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Real Estate > Subdivision, planning, controls and development > Flashcards

Subdivision, planning, controls and development Flashcards

1
Q

Easement

A

A right held by one property owner to make use of the land of another for a limited purpose

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2
Q

Easement

A

Another major type of encumbrance, unlike a loan, which can be paid off, easements are frequently permanent. They write acquired by one party, to use another parties land for a special purpose. Written agreement between the parties.

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3
Q

Types of easements

A

Easement appurtenant : permanent, right to use another land for the benefit of the neighbor
Easement in gross : right to use the land, does not necessarily involve an adjoining property, example would be utility lines
Easement of necessity : access to Road, without such an easement, the owner requiring the right of passage would be landlocked
Easement by prescription : acquired through years of use, permanent right to use another property by doing so far period of time. Use must be hostile, open, exclusive, notorious.

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4
Q

Permanent right to use another land for the benefit of a neighbor

A

Easement appurtenant

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5
Q

Right to use the land (not necessarily an adjoining property)

A

Easement in gross

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6
Q

This usually involves access to a road, what kind of easement

A

Is meant by necessity

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7
Q

What is the Easement that is acquired through years of use?

A

Easement by prescription

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8
Q

Easement in gross

A

A right to use the land example utility line spanning on both properties

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9
Q

Servient vs. dominant a state

A

The recipient of the right is dominant
The giver of the right is servient

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10
Q

A permanent right to use another’s land for the benefit of the neighboring parcel

A

Easement appurtenant

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11
Q

This type of easement is terminated when the reason for the easement no longer exist, such as when a new road is built that reaches a previously landlocked parcel

A

Easement by necessity

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12
Q

This type of easement is the right to use. The land of another end does not involve any adjoining estate. Utility companies often make use of these easement.

A

Easement in gross

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13
Q

A permanent right to use another’s property because you’ve been doing so for a statutory period of time

A

Easement by prescription

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14
Q

Shared between two buildings, and constructed by the boundary line between two owners lots

A

Party wall

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15
Q

Rights to occupy the property

A

Possessory

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16
Q

Easements fall into this category of rights

A

Nonpossessory

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17
Q

Wooden building, shrubs, fence, etc., illegally cross over into another property. Can lead to a claim of adverse possession or an easement by prescription.

A

Encroachment

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18
Q

Not classified as an encumbrance, this is a temporary right to enter the land or use property belonging to another for a specific purpose

A

License

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19
Q

Land is landlocked with no access to roads

A

Easement of necessity

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20
Q

A person uses another’s land without permission for sometime

A

Easement a prescription

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21
Q

Easement is created through express written language in a grant deed

A

Express grant or reservation

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22
Q

Easement is created through implied use of land or a parties prior used to land

A

Easement of implication of law

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23
Q

The government exercises it’s power of eminent domain

A

Easement of condemnation

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24
Q

Easement is created through written agreement between two land owners

A

Easement a contract

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25
Q

Terminations of easements

A

The easement Owner releases the Easement, as it’s no longer needed, and Xpress agreement or quit claim deed.
- The dominant and servant lands are merged into one
- Easement owner abandons the easement
- The easement is no longer needed, a new access road is built that the dominant tenement can use
- The easement is used too much

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26
Q

Encroachments versus easements

A

Encroachment “ roach” uninvited- hey fixed intrusion onto a persons property- unauthorized

Easement is authorized use of someone else’s property for a specific purpose

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27
Q

License facts

A

A permission to do something on another’s land, without actually possessing any interest or ownership in the land

The owner of a revoked license, at any time, unless a termination date has been specified by contract agreement

A license isn’t assignable or inheritable, and it’s a temporary privilege

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28
Q

Doctrine of laches

A

If you don’t use it, you lose it. Property owners who are lacks in protecting their rights can lose their rights. The courts won’t restrict violators and the covenant terminates.

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29
Q

Insurance compliance with zoning of public safety, and preserves real property value

A

Subdivision regulations

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30
Q

Deed restriction

A

Limits the use or appearance of a given property, and it can be placed on an individual property, or an entire subdivision. A property owner can’t place a restriction on a deed any time during ownership. The restriction Mehran with the land forever, and will appear on all future deeds, or it may have a time limit.

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31
Q

CC&R’s

A

Conditions- contingencies in which a property might be one or lost of the condition is violated

Covenants - agreement between two or more parties

Deed and restrictions - limit the use of appearance of a given property

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32
Q

Deed restriction, examples

A

Exterior material color
No boats are RVs in the driveway
Property size and set backs
Architectural design
Fence, height, and style

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33
Q

Elizabeth properties encumbered by an easement in gross with which of these entities?

I neighbor who constructed his new backyard fence, 6 inches across Elizabeth property line

The owner of the empty lot down the street that Elizabeth uses as a vegetable garden with the owners permission

The utility company that needs to access the powerline that crosses a corner of Elizabeth’s land

A

The utility company that needs to access the powerline that crosses a corner of Elizabeth’s land is an easement in gross

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34
Q

If John suspects that his neighbors deck encroaches on his backyard, what should John do to determine whether an encroachment exists?

A

He should consult a survey for the exact property line

Since it’s an authorized intrusion, John should consult a survey to determine the exact property line and see if his neighbors deck is encroaching on his property

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35
Q

Out lots

A

Leftover parcels of land

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36
Q

Subdivision development tasks

A

Subdivision = land divided into lots for development
Market study = perform feasible study
State/local agency approval = conduct development and environmental review, feilds subdivision, Matt, and apply for a public report
Marketing = determine a strategy for selling the homes
Outlot development = consider uses for leftover parcels of land

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37
Q

Feasible Study factors in subdivision development process

A

Community demographics
Anticipated rate of return on investment
Traffic patterns
Cost of financing
Potential environment factors

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38
Q

When should subdivision marketing strategy be developed?

A

Well, before ground is broken, because these decisions, affect design, cost, financing, sales price

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39
Q

Subdivision development process, recap

A

Market study- building site, potential environment, factors, Cox, anticipated rate of return, community demographics, Nieves and attitudes towards development, and traffic patterns

Application to state and local agencies for approval - environmental review, filing a subdivision map, applying for public report

Marketing - begin before ground is broken

Outlots - leftover parcels of land surrounding the subdivision development include possible uses, placement and zoning restrictions

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40
Q

Municipal fees

A

Permits
Impact fees
Hook ups for water and sewer

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41
Q

You are required to provide assurance that the public park you agree to build will be completed

A

Completion bond

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42
Q

You’re required to purchase a construction permit and file a subdivision map

A

Municipal fees

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43
Q

You’re required to pay a fee to offset the cost of maintaining local streets and building a few new ones

A

Impact fees

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44
Q

Completion bond

A

Is purchased by the developer to provide assurance to the municipality, that all public improvements on which the development was contingent or completed

45
Q

The social and economic make up of the community

A

Demographics

46
Q

The lava and ask consumer protections for purchases a subdivision properties

A

Subdivided lands law

47
Q

A map that takes into account, subdivision regulations, such as Street, drainage, and utilities to coordinate with local general plan

A

Subdivision map

48
Q

The portion of an acre that is left after deducting the area required for streets and improvements

A

Commercial acre

49
Q

The written record of land divided into lots and used in legal description of deeds

A

Subdivision plat

50
Q

The collection of written records used illegal subdivision, descriptions, kept at the county clerks office

A

Plat book

51
Q

Rules for subdivision developers

A

Must disclose development and subdivision information about the project
Must create a subdivision map
Must apply for a public report from the real estate commissioner

52
Q

Subdivision map act

A

Helps local municipalities and developers, coordinate development by filing and approving subdivision maps that adhere to local regulations and ensure developers take into account the improvement of public areas

53
Q

Subdivision regulations

A

Specifications for street wits, curves, and drains
Single or multi family dwelling regulations,
minimum lot size specifications
Specified measurements for house, placement, setback from property lines

54
Q

Common interest, open meetings, law

A

Meeting notice an agenda must be provided for days in advance

No agenda items may be added during the meeting unless it is :
Emergency in nature, a clarification, announcement, ongoing activity, race by member, an open forum, a matter referred to a property management, staff, or action, or a report back at a later date

55
Q

Three basic types of subdivisions

A

Standard subdivision
Land subdivided into parcels, with no shared ownership between any of the owners of subdivision parcels
Common interest subdivision
Owners of parcels in this type of subdivision, maintain separate ownership of their respective parcels and a shared interest in common areas
Undivided, interest subdivision
The land is not split into parcels and ownership is held in common with all other owners, five or more

56
Q

Purchasers receive shares and corporation, an exclusive occupancy of a portion of the property, but the corporation owns the property

A

Stock co-op project

57
Q

Purchasers receive ownership in the air, space, a specific unit at the property and shared ownership in the land and structure

A

Condominium project

58
Q

Owners have undivided interest in the land, and a right of exclusive occupancy other units

A

Community apartment project

59
Q

Consist of individually owned parcels, or lots of land, and Owner share interest in common areas

A

Plan development

60
Q

This is a form of stock cooperative funded by the California housing finance agency

A

Limited equity, housing co-op

61
Q

Bill, just purchased interest in a new apartment building. Instead of owning a unit or airspace he gets the right to occupy his unit and help make decisions about the property as a stockholder what kind of subdivision did bill buy into?

A

Stock cooperative project

62
Q

Combine with subdivided land. Laws

What are the affirmative standards that the commissioner look forward to ensure that the developer is meeting these requirements

A

The subdivision is suitable for its intended use
There are Fairdealing’s regarding the sale or lease process

63
Q

Required public report disclosures

What must developers disclose their application for public report from the real estate commissioner?

A

The interest to be acquired by purchasers
All conditions are restrictions to be included with the purchase of property
Unusual easements or expenses at closing procedure for handling all payments

64
Q

What public report allows developers to enter into nonbinding reservations with potential buyers

A

Preliminary public report

65
Q

What public report is applied for during the five-year period of the final public report if there is a marital change to information being disclosed

A

Amended report

66
Q

What public report is a pie for if the subdivision is not sold out within the five years that the public report is active

A

Renewed report

67
Q

What is the public report that is only issue when awaiting an amended public report

A

Interim report

68
Q

What public report allows developers to enter into binding contract, is certain conditions are met well waiting for the public report to be issued?

A

Conditional report

69
Q

Subdivided land law exemptions

A

Land that is subdivided for industrial or commercial purposes only

The development is a standard subdivision being sold with completed residential buildings, and other improvements needed for occupancy

Subdivided land offered by a state agency

70
Q

Subdivided land law, public report must be

A

Updated with any material changes with an amended public report application

Renewed after five years, if lots have not sold out

71
Q

Subdivision land law give certain types of subdivisions exemption from requiring a public report, such as:

A

Commercial or industrial subdivision
Standard subdivisions that are fully improved an occupant ready
Subdivisions offered for sale by the state

72
Q

What things are included in a subdivision map

A

Legal description of the property
Source of water supply
Names and width of purpose of an existing Streets
existing and purposed easements and utility locations
Drainage considerations
Intended use

73
Q

Initial math with all the required information for subdivision

A

Tentative map

74
Q

Map of subdivision that details not only the exact boundaries of the land and parcels, but blocks and streets are all numbered are named, as well

A

Final map

75
Q

Map that shows all property boundaries of subdivision. May be waived by local ordinances.

A

Parcel map

76
Q

Getting a map subdivision approval

A

Approval of subdivision, maps is performed by the local planning board and requires a notice, a hearing, and a time limitation be given before approval can be made. First the tentative, Matt is verified as to whether it adheres to local general plan and ordinances, and whether the purpose youth is appropriate. Once approved, the developer has two years to submit the final nap, and, with the extensions, may take up to five years. Again, notice an opportunity, for the hearing must be given to adjoining property owners, if the subdivision results is significant deprivation of the rights

77
Q

Which of the following must be disclosed in a subdivisions public report, according to the subdivision lands law

The filing date of the first tentative map
The number of parcels to be sold with or without pools
The interest to be acquired by the purchaser

A

The entrance to be acquired by the purchaser

Ensuring the entrance to be acquired is readily available to purchasers in the public report allows consumers to make informed decisions about their purchase

78
Q

Which of the following types of subdivisions are exempt from filing a public report?
Commercial subdivision
A plan development submission
A stop cooperative
Campground

A

A commercial subdivision, according to the seven divided land laws, filing exemptions

79
Q

What is a project of large parcel of land, divided into hundreds of lights and building single-family homes on those lots and selling the properties to homebuyers?

Condominium
Cooperative
A subdivision

A

Subdivision

80
Q

Which type of subdivision is defined as separately on parcels or purchasers also share interest in common areas

Common interest subdivision
Standard subdivision
Undivided, interest subdivision

A

Common interest subdivision

81
Q

———-he’s OK to state and local agencies for items such as Permits and utility hook up

A

Municipal fees

82
Q

A community apartment project is an example of what type of subdivision

Common interest, subdivision,
subdivided lands project

A

Common interest subdivision

83
Q

Which map must be filed within two years of approval of the initial map
Final map
Parcel map
Tentative Map

A

Final map

84
Q

Construction loans

A

Loan involves a high degree of risk for the lender
Long usually needs multiple sources of financing for subdivision
Construction loan involves a higher interest rate than a conventional mortgage
Developer have to put as much is 30% of their own money down for a subdivision construction on
Construction loan financing is typically structured

85
Q

Owner participation

A

The developers on money that is used for a down payment on construction loan often up to 30%

86
Q

Lot release, provision

A

Requires that a portion of the loan be repaid when each lot sells

87
Q

Structured financing

A

Loan disbursements made in stages

88
Q

Purchase money mortgage

A

Mortgage given by the buyer to the seller to secure the purchase price

89
Q

Construction loan

A

Temporary financing used for construction

90
Q

The cost of preparing the necessary documents for the lender, plans, specifications for the appraiser, tax returns, and other financial data are known as what?

A

Cost of approval

91
Q

Encumbrance that accompanies a subdivision development is a blanket encumbrance. Give an example of blanket encumbrance.

A

Exist one more than one light, unit, or interest in subdivision, is used to secure payment of a trust, deed note, or other lien of encumbrance

92
Q

Deposit money can be placed in escrow until the blanket encumbrance is lifted for the developer
True or false

A

True, as long as the escrow account is acceptable to the real estate commissioner, this is an acceptable method of handling deposit money

93
Q

Title is placed in trust acceptable to the commissioner until the blanket and conference is lifted for the developer
True or false

A

True

94
Q

Avon can be purchased in furnish to the state of California to cover the purchase money. It’s a blanket encumbrance is not released.
True or false

A

True

95
Q

A blanket of encumbrance exist when more than one lot, unit, or interest in subdivision, is used to secure payment of a trust, deed note, or other lien of encumbrance
True or false

A

True
When one or more shares of a subdivision are used as security for a loan

96
Q

How does the developer handle money for deposits for parcels?

A

Deposit money can be placed in escrow until the blanket of encumbrances is lifted

The title is placed in a trust acceptable to the commissioner until the blanket up encumbrances is lifted

A bond can be purchased a furnished to the state of California to cover the purchase money if the blanket encumbrance is not released

The developer still needs to either put the money in and approved escrow account or furnish Avon until the title is transferred to the purchaser

97
Q

California environment, quality act CEQA

A

Requires an environmental review before approving projects such a subdivision that may impact the environment. Applies to a Projects requiring governmental discretionary review

98
Q

Alquist priolo, earthquake, fault, zoning act

A

Applicable to subdivisions for human dwelling within an earthquake fault zone. Prohibits building on fault lines, requires disclosures to purchase of dwellings in earthquake, Paul areas, Seth requirements for permitting projects when retrofitting existing dwellings in these areas

99
Q

California coastal act

A

Establishes environmental protection for development, near coastal areas and wetlands, projects, public access to beaches and waterways

100
Q

Rangeland, gazing land and grassland protection act

A

Protect California’s range, land, grazing land grass land, through the use of conservation easements and prevention of the conversion of range land to non-agricultural uses

101
Q

Desist and refrain orders

A

Issue by California Bureau of real estate against developers, who violate the subdivided lands at. Typically, if a developer wishes to contest a D&R he has 30 days to submit a request for hearing to contest it.

102
Q

Interstate and out of country offerings

A

California developers who are offering out-of-state and out of country projects must register these projects with the bureau of real estate BREN adhere to the disclosure requirements to purchasers. This includes the requirement for them to disclose that the property has not been examined by the BRE and urged purchasers to investigate and seek legal assistance before making a purchase decision. Developers may sell subdivision interest to property, located outside of the state, as long as they register it with PRE, and provide the appropriate disclaimers. Developers of out-of-state projects don’t need to provide Seismic maps to ensure the property in a fall zone in its state

103
Q

Requires an environmental impact report before a subdivision may be approved

A

CEQA
California environmental quality act

104
Q

Regulates development, an earthquake faults areas and requires agents to disclose any fault zones to buyers

A

Earthquake fault, zone act

105
Q

Requires developers to obtain Permits before developing a long designated coastal zones

A

California coastal act

106
Q

Provides grants to developers, who set conservation easements for grass land areas

A

Grassland protection act

107
Q

If the estate real commissioner finds the sale of a subdivision parcel to be violating the subdivided lands law. What can the developer do in the situation?

A

Write a request for hearing within 30 days to contest the order

108
Q

What do Subdivider selling land outside of California must follow in order to market land here?

A

The project must be registered with BRE
They can sell outside of the state, if registered with BRE and provide appropriate disclaimers
Developer must include disclaimers that property has not been examined by BRE
It is not required to provide maps of region, four zones when offering out-of-state subdivision interests

Real Estate (39 decks)

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