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REST 50 > UNIT 3 - ENCUMBRANCES & TRANSFER OF OWNERSHIP > Flashcards

UNIT 3 - ENCUMBRANCES & TRANSFER OF OWNERSHIP Flashcards

1
Q

specific lien

A

one that is placed against certain property

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2
Q

accession

A

addition or reduction to property by efforts of natural forces

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3
Q

accretion

A

gradual addition of land by natural deposition of alluvium

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4
Q

alienate

A

convey/transfer

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5
Q

avulsion

A

sudden loss or addition of land

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6
Q

bequest

A

transfer personal property

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7
Q

codicil

A

official way to modify a will

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8
Q

notice of non-responsibility

A

If an owner discovers unauthorized work on the property, he/she must file this. This is a notice that must be recorded and posted on the property to be valid. This notice releases the owner from the liability for work done w/out permission. This must be recorded within 10 days after discovering the unauthorized work.

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9
Q

instrument

A

a document in real estate (i.e. contract, deed, or will)

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10
Q

instrument

A

a document in real estate

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11
Q

express grant

A

the servient tenement grants the easement by deed or express agreement

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12
Q

express reservation

A

seller of a parcel who owns adjoining land reserves an easment or right of way over the former property. This is created at the time of the sale with a deed or express agreement

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13
Q

implied grant or reservation

A

The existence of an easement is obvious and necessary at the time a property is conveyed, even though no mention is made of it in the deed.

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14
Q

reliction

A

gradual process of receding water uncovering land

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15
Q

easement by prescription

A

created by continuous and uninterrupted use, by a single party, for a period of five years. The user must be against the owner’s wishes and be open and notorious. (the party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property)

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16
Q

adverse possession

A

the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years.

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17
Q

terminating easements

A 
ADAM E. LEE
abandonment
destruction of the servient tenement
adverse possession
merger
express release (quitclaim deed)
legal proceeding (quiet title action)
estoppel
excessive use
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18
Q

private restriction

A

placed by a present or past owners, and only affect specific property or development (CC&Rs)

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19
Q

public restriction

A

zoning, affects land use, types of structures permitted, building heights, setbacks, and density.

20
Q

covenant

A

promise to do or not to do certain things. (penalty is money damages or injunction)

21
Q

injunction

A

a court order forcing a person to do or not do an act.

22
Q

condition

A

same as covenant, except penalty is return of property to the grantor.

23
Q

non-conforming use (zoning)

A

eg farmland rezoned for residential use. existing farms are non-conforming, but may continue to operate bc of grandfather clause.

24
Q

variance (zoning)

A

allowable difference to the zoning laws for structure or land use

25
Q

homestead

A

property exempt from the claims of, or eviction by, unsecured creditors.

26
Q

homestead exemption

A

a lien that protects a certain amount of equity in a person’s home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judment

27
Q

homestead exemption

A

a lien that protects a certain amount of equity in a person’s home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judgment

28
Q

adverse possession

A

the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years.

requirements:

  1. open possession
  2. notoriious possession
  3. continuous for 5 years
  4. pay property tax 5 years
  5. hostile
  6. adverse to a claim of right
29
Q

automatic homestead

A

only applies on forced sale of the property

30
Q

declared homestead

A

recorded notice. does not protect personal property (mobile homes, houseboats)

31
Q

testator

A

person who makes a will

32
Q

intestate

A

person dies without a will

33
Q

probate

A

legal process to prove a will is valid

34
Q

succession

A

legal transfer of a person’s interests in real and personal property under the laws of descent and distribution

35
Q

laws of descent

A

intestate decedent’s property passes to his or her heirs.

36
Q

convey

A

transfer law/title

37
Q

convey

A

transfer law/title

38
Q

grant deed

A

must have granting clause, and 2 implied warranties by the grantor. 1. grantor has not already conveyed title to any other person
2. estate is free from encumbrances other than those disclosed by the grantor

requirements of valid grant deed

  1. must be written
  2. parties to the transfer must be identified and described
  3. grantor must be competent to convey
  4. grantee must be capable of holding title
  5. property must be adequately described
  6. words of granting must be included
  7. executed (signed) by the grantor
  8. deed must be delivered to and accepted by the grantee
39
Q

constructive notice

A

Notice given by recording a document, or taking physical possession of the property

40
Q

chain of title

A

record of changes in ownership. it is why we record deeds.

41
Q

priority of a deed

A

the first to record a deed is the first in right.

42
Q

quitclaim deed

A

no warranties and transfers any interests the grantor may have at the time the deed is signed. It is often used to clear a cloud on the title

43
Q

cloud on title

A

any condition that affects the clear title of real property, or minor defect in the chain of title

44
Q

common law dedication

A

(IMPLIED) property owner implies through his or her conduct the intent that the public use the land

45
Q

statutory dedication

A

dedication made by private individual to the public. the owner follows procedures outlined in the subdivision map act

46
Q

operation of law

A

involuntary transfer

47
Q

partition action

A

court proceeding to settle a dispute between co-owners

REST 50 (13 decks)

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