Deck 1 Flashcards
(38 cards)
Appurtenances
“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.
Personal property is transferred by…
Bill of sale
Chattel
Personal property
Are trade fixtures real or personal property?
Always personal
Easements
Right to use another land as an encumbrance on their title… dominant benefits.. servient is burdened
Prescriptive easement
Right is gained thru use
Easement in gross
Belongs to individual… not land (utility company)
General lien
Judgement, income tax filed against individual that applies to all real estate owned by them
Fee estates
Inheritance or perpetual estates
Estate for years vs period to period
Estate for years has a fixed term and termination date
A copy of signed lease must be given o lessee within…
15 days
What is “PETE”?
Government powers
Police power
Power of eminent domain
Power to tax
Escheat
Three baseline and meridians systems in CA
Humboldt - north
Mt Diablo - central
San Bernardino - south
Accession vs alluvium vs avulsion
Accession - adds land
Alluvium - boundary changed due to relocation of a river
Avulsion - increase or decrease solid due to water
How many acres in a section?
640
Zoning cannot apply to…
existing structures… only those to be built
Quiet title
Court action to clear flounder on a property’s title
Lead based paint disclosures for all proprieties built prior to
1978
Agency by Estoppel
Principal does not stop an agent from going above and beyond their duty… a supposed relationship
When a broker uses client funds for personal purposes
Conversion
Subrogation
Substituting of one person or group by another
Township
Note that a township has 36 square miles, and each section is one square mile. One square mile equates to 640 acres.
Deed vs Title
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
Agency relationship - acronym
“OLD CAR”
OBEDIENCE
LOYALTY
DISCLOSURE
CONFIDENTIALITY
ACCOUNTING
REASONABLE CARE