Chapter 1 Lesson 4

Question 1

deed restrictions

Answer 1

commonly used when selling part of a lot, are promises in deeds by private grantors to control land use

Question 2

deed restriction could…

Answer 2

limit the use of sold land to a single-family residence

Question 3

To make a restriction enforceable must be

Answer 3

recorded in the public records of the county where prop is located

Question 4

Subject to the restriction

Answer 4

covenant is in the chain of title in public records, future buyers take title _____ ___ _________, even if it is not explicitly stated in the deed

Question 5

Deed restrictions are void if…

Answer 5

unlawful, impossible to perform, or in restraint of alienation

Question 6

alaientation

Answer 6

refers to the transfer of ownership from one person to another

Question 7

restraint on alienation

Answer 7

is an attempt in a deed or will to prevent the sale or other transfer of real properyt

Question 8

Deed restriction prohibiting for sale signs is…

Answer 8

illegal

Question 9

restrictive covenants that relate to the use, maintenance, or improvement of the real property are…

Answer 9

appurtenant (attached into indefinite future)

Question 10

Run with the land

Answer 10

could last in perpetuity

Question 11

Chain of Title

Answer 11

the chronological succession of changes in ownership to a piece of property from one owner to the next, as disclosed in the public record

Question 12

Deed restriction can establish a…

Answer 12

defeasible fee estate

Question 13

defeasible fee estate (qualified fee estate)

Answer 13

grantor imposes a condition or requirement in the deed

Question 14

Failuree to meet defeasible fee estate could result in…

Answer 14

termination of ownership, and title may revert to the grantor or their heirs

Question 15

Discriminatory Covenants

Answer 15

have been legal and enforceable in the past

Question 16

Shelley v. Kraemer

Answer 16

Shelley (Af Am) Kraemer (Cau) Supreme Court recognized priv covenants, ruling didn’t explicitly prohibit discriminatory private deed restrictions, 1968 Fair Housing Act resolved the issue by prohhib citing discriminatory acts

Question 17

All discriminatory deeds are now…

Answer 17

cold and unenforceable

Question 18

CC&Rs

Answer 18

Covenants, conditions, and restrictions

Question 19

CC&Rs aim to…

Answer 19

maintain a uniform character in the subdivision, protect home market values, and ensure property upkeep (recorded in county where property is located)

Question 20

Subdivision CC&Rs virtually never…

Answer 20

require the owner to forfeit the title to the property

Question 21

Common CC&Rs include

Answer 21

exterior colors, limits outdoor antennas, landscaping, rules for parking large vehicles, garage door opening times, prohibitions on auto repairs on streets/driveways, backyard fences, approval for exterior changes, and yard signs/decor

Question 22

When covenants differ from zoning regulations on particular matter…

Answer 22

more restrictive use will prevail

Question 23

Doctrine of Laches

Answer 23

the loss of a right due to undue delay or failure to assert

Question 24

Private restriction may be unenforceable in court if…

Answer 24

too many neighbors have already violated a restriction without consequence, an old restriction was never reaffirmed

Question 25

Easement

Answer 25

right to use land

Question 26

Easement may be...

Answer 26

public, private, in deed or separate agreement, affirmative, negative, ingress, egress

Question 27

Appurtenance

Answer 27

is a right or benefit associated with the ownership of real property

Question 28

Appurtenant easement

Answer 28

involves 2 separately deeded parcels that are owned by different parties

Question 29

servant tenement

Answer 29

burdened parcel of land

Question 30

dominant tenement

Answer 30

benefited parcel of land

Question 31

An appurtenant easement...

Answer 31

runs with the land

Question 32

Easement in gross

Answer 32

involves only one specific parcel of land and benefits a person not another parcel of land

Question 33

With an easement in gross, there is no...

Answer 33

dominant tenement

Question 34

Easements in gross are most commonly held by the...

Answer 34

government and public utilities for commercial purposes and may be assigned to others

Question 35

Easements in gross can also be granted to...

Answer 35

a natural person for noncommercial purposes, terminate upon the death of the dominant person

Question 36

Easement by Express Grant

Answer 36

deed/written agreement, must be unwriting + comply with all other requirements to convey an interest in land

Question 37

Easement by Express Reservation

Answer 37

reserve an easement or right of way over their former property at the time of the sale, must be made in writing

Question 38

Easement by Implication

Answer 38

implied grant or an implied reservation when the property is conveyed, long-standing apparent use that is necessary to enjoy the land, but the easement in not indicated in the deed

Question 39

Easement by Necessity

Answer 39

completely landlocked and has no access, requires property owner to obtain permission or a court order from the dominant tenant, can be terminated if an alternative entrance or exit becomes available

Question 40

Easement by Prescription

Answer 40

open, notorious, hostile, and uninterrupted us of another person's land for a specific period of time determined by state law, use must be obvious and unconcealed

Question 41

Easement by Condemnation

Answer 41

government's interest in real property, gov appropriates someone's property to create an easement, not to gain ownership

Question 42

licensees must proactively...

Answer 42

inquire about known easements and use public sources to identify existing easements, ensuring a clear understanding for buyers

Question 43

Terminating: Express release

Answer 43

owner of a dominant tenement signs a document, such as a quitclaim deed, that expressly releases their interest, always recorded

Question 44

Terminating: Merger

Answer 44

dominant and servant tenements are merged under the ownership of one person

Question 45

Terminating: Abandonment

Answer 45

owner obviously and intentionally surrenders it

Question 46

Terminating: Failure of Purpose

Answer 46

purpose for which it was created no longer exists

Question 47

Terminating: Destruction

Answer 47

servant tenement is involuntarily destroyed

Question 48

Terminating: Court Action

Answer 48

owner of the servant tenement files a quiet title action in the courts against the owner of the dominant tenement, court action to remove a cloud on the title

Question 49

Terminating: Prescription or Estoppel

Answer 49

lost after a specified number of years of non-use

Question 50

license

Answer 50

offers temporary, revocable permission for specific purposes but doesn't create property interest, doesn't run with the land

Question 51

encroachment

Answer 51

involves unauthorized intrusion of a permanent object onto another's property, leading to potential legal action for removal neither are considered encumbrances not temp and removable by owner