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California Real Estate Principles 2020 > Unit 1-Property Ownership > Flashcards

Unit 1-Property Ownership Flashcards

1
Q

1-Section 4 contains how many acres?

A. 40
B. 160
C. 640
D. 43,560

A

C. 640

A section contains 640 acres

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2
Q

A Survey would do all of the following EXCEPT

A. Establish boundaries
B. Create legal descriptions
C. Reveal an illegal use such as a commercial use in a residential zone.
D. Find Encroachments

A

C. Reveal an illegal use such as a commercial use in a residential zone

A survey would not find an illegal use

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3
Q

Real estate is bought and sold based on

A. Street addresses
B. Property descriptions
C. Plat sizes only
D. Plats and parcels

A

B. Property descriptions

Realestate is bought and sold based on property descriptions also called legal descriptions

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4
Q

The definition of real estate includes

A. Land
B. Improvements
C. Rights
D. All of these

A

C. Rights

Realestate includes land, improvements, and rights

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5
Q

Which of the following would ordinarily be considered personal property?

A. Drapery Rods
B. Freestanding refrigerator
C. Built-in bookcase
D. Ceiling fan

A

B. Freestanding refrigerator

Personal property is not attached to real estate

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6
Q

All of the following are true about fixtures EXCEPT

A. Fixtures typically start as personal property
B. If the seller is going to keep a fixture, it must be excluded in the purchase agreement
C. Trade fixtures are treated the same as all other fixtures.
D. The intention, attachment, adaptation and agreement are all used to define a fixture

A

C trade fixtures are treated the same as all other fixtures

Trade fixtures are personal property and transfer with bill of sale

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7
Q

A developer bought a 100 acres parcel subdivide into one-acre home sites. Which of the following methods of legal description would BEST achieve the developer’s objectives?

A. Government survey
B. Monuments
C. Lot and block
D. Metes bounds

A

C lot and block

A subdivided (recorded) play is the simplest way to divide a large parcel into smaller lots

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8
Q

Which of the following is generally NOT a use classification established by municipal zoning?

A. Residential
B. Mixed
C. Commercial
D. Architectural

A

D. Architectural

The most common zoning classifications are residential, commercial, industrial/manufacturing, agricultural, and mixed use.

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9
Q

The method of legal description using a grid of ranges and tiers is called

A. Government survey
B. Metes and bounds
C. Informal reference
D. Street address

A

A. Government survey

The government survey (rectangular survey) established sections, townships, and ranges in the western United States

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10
Q

After completing the plat map, the developers next step is to

A. Request a certificate of occupancy
B. Pull the building permits
C. Record the plat map
D. Sell the lots

A

C record the plat map

After receiving the plat map, the second step is to record the map. Then the lots can be sold and building permits pulled

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11
Q

NONCONFORMING use is a term used in reference to property that

A. Extends over lot lines
B. Is in need of deferred maintenance
C. Doesn’t comply with current zoning requirements but may have been grandfathered in
D. Has not been recorded

A

C. Doesn’t comply with current zoning requirements but may have been grandfathered in

When a previously established use does not comply with require a new zoning ordinance, it may be allowed to continue only if the established use is not enlarged or expanded. Also the use may not be resumed after it has been discontinued.

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12
Q

A light industrial plant has been operating in compliance with its zoning classification. After a zoning change to single-family residential use, the owners of the industrial plant are permitted to

A. convert the building to condominiums
B. Continue the present use as long as that use is not enlarged or expanded
C. Build an addition to the plant
D. Rebuild the plant if it’s destroyed by natural causes

A

B. Continue the present use as long as that use is not enlarged or expanded.

When a previously established use does not comply with the requirements of a new zoning ordinance, it may be allowed to continue only if the established use is not enlarged or expanded. Also the use may not be resumed after it has been discontinued.

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13
Q

At which level are zoning restrictions set?

A. State
B. Federal
C. Local and state
D. Local

A

D. Zoning laws are set at the local level

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14
Q

Municipalities require submission of blueprints and construction plans before issuing a building permit

A. Provide evidence of compliance with building codes and other local regulations.

B. Prevent unfair competition

C. Maintain a list of active developers

D. Control the influx of builders from surrounding areas.

A

A

Building permits are required to ensure compliance with building codes and other local regulations.

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15
Q

A municipality has authorized the improvement of a particular property in a manner NOT authorized by the zoning ordinance. This is an example of a

A. Setback restriction
B. Buffer zone
C. Specific performance
D. Variance

A

D. Variance

Permission to vary or deviate from a zoning restriction comes in the form of a variance. Typically the type of variance in this case would be a conditional use or special use permit.

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16
Q

A tenant installed shelving as a part of her business. At the conclusion of the lease the tenant.

A. May remove the shelving only if she reimbursed the landlord.

B. Must leave the shelving because it is the landlords property

C. May remove the shelving and is not required to reimburse the landlord.

D. Must leave the shelving but may demand that the landlord reimburse her.

A

C. May remove the shelving and is not required to reimburse the landlord.

Shelving is an example of a trade fixture. Trade fixtures are the tenants personal property and may be removed by the tenants personal property and may be removed by the tenant at the conclusion of the lease.

17
Q

An area of land that separates two drastically differ t land use zones is a

A. Buffer zone

B. Setback

C. No conforming zone

D. Variance.

A

A. Buffer zone.

When adjoining or nearby properties are zoned for drastically different uses, municipalities for t create a buffer zone to separate them.

18
Q

The distance that a zoning ordinances requires between a property’s boundaries and it’s improvements is a

A. Buffer zone
B. Range
C. Frontage
D. Setback

A

D. The setback establishes the minimum distance between the boundaries and the improvements located on the property

19
Q

A method of property description using monuments, distances, and compass directions is the

A. Lot and block method
B. Metes-and-bounds method
C. Rectangular survey method
D. Maps and plats method

A

B. Metes-and-hounds method

Used distance and direction measurements to describe and boundaries of a property

20
Q

All of the following would be considered fixtures except

A. plumbing
B. Wiring
C. A built-in oven
D. Draperies

A

D-draperies are considered to be personal property because they are not attached

21
Q

The legal description that uses townships and sections is

A. Rectangular surveys
B. Metes and bounds
C. Lot and block
D. Township

A

A -rectangular surveys

A rectangular survey uses townships and sections to describe land.

22
Q

The principle of the doctrine of prior appropriation determines

A. Which users water rights have priority
B. Who owns the fixtures
C. How personal property is distributed
D. Who has access to water rights

A

A -the doctrine of prior appropriation determines which user’s rights have priority.

23
Q

Which of the following concepts would allow an owner to deviate from zoning regulations and run a day care center in her home in a neighborhood that is zoned residential?

A. Setback
B. NONCONFORMING use
C. Master plan
D. Special use

A

D. Special use

Is the type of variance that allows for different uses of property

24
Q

The document of confirming that a new building has met all the minimum building standards and is the final regulatory step in the process of offering new construction for sale is called a

A. Building permit
B. Certificate zoning
C. Building code
D. Certificate of occupancy

A

D. A certificate of occupancy is the final step to show that a new busking meets minimum building standards.

25
Q

A buyer wants to use a residential property for a small business. Before closing, the buyer should

A. Apply for a special use permit
B. Check the zoning to determine if the use is allowed
C. Call an attorney to request a variance
D. Apply for a sales tax license.

A

B-the buyer is expected to verify that the zoning of the property will meet the intended use

26
Q

Which of the following BEST defines a plat?

A. A method of legal description using sections, townships, and ranges

B. An informal reference to properties in a neighborhood

C. A document used to record a subdivision of land

D. An instrument used by surveyors to locate property boundaries

A

C. A document used to record a subdivision of land

27
Q

Which of the following is true about mineral rights?

A. They represent an interest in personal property
B. They are often held by a third party
C. They belong to the state
D. Solid mineral rights are an interest in real estate and liquid minerals are considered personal property

A

B-

In a sale the seller retains the mineral rights and sells them separately from the surface rights, the new buyer who now holds the subsurface mineral rights is called the third party.

28
Q

A fixture is defined as

A. Personal property attached to real property

B. A lien of record

C. Chattel

D. An encumbrance

A

A.

Fixtures are personal property that are attached to improvements

29
Q

The seller and buyer have negotiated an offer back and forth. In the original offer the buyer asked for the seller’s hot tub which the seller had excluded from the market which the seller had excluded from the marketing, MLS listing, and listing contract. In the final accepted offer, the hot tub is not mentioned. Who will own the hot tub at closing?
A. The seller because the seller gave notice in the marketing and the MLS listing and the listing broker was aware of the exclusion
B. The buyer because the hot tub is automatically transferred with the property because it is personal property
C. The buyer; the seller would be in breach if the hot tub was removed
D. The seller because it was excluded in the listing

A

C. The hot tub is a fixture and cannot be removed without the seller being in breach because the seller did not specifically exclude it in the purchase agreement.

30
Q

Zoning controls are set at the state or federal level

True or false?

A

False

Zoning laws and ordinances are set at a a local (city or county level)

31
Q

Which method of legal description uses plat maps?

A. Informal description by street address or rural route
B. Lot and block
C. Government survey
D. Metes and bounds

A

B. Lot and block

The lot and block (recorded plat) method of description uses plat maps to show the location and boundaries of individual lots in a land subdivision

California Real Estate Principles 2020 (2 decks)

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