Real Property Law Flashcards
What does a grant deed do?
It transfers title.
What is a trust deed?
A financing security device.
What is a grantor?
The seller or giver of the property.
What does alienate mean?
To transfer or convey title.
What is inundation?
The first degree of flood hazard.
What is sheet overflow?
The second degree of flood hazard.
What is ponding?
The third degree of flood hazard.
What is stock in a mutual water company?
Real property.
What is the greatest interest one can have in the land?
Fee simple.
What is an estate of inheritance the same as?
An estate in fee.
What is a fee simple defeasible also known as?
A determinable fee.
What is an estate in remainder?
When a life estate terminates and the interest is passed to one other than the original grantor.
What is an estate in reversion?
When a life estate interest reverts back to the original owner.
What is leasehold?
Less-than-freehold.
What is an estate for year?
A lease agreement for a definite amount of time.
Who has the covenant of quiet enjoyment and possession?
The lessee (tenant).
What length of lease must be in writing?
One longer than one year.
What is a triple-net lease?
A lease wherein the tenant pays a state rent plus property taxes, insurance, and maintenance of the property.
What is a percentage lease?
A lease based on a percentage of the tenant’s monthly gross income.
How long can a lessee (tenant) grant an easement over a leased property?
Only for the term of the lease.
When is rent legally due?
At the end of the term.
What is less than an assignment of a lease?
A sublease.
What is the maximum security deposit for an unfurnished residential unit?
Two month’s rent.
What is the maximum security deposit for a furnished residential unit?
Three month’s rent.
What is an unlawful detainer action?
The legal action for removal of a defaulting tenant.
Who must sign the grant deed?
The grantor, not the grantee.
What level of description is required for a valid grant deed?
It requires only an adequate description to be valid.
When is a grant deed presumed delivered?
When it is recorded or the grantee has possession of the document.
What requires a “granting clause”?
A grant deed.
Who is “first in right”?
The first to record a grant deed, with the exception of possession of property.
How many signatures are required on a witnessed will?
Three.
Who confirms a probate sale and sets the broker’s commission?
The court.
Is an administrator a party to a will?
No.
How is separate property without a will divided?
1/3 to the surviving spouse and 2/3 to the two or more children.
What does “Pur autre vie” mean and when is it used?
“For another’s life”. It is sometimes used in a life estate.
What is the minimum number of days for an eviction?
15.
Eviction can occur by court order after how many days?
15.
Does an estate for years require a notice to terminate?
No.
Does an estate at sufferance require a notice to terminate?
No.
Give an example of avulsion.
150 feet of beachfront property being torn away by a flood.
What is the opposite of avulsion?
Accretion.
What is the opposite of alienation?
Retention.
How do you spell encumbrance?
Encumbrance.
What is a money encumbrance?
A lien.
Are all liens encumbrances?
Yes.
Are all encumbrances liens?
No.
Give an example of a general lien.
A judgment.
What parts of the property of a debtor does a general lien affect?
All of the property of the debtor.
What liens do mechanic’s liens take priority over?
Mechanic’s liens take priority over all other liens except taxes and special assessments, but are on parity (equal basis) with each other.
What date does the mechanic’s lien take?
The date the project began because of parity (equal basis).
Can an architect file an mechanic’s lien if unpaid?
Yes.
Can a drayman (truck driver) file a mechanic’s lien if unpaid?
Yes.
When a completion bond is posted, who has ultimate responsibility for completing the job if the contractor cannot?
The insurance company.
A Notice of Nonresponsibility is to be recorded and posted by an owner within how many days of notice of work performed?
10 days.
What type of action is an attachment?
A prejudgment action.
How long is an attachment good for?
Three years.
Does an attachment terminate on the death of the property owner?
No, it does not.
How long is a judgment good for in the county where it is recorded?
Ten years.
How long does a lis pendens cloud a title?
Until a final judgment is rendered or until the matter is dismissed or removed.
What tells of a pending lawsuit?
A lis pendens.
In what ways are private restrictions on the use of land created?
By the original subdivider, or by written agreement or general plan restrictions in subdivisions as well.
What will you find on a document called the declaration of restrictions?
CC&Rs. Covenants, conditions and restrictions.
On what document will you find CC&Rs?
The declaration of restrictions.
How can a violation of a covenant be stopped?
By an injunction.
Do all covenants “run with the land”?
No, only some do.
Do all conditions “run with the land”?
Yes.
Can violation of a condition bring loss of title?
Yes.
What does a defeasance clause mean?
The title may be defeated or lost.
Do courts like conditions?
No and they often interpret them as covenants.
What is a variance?
A request for a zoning change of a single lot for the owner’s benefit.
Which prevails, public restrictions (zoning) or private restrictions (CC&Rs)?
The more stringent or rigid will prevail.
Does an appurtenant easement go with the land or to the person?
With the land.
Does an easement in gross go with the land or to the person?
To the person. Mark gives John the right to cross over his property, but John does not own any property. John has been given an easement in gross.
Which type of easement does a utility company hold to service property owners?
An easement in gross.
What is a license?
Permission to use the property of another but only for the periods or conditions set by the owner.
When can a license be revoked?
The permission can be revoked by the owner at any time.
What is established in easement by prescription?
Use.
What may be established by adverse possesion?
Title claim.
Can a spouse file a homestead declaration on the separate property of the other?
Yes, if all other requirements are met.
Is a homestead declaration effective if recorded prior to the recording of a judgment?
Yes.
What are the usual methods for termination of homestead?
The sale of property or the filing of a declaration of abandonment.
Is an unlocated easement valid?
Yes.
What is an encroachment?
The unlawful intrusion onto the adjacent owner’s land.
How long does a land owner have after discovery of an encroachment to take action for its removal?
Three years.
Is a homestead declaration an encumbrance?
No.
