Custom Quick CHapter 3 Flashcards
In the planning and engineering of a tract for subdivision purposes, a "cul-de-sac" is frequently employed. This term is in reference to the installation of A) recreation areas. B) drainage. C) streets. D) sewage disposal.
C) streets.
Which document is of importance in filing a mechanic's lien? A) Notice of Completion B) Notice of Cessation of Labor C) Notice of Nonresponsibility D) Any of these
D) Any of these
The sidewalks in a condominium are A) all of these. B) common areas. C) tarmacs. D) made at least four feet wide.
B) common areas.
Police power is a governmental right and would result in
A) deed restrictions in a subdivision.
B) judgments.
C) the taking of private property for the construction of a highway.
D) zoning standards.
D) zoning standards.
The government’s police power is the basis for zoning ordinances. The taking of private property is based on the government’s rights of eminent domain. Judgments result from the power of the judicial branch of government. Deed restrictions are private restrictions.
A builder bought a parcel of real estate that had an old home on it. The builder later removed the dilapidated old home, had the lot graded, and immediately obtained a construction loan secured by a deed of trust. During the construction period a painter was unpaid and filed a mechanic’s lien. Which statement is correct?
A) The trust deed takes priority because it was recorded before construction was completed.
B) The mechanic’s lien applies secondarily to the trust deed.
C) Mechanics’ liens always take priority over trust deeds.
D) The mechanic’s lien takes priority over the trust deed because the priority dates back to the time of start of construction.
D) The mechanic’s lien takes priority over the trust deed because the priority dates back to the time of start of construction.
Any mechanic’s lien takes its priority as of the date work first started on that project as a whole. Removing an old building from a site is a part of the work required for the construction of a new building. In order for a trust deed to take priority over a mechanic’s lien, the trust deed must be recorded before any work starts on the site.
In regard to property taxes, a tax lien would be A) on par with all others. B) superior to mortgages. C) inferior to mortgages. D) inferior to other private parties.
B) superior to mortgages.
Which is NOT a specific lien? A) Mechanic's lien B) Blanket mortgage C) Judgment lien D) Unrecorded property tax lien delinquent from prior years
C) Judgment lien
A judgment lien is a general lien on all property of the debtor not otherwise exempt by law. A property tax lien, a mechanic’s lien, and a blanket mortgage are all specific liens.
Davidson has an easement on Parkins's property. If Davidson is not a property owner, her easement is a(n) A) easement in gross. B) nonpossessory encroachment. C) appurtenant easement. D) restrictive easement.
A) easement in gross.
Davidson has a personal right to use Parkins’s property (servient tenement). Since Davidson does not own property, and therefore there is no dominant tenement, it is an easement in gross.
Real property taxes for the 2005-2006 fiscal year become a lien on A) November 1, 2005. B) December 10, 2005. C) January 1, 2005. D) February 10, 2006.
C) January 1, 2005.
The right to use and enjoy another's property short of an estate is an example of a(n) A) easement. B) subordination clause. C) leasehold. D) deed.
A) easement.
An easement is the right to use another’s property without payment. Although it is an interest in real property, it is not a “possessory” interest and therefore is not an estate.
Four people own a property as joint tenants. If two joint tenants die, what would be a TRUE statement?
A) One title will be held by the remaining joint tenants
B) The devisees and heirs could rent the property as tenants in common with the other two
C) Each survivor would own a separate and divided interest
D) A separate legal title to a tenancy in common would be held
A) One title will be held by the remaining joint tenants
A characteristic of a joint tenancy is that it is a “single” estate, that is, the original joint tenants, or the surviving joint tenants, own the estate as though they were one person.
Which would be LEAST likely to make the title of real property unmarketable?
A) Cloud on title through adverse possession of the property
B) Public restrictions under zoning ordinances and building codes
C) A lis pendens filed by the wife of the owner
D) Private restrictions in a deed
D) Private restrictions in a deed
Deed restrictions, as a rule, are initiated for the protection of property owners. They are reasonable limitations on ownership to safeguard property values. An owner is very unlikely to place restrictions on a property that would make the property unmarketable. Zoning is a legally imposed restriction on the use of the site. A site’s highest and best use may not necessarily be any of the uses designated by a zoning ordinance, thereby causing the property to be more unmarketable than in the case of private deed restrictions.
The housing and construction industry in California is governed by laws that include the
A) State Housing Law, Local Building Code, and Real Estate Law.
B) Contractor License Law, Local Building Code, and State Housing Act.
C) Health and Safety Code, State Housing Law, and Real Estate Law.
D) Housing and Community Development Act, Real Estate Law, and Health and Safety Code.
B) Contractor License Law, Local Building Code, and State Housing Act.
Deed restrictions for a subdivision are created by A) the local building commission. B) local building statutes. C) the planning commission. D) the developer or grantor.
D) the developer or grantor.
Deed restrictions are created by the grantor in the deed. For a new subdivision this would be the developer.
The customary procedure used to enforce private restrictions on real property is A) judgment. B) injunction. C) desist and refrain order. D) indictment.
B) injunction.
An injunction is a court order restraining or requiring performance by a party (e.g., performing acts required by property covenants or refraining from acts restricted by such covenants).
Which is the largest parcel of land? A) One mile by two miles B) 5,280′ × 10,560′ C) 1/10 of a township D) Four square miles
D) Four square miles
5,280′ × 10,560′: 5,280′ (1 mile) × 10,560′ (2 miles) = 2 sq. mi.
1/10 of a township: 0.10 (1/10th) × 36 sq. mi. (township) = 3.6 sq. mi.
Four square miles: 4 sq. mi.
One mile by two miles: 1 mile × 2 miles = 2 sq. mi.
How many square miles is a township?
36
How many feet are in a mile?
5,280
A commercial property no longer has a conforming use because it exists in an area where the zoning has been changed. The owner of this property has suffered a hardship because of the zoning change. What could the owner obtain as an exception to this new zoning that would be a benefit to him? A) A conditional use permit B) A variance C) Spot zoning D) Any of these
D) Any of these
The term potable refers to A) septic tanks. B) trust deeds. C) water. D) earth fill.
C) water.
Deed restrictions are A) constructive liens. B) all of these. C) general liens. D) encumbrances.
D) encumbrances.
Escheat is a legal term meaning A) an agent's license has been revoked. B) that a fraud has been committed. C) property under a trust deed may be reconveyed. D) property has reverted to the state.
D) property has reverted to the state.
The second installment of real property taxes would become due and delinquent on which date? A) November 1 and February 1 B) December 10 and April 10 C) February 1 and April 10 D) December 10 and February 1
C) February 1 and April 10
In most cases, the least satisfactory place to obtain a legal description of property is A) escrow instructions. B) a deed. C) a preliminary title report. D) a real property tax bill.
D) a real property tax bill.
Many counties in California use a description in the tax bill other than a legal description-that is, an “Assessor’s Parcel Number.”
What is the difference between real property taxes and assessment bonds?
A) Assessments have superiority over property taxes.
B) Assessments are subordinate to real estate taxes.
C) Special assessments are used for local improvements.
D) Special assessments are levied by special improvement districts only.
C) Special assessments are used for local improvements.
Mr. Able owned an unencumbered lot and decided to build. On May 2, the lumber company delivered $1,000 worth of lumber to the property. On May 3, he obtained a construction loan for $30,000 from People's Savings and Loan Association. The loan was recorded after the lumber was delivered. In June, more lumber was delivered and the completed structure was painted. In August, Mr. Able moved into the house. The lumber company could not collect its balance of $2,000 and the painter could not collect $4,000 for the painting. They each filed a mechanic's lien. If the property is sold at a foreclosure sale and nets $30,000, the amount received by People's Savings and Loan would be A) $30,000. B) $29,000. C) $24,000. D) nothing.
C) $24,000. $30,000 Net from foreclosure –6,000 Due materialmen and mechanics* $24,000 Balance to lender *Since material was delivered prior to recording of the deed, all lien claimants have priority over the trust deed.
The length of distance of a parcel abutting a thoroughfare would be considered the A) width of a lot. B) frontage of a lot. C) taxable width. D) front foot of a lot.
B) frontage of a lot.
A holder of a life estate can do all of these things with the estate EXCEPT A) encumber it further. B) sell it. C) will it. D) rent or lease it.
C) will it.
The holder of a life estate may do anything with his interest except will it, unless the length of the estate is measured by the life of a third party.
Private restrictions placed by a landowner may be in the form of covenants or conditions restricting or limiting the use of the land. Private restrictions may be created by
A) written agreement or zoning ordinance.
B) deed only.
C) deed or written ordinance.
D) deed or written agreement.
D) deed or written agreement.
In addition to municipal or county controls imposed through zoning ordinances and the Subdivision Map Act, other government controls are exercised by
A) agencies that insure and guarantee FHA and VA loans.
B) the California Bureau of Real Estate.
C) health, fire, and safety requirements.
D) all of these.
D) all of these.
The most distinguishable characteristic of personal property is
A) all of these.
B) being incidental or appurtenant to land.
C) mobility.
D) being affixed to land as a permanent part of the land.
D) being affixed to land as a permanent part of the land.
The California sales tax applies to A) all of these. B) ad valorem taxation. C) tangible personal property. D) real and personal property.
C) tangible personal property.
Why is a legal description recommended in a sales contract?
A) The seller may have other properties in the area
B) The lender requests it
C) For the title company to locate the property
D) To help cooperating salespersons to find the property
A) The seller may have other properties in the area
Neither a real estate sales contract or even a deed is required to have a “legal description”—only an “adequate description.” A description such as “My home in San Francisco” has been honored by a court when it could be shown that the grantor owned only one property in San Francisco. If the grantor had owned more than one parcel in that city, the court may not have been able to honor the deed. The reason a legal description is recommended is (1) it is the MOST adequate description, and (2) it is the best way to distinguish the specific property from all other properties.
Which "runs with the land"? A) Stock in a mutual water company B) All of these C) Appurtenant easements D) Covenants
B) All of these
All three of the choices given “run with the land.” Covenants are encumbrances that remain on the land when the property is transferred. Stock in a mutual water company and appurtenant easements name real property rights that are transferred with the land when property is transferred.
The basic legal tool a city will use for a layout plan is A) exceptions to general land usage. B) a conditional use permit. C) a variance. D) zoning.
D) zoning.
The governing authority of a city has the power to adopt ordinances for the preservation and protection of public health, safety, morals, or general welfare. The basic legal tool a city will use for a layout plan is zoning, an exercise of the police power of government.
On or before June 30 each year, property for which owners are delinquent in their taxes is declared in default. This date is important because
A) the power of sale on or before June 30 starts the five-year period of redemption.
B) the occupant of the property must vacate the premises within 90 days.
C) all of these are true.
D) interest on the delinquent taxes will begin from December 10.
A) the power of sale on or before June 30 starts the five-year period of redemption.
Annually, the tax collector publishes a notice of sale of real property for which taxes are delinquent. This is not a sale but a declaration of default denoting the beginning of a five-year redemption period. This declaration of default must be made on or before June 30, usually the last business day of the month.
Which is a requirement of joint tenancy?
A) All parties must have equal interests.
B) All parties must have the same right of possession.
C) All of these
D) The words “taken in joint tenancy” must be next to the names of the joint tenants.
C) All of these
When there is a gradual build-up of land as the result of action of water, it is termed A) erosion. B) accretion. C) avulsion. D) dereliction.
B) accretion.
Accretion is the gradual build-up of land as the result of the action of water. Avulsion (opposite) is the sudden tearing away of land by the violent action of a water course. Erosion is gradual wearing away of land by current, wind, or tide. Dereliction is land left uncovered by the receding of water from its former bed. This process also called reliction.
Whatever the purpose of a land survey, the resultant description should contain
A) a specific length and direction of the sides of the property.
B) all of these.
C) a definite point of beginning and definite parcel corners.
D) the area in accepted units of measure contained within the described boundaries.
B) all of these.
Which would be the best description of a fee simple absolute estate? A) Estate for years B) Estate of inheritance C) Greatest interest held in land D) Owning property
C) Greatest interest held in land
Fee simple absolute estate: both estate of inheritance and greatest interest held in land apply; however, greatest interest held in land best describes the absolute estate.
A city has sold an assessment bond for the improvement of streets in a certain area. Properties within that area are assessed
A) by the area.
B) by the size of the lot.
C) in proportion to services or benefits that the land would receive.
D) by the number of lots in the subdivision.
C) in proportion to services or benefits that the land would receive.
Assessments for bonds sold to finance the improvement of streets are made to each property in accordance with the benefits to be derived by the property owner.
Assessed value for property tax purposes in California is the full cash value as of the tax roll for 1975-1976, plus a maximum annual inflationary factor increase up to
2%
The words ingress and egress are related to A) easements. B) fee title. C) streams. D) utilities.
A) easements.
What does ad valorem mean? A) At will B) According to value C) To the use and benefit D) For life
B) According to value
Eminent domain and police power are governmental rights established by law. Which action would NOT be considered police power? A) Condemnation B) Subdivision development regulations C) Building regulations D) Zoning laws
A) Condemnation
The use of the power of eminent domain is often referred to as condemnation. Building regulations, zoning laws, and subdivision development regulations are all examples of police power.
Which instrument requires a list of inventory of buildings on real property to be sold, conveyed, or insured? A) None of these B) Grant deed C) Land contract D) ALTA
A) None of these
Neither a land contract, grant deed, nor ALTA policy of title insurance requires a listing of the buildings or improvements. A legal description is all that is required.
A wife signs an agreement to sell community real property. The contract as it applies to her and her husband is A) enforceable. B) void. C) voidable. D) illegal.
C) voidable.
An agreement to sell would be unenforceable against the marital community if signed by one spouse only. It would be voidable by the nonconsenting spouse for one year. This type of contract is not considered void, because there is consent of one of the parties.
Which is the highest form of ownership? A) Incorporeal freehold B) Fee simple defeasible C) Tenancy at will D) Fee simple absolute
D) Fee simple absolute
