Deck 1

Question 1

Appurtenances

Answer 1

“property rights or items that are permanent and are passed along with the sale of the property.”

Appurtenances refer to additions to a house that have become permanent, such as improvements or rights that become a permanent part of the entity at large. These additions are considered part of the property transaction. They are often seen as an added bonus when purchasing a new house. Therefore, they are recognized as a part of the larger entity. They cannot be temporary items or pieces of equipment that belong to an individual.

Question 2

Personal property is transferred by…

Answer 2

Bill of sale

Question 3

Chattel

Answer 3

Personal property

Question 4

Are trade fixtures real or personal property?

Answer 4

Always personal

Question 5

Easements

Answer 5

Right to use another land as an encumbrance on their title… dominant benefits.. servient is burdened

Question 6

Prescriptive easement

Answer 6

Right is gained thru use

Question 7

Easement in gross

Answer 7

Belongs to individual… not land (utility company)

Question 8

General lien

Answer 8

Judgement, income tax filed against individual that applies to all real estate owned by them

Question 9

Fee estates

Answer 9

Inheritance or perpetual estates

Question 10

Estate for years vs period to period

Answer 10

Estate for years has a fixed term and termination date

Question 11

A copy of signed lease must be given o lessee within…

Answer 11

15 days

Question 12

What is “PETE”?

Answer 12

Government powers
Police power
Power of eminent domain
Power to tax
Escheat

Question 13

Three baseline and meridians systems in CA

Answer 13

Humboldt - north
Mt Diablo - central
San Bernardino - south

Question 14

Accession vs alluvium vs avulsion

Answer 14

Accession - adds land
Alluvium - boundary changed due to relocation of a river
Avulsion - increase or decrease solid due to water

Question 15

How many acres in a section?

Answer 15

640

Question 16

Zoning cannot apply to…

Answer 16

existing structures… only those to be built

Question 17

Quiet title

Answer 17

Court action to clear flounder on a property’s title

Question 18

Lead based paint disclosures for all proprieties built prior to

Answer 18

1978

Question 19

Agency by Estoppel

Answer 19

Principal does not stop an agent from going above and beyond their duty… a supposed relationship

Question 20

When a broker uses client funds for personal purposes

Answer 20

Conversion

Question 21

Subrogation

Answer 21

Substituting of one person or group by another

Question 22

Township

Answer 22

Note that a township has 36 square miles, and each section is one square mile. One square mile equates to 640 acres.

Question 23

Deed vs Title

Answer 23

A deed is evidence of transferred ownership…
Deed is a physical document… a title is a concept of their ownership.

Deed - book
Title - title

Title gives legal right to buy or sell a property

Deed - description of property, name is seller, name of buyer

Question 24

Agency relationship - acronym

Answer 24

“OLD CAR”
OBEDIENCE
LOYALTY
DISCLOSURE
CONFIDENTIALITY
ACCOUNTING
REASONABLE CARE

Question 25

Bundle of Rights

Answer 25

“DEEPC”
RIGHT OF…
Disposition
Enjoyment
Exclusion
Possession
Control

Question 26

How many acres in a township?

Answer 26

23,040 acres

Question 27

Types of Freehold estates

Answer 27

Ownership for undefined amount of time
1. Fee simple absolute - greatest interest in ownership
2. Fee simple defeasible - grantor places condition for next owner (determinable - conditions,
3. Life estate - time limitation (grantee cannot leave at will)

Question 28

1031 exchange

Answer 28

Like for like… investment only
45 day rule - sale property and other property designated
180 day rule - sale of old and new property

Question 29

General warranty vs special warranty

Answer 29

General is full warranty.. special is limited to only while they owned it

Question 30

Habendum clause

Answer 30

Property rights transferred —
“Have and to hold”

Question 31

Subordination clause

Answer 31

Section that states repayment will take priority over others

Question 32

Unruh Act

Answer 32

Title: Unruh Civil Rights Act 1959
Jurisdiction: California
Prohibits: Discrimination
Based on: Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation

Question 33

Rumford Act

Answer 33

Rumford Fair Housing Act
Jurisdiction: California
Enacted: 1963
Purpose: Fair housing and anti-discrimination

Question 34

1968 Civil Rights Act

Answer 34

Title XIII

The Civil Rights Act of 1968, also known as the Fair Housing Act, is a pivotal piece of federal legislation enacted in 1968 that seeks to combat housing discrimination in the United States. This landmark law prohibits housing-related discrimination based on race, color, religion, sex, national origin, disability, and familial status. Its primary objective is to ensure equal housing opportunities for all individuals, regardless of their background, and to eliminate discriminatory practices in real estate transactions. The Act serves as a cornerstone of fair housing laws, complementing state-level regulations like the Unruh and Rumford Acts in California, and it plays a crucial role in promoting housing equality and preventing discrimination in the housing market.

Question 35

Civil rights act of 1964

Answer 35

Voter rights

The Civil Rights Act of 1964 is a landmark piece of U.S. federal legislation enacted in 1964. This historic law is a cornerstone of civil rights legislation and is instrumental in combating discrimination based on race, color, religion, sex, or national origin. It prohibits unequal treatment in various areas, including public accommodations, employment, and federally funded programs. The Act’s Title VII specifically addresses employment discrimination, making it illegal to discriminate on the basis of the mentioned factors in workplaces. The Civil Rights Act of 1964 is a pivotal part of the civil rights movement and has had a profound and lasting impact on promoting equality and civil rights in the United States.

Question 36

What requires real estate to be in writing?

Answer 36

Statute of Frauds

Question 37

Surrender

Answer 37

Mutual cancellation of a lease agreement

Question 38

Allodial system

Answer 38

System used by USA

The allodial system, also known as “allodial title” or “allodial land tenure,” is a property ownership system in which an individual or entity holds absolute, unqualified ownership of land or real estate. Under the allodial system, property owners have full and complete rights to their land, including the right to use, transfer, and exclude others from it, without any obligation to a higher authority, such as a feudal lord or the government. This is in contrast to many modern property systems, where land ownership is often subject to various forms of taxation and regulation by the government. The allodial system is relatively rare in contemporary legal and property systems, and most land ownership today involves some level of government oversight and taxation.