Real property in CA Flashcards
What’s right to encumber?
Right to borrow $ against value of property
Which of the following is FALSE?
A. There’re 2 types of freehold estates: fee simple and life estate
B. Freehold estate may continue for indefinite period or limited to specific period
C. Life estate holder can sell/rent/encumber/dispose of said property.
D. LIfe estate holder can convey said property by will.
D. Life tenant has all fee estate ownership rights EXCEPT conveyance by will. If life estate is sold, then any interest becomes invalid upon the death of person on whom life estate is measured.
Which 2 types of leasehold estates does not require notice to vacate? A. Estate at will B. Estate from period to period C. Estate at sufferance D. Estate for years
C and D. Estate for years does not require notice b/c contract already has definite termination date
Estate at sufferance does not require notice b/c tenant already staying past lease.
What’s dual nature of the lease?
A lease is both a conveyance and contract.
Max. security deposit $ for unfurnished property in CA?
Max. security deposit $ for furnished property in CA?
2 mon rent for unfurnished security deposit.
3 mon rent for furnished security deposit
How many of days do landlords have to return tenant’s security deposit?
21 days.
Security deposits can cover cleaning costs and future costs due to tenants’ breaching lease agreement
What’s Right fo Appropriation/Doctrine of Prior Appropriation?
Allows state to allocate non-riparian property owners to take water for their own use.
EX: water permits for agricultural use
Which of the follow is FALSE?
A. Littoral rights for navigable waters do not own water/land beneath
B. Riparian rights for navigable water own lands beneath water up to midpoint
C. Littoral ownership extends to high water mark of body of water
D. Riparian rights for navigable water extends to water’s edge and doesn’t include land underneath
B. if water is navigable, state owns water and land underneath. Riparian rights for land underneath until midpoint only if water is non-navigable.
What are emblements? Are they real/personal property?
Emblements are cultivated crops and are considered personal property. Emblements are crops grown with intention to be sold.
Ex: peach orchard, the peach trees are real property, but the peaches grown on the trees are personal property.
What are appurtenances? Are they real/personal property?
An appurtenance is anthing used with land for its benefit. They comes w/land and are real property.
Ex; easement
Test to determine whether an item is considered a fixutre.
MARIA
Method of attachment Adaptibility Relationship of the parties intention of attachment Agreement of parties
What are the methods to describe land?
A. lot, block and tract system/subdivision system
B. Metes and bounds
C. US gov section and township survey
D. All of the above.
D.
What is a plat map?
Map that shows divisions within the lot, block and tract system.
Tract largest area on plat map, lots smallest
Which of the following is FALSE?
A. Metes and bounds system is less accurate than lot/block/tract system and US Gov Section and Township survey
B. Bounds can not be artificial features like stakes
C. Metes describes distance/measurement between 2 points/landmarks
D. One can avoid ambiguity in metes and bounds system by replacing bounds w/compass direction and distances, aka Coordinate Geometry
B. Bounds can be artificial or natural features
Ex: roads, stakes, lakes, boulders and trees.
Which of the following is FALSE?
A. Principal meridians run N and S
B. Most of the land in the US is described using US Gov. Section and Township Survey system, aka Gov Survey Method or Rectangular Survey System
C. For irregular shaped lands, US Gov Section and Township Survey system is inadequate, full legal description must include a mete and bounds/lot and block description as well
D. Baselines/Parallels run N and S
D. Baselines run E and W, they are horizontal. Baselines, aka base parallels is the designated line for identifying townships.
