without warranty that any interest exists.
quitclaim deed
Implied covenants are for the personal benefit of the:
buyer only
For delivery of a deed to occur, the grantor must ______ and the grantee must _____
intend to convey title; accept the deed as immediately effective
A ______ deed is unenforceable at all times and never conveys an interest in real estate.
void
