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Real Estate Outline > Real Property Law > Flashcards

Real Property Law Flashcards

1
Q

What does a grant deed do?

A

It transfers title.

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2
Q

What is a trust deed?

A

A financing security device.

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3
Q

What is a grantor?

A

The seller or giver of the property.

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4
Q

What does alienate mean?

A

To transfer or convey title.

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5
Q

What is inundation?

A

The first degree of flood hazard.

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6
Q

What is sheet overflow?

A

The second degree of flood hazard.

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7
Q

What is ponding?

A

The third degree of flood hazard.

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8
Q

What is stock in a mutual water company?

A

Real property.

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9
Q

What is the greatest interest one can have in the land?

A

Fee simple.

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10
Q

What is an estate of inheritance the same as?

A

An estate in fee.

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11
Q

What is a fee simple defeasible also known as?

A

A determinable fee.

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12
Q

What is an estate in remainder?

A

When a life estate terminates and the interest is passed to one other than the original grantor.

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13
Q

What is an estate in reversion?

A

When a life estate interest reverts back to the original owner.

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14
Q

What is leasehold?

A

Less-than-freehold.

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15
Q

What is an estate for year?

A

A lease agreement for a definite amount of time.

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16
Q

Who has the covenant of quiet enjoyment and possession?

A

The lessee (tenant).

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17
Q

What length of lease must be in writing?

A

One longer than one year.

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18
Q

What is a triple-net lease?

A

A lease wherein the tenant pays a state rent plus property taxes, insurance, and maintenance of the property.

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19
Q

What is a percentage lease?

A

A lease based on a percentage of the tenant’s monthly gross income.

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20
Q

How long can a lessee (tenant) grant an easement over a leased property?

A

Only for the term of the lease.

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21
Q

When is rent legally due?

A

At the end of the term.

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22
Q

What is less than an assignment of a lease?

A

A sublease.

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23
Q

What is the maximum security deposit for an unfurnished residential unit?

A

Two month’s rent.

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24
Q

What is the maximum security deposit for a furnished residential unit?

A

Three month’s rent.

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25
Q

What is an unlawful detainer action?

A

The legal action for removal of a defaulting tenant.

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26
Q

Who must sign the grant deed?

A

The grantor, not the grantee.

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27
Q

What level of description is required for a valid grant deed?

A

It requires only an adequate description to be valid.

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28
Q

When is a grant deed presumed delivered?

A

When it is recorded or the grantee has possession of the document.

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29
Q

What requires a “granting clause”?

A

A grant deed.

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30
Q

Who is “first in right”?

A

The first to record a grant deed, with the exception of possession of property.

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31
Q

How many signatures are required on a witnessed will?

A

Three.

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32
Q

Who confirms a probate sale and sets the broker’s commission?

A

The court.

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33
Q

Is an administrator a party to a will?

A

No.

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34
Q

How is separate property without a will divided?

A

1/3 to the surviving spouse and 2/3 to the two or more children.

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35
Q

What does “Pur autre vie” mean and when is it used?

A

“For another’s life”. It is sometimes used in a life estate.

36
Q

What is the minimum number of days for an eviction?

A

15.

37
Q

Eviction can occur by court order after how many days?

A

15.

38
Q

Does an estate for years require a notice to terminate?

A

No.

39
Q

Does an estate at sufferance require a notice to terminate?

A

No.

40
Q

Give an example of avulsion.

A

150 feet of beachfront property being torn away by a flood.

41
Q

What is the opposite of avulsion?

A

Accretion.

42
Q

What is the opposite of alienation?

A

Retention.

43
Q

How do you spell encumbrance?

A

Encumbrance.

44
Q

What is a money encumbrance?

A

A lien.

45
Q

Are all liens encumbrances?

A

Yes.

46
Q

Are all encumbrances liens?

A

No.

47
Q

Give an example of a general lien.

A

A judgment.

48
Q

What parts of the property of a debtor does a general lien affect?

A

All of the property of the debtor.

49
Q

What liens do mechanic’s liens take priority over?

A

Mechanic’s liens take priority over all other liens except taxes and special assessments, but are on parity (equal basis) with each other.

50
Q

What date does the mechanic’s lien take?

A

The date the project began because of parity (equal basis).

51
Q

Can an architect file an mechanic’s lien if unpaid?

A

Yes.

52
Q

Can a drayman (truck driver) file a mechanic’s lien if unpaid?

A

Yes.

53
Q

When a completion bond is posted, who has ultimate responsibility for completing the job if the contractor cannot?

A

The insurance company.

54
Q

A Notice of Nonresponsibility is to be recorded and posted by an owner within how many days of notice of work performed?

A

10 days.

55
Q

What type of action is an attachment?

A

A prejudgment action.

56
Q

How long is an attachment good for?

A

Three years.

57
Q

Does an attachment terminate on the death of the property owner?

A

No, it does not.

58
Q

How long is a judgment good for in the county where it is recorded?

A

Ten years.

59
Q

How long does a lis pendens cloud a title?

A

Until a final judgment is rendered or until the matter is dismissed or removed.

60
Q

What tells of a pending lawsuit?

A

A lis pendens.

61
Q

In what ways are private restrictions on the use of land created?

A

By the original subdivider, or by written agreement or general plan restrictions in subdivisions as well.

62
Q

What will you find on a document called the declaration of restrictions?

A

CC&Rs. Covenants, conditions and restrictions.

63
Q

On what document will you find CC&Rs?

A

The declaration of restrictions.

64
Q

How can a violation of a covenant be stopped?

A

By an injunction.

65
Q

Do all covenants “run with the land”?

A

No, only some do.

66
Q

Do all conditions “run with the land”?

A

Yes.

67
Q

Can violation of a condition bring loss of title?

A

Yes.

68
Q

What does a defeasance clause mean?

A

The title may be defeated or lost.

69
Q

Do courts like conditions?

A

No and they often interpret them as covenants.

70
Q

What is a variance?

A

A request for a zoning change of a single lot for the owner’s benefit.

71
Q

Which prevails, public restrictions (zoning) or private restrictions (CC&Rs)?

A

The more stringent or rigid will prevail.

72
Q

Does an appurtenant easement go with the land or to the person?

A

With the land.

73
Q

Does an easement in gross go with the land or to the person?

A

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.

74
Q

Which type of easement does a utility company hold to service property owners?

A

An easement in gross.

75
Q

What is a license?

A

Permission to use the property of another but only for the periods or conditions set by the owner.

76
Q

When can a license be revoked?

A

The permission can be revoked by the owner at any time.

77
Q

What is established in easement by prescription?

A

Use.

78
Q

What may be established by adverse possesion?

A

Title claim.

79
Q

Can a spouse file a homestead declaration on the separate property of the other?

A

Yes, if all other requirements are met.

80
Q

Is a homestead declaration effective if recorded prior to the recording of a judgment?

A

Yes.

81
Q

What are the usual methods for termination of homestead?

A

The sale of property or the filing of a declaration of abandonment.

82
Q

Is an unlocated easement valid?

A

Yes.

83
Q

What is an encroachment?

A

The unlawful intrusion onto the adjacent owner’s land.

84
Q

How long does a land owner have after discovery of an encroachment to take action for its removal?

A

Three years.

85
Q

Is a homestead declaration an encumbrance?

A

No.

Real Estate Outline (9 decks)

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