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Flashcards in Real property in CA Deck (25)
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What's right to encumber?

Right to borrow $ against value of property


Which of the following is FALSE?

A. There're 2 types of freehold estates: fee simple and life estate
B. Freehold estate may continue for indefinite period or limited to specific period
C. Life estate holder can sell/rent/encumber/dispose of said property.
D. LIfe estate holder can convey said property by will.

D. Life tenant has all fee estate ownership rights EXCEPT conveyance by will. If life estate is sold, then any interest becomes invalid upon the death of person on whom life estate is measured.


Which 2 types of leasehold estates does not require notice to vacate?
A. Estate at will
B. Estate from period to period
C. Estate at sufferance
D. Estate for years

C and D. Estate for years does not require notice b/c contract already has definite termination date
Estate at sufferance does not require notice b/c tenant already staying past lease.


What's dual nature of the lease?

A lease is both a conveyance and contract.


Max. security deposit $ for unfurnished property in CA?

Max. security deposit $ for furnished property in CA?

2 mon rent for unfurnished security deposit.

3 mon rent for furnished security deposit


How many of days do landlords have to return tenant's security deposit?

21 days.

Security deposits can cover cleaning costs and future costs due to tenants' breaching lease agreement


What's Right fo Appropriation/Doctrine of Prior Appropriation?

Allows state to allocate non-riparian property owners to take water for their own use.
EX: water permits for agricultural use


Which of the follow is FALSE?

A. Littoral rights for navigable waters do not own water/land beneath
B. Riparian rights for navigable water own lands beneath water up to midpoint
C. Littoral ownership extends to high water mark of body of water
D. Riparian rights for navigable water extends to water's edge and doesn't include land underneath

B. if water is navigable, state owns water and land underneath. Riparian rights for land underneath until midpoint only if water is non-navigable.


What are emblements? Are they real/personal property?

Emblements are cultivated crops and are considered personal property. Emblements are crops grown with intention to be sold.

Ex: peach orchard, the peach trees are real property, but the peaches grown on the trees are personal property.


What are appurtenances? Are they real/personal property?

An appurtenance is anthing used with land for its benefit. They comes w/land and are real property.

Ex; easement


Test to determine whether an item is considered a fixutre.


Method of attachment
Relationship of the parties
intention of attachment
Agreement of parties


What are the methods to describe land?

A. lot, block and tract system/subdivision system
B. Metes and bounds
C. US gov section and township survey
D. All of the above.



What is a plat map?

Map that shows divisions within the lot, block and tract system.

Tract largest area on plat map, lots smallest


Which of the following is FALSE?

A. Metes and bounds system is less accurate than lot/block/tract system and US Gov Section and Township survey
B. Bounds can not be artificial features like stakes
C. Metes describes distance/measurement between 2 points/landmarks
D. One can avoid ambiguity in metes and bounds system by replacing bounds w/compass direction and distances, aka Coordinate Geometry

B. Bounds can be artificial or natural features

Ex: roads, stakes, lakes, boulders and trees.


Which of the following is FALSE?

A. Principal meridians run N and S
B. Most of the land in the US is described using US Gov. Section and Township Survey system, aka Gov Survey Method or Rectangular Survey System
C. For irregular shaped lands, US Gov Section and Township Survey system is inadequate, full legal description must include a mete and bounds/lot and block description as well
D. Baselines/Parallels run N and S

D. Baselines run E and W, they are horizontal. Baselines, aka base parallels is the designated line for identifying townships.


What are benchmarks?

Local elevation markers used by surveyors to provide reference elevations for nearby properties


What are datums?

Standard elevation reference points used by surveyor to establish elevation for an area


Are leasehold estates real or personal property?

Are freehold estates real or personal property?

Leasehold estates are personal properties.

Freehold estates are real properties.


Which of the following is FALSE?

A. Tier/township strip is the E-W area btw 2 parallels
B. All tiers are 6 miles wide
C. All ranges are 6 miles wide
D. Range is the E-W area btw 2 parallels

D. Range is the N-S area btw 2 meridians.


What's the area of a township? How many sections does a township contain?

36 sq. miles


What's the area of a section?

1 sq. miles or 640 acres or 1/36 of a township


What's a condition precedent?

Condition that requires sth. to occur before transaction becomes absolute and enforceable

Ex: sale that contingent on clearing up lien


What's a condition subsequent?

Condition in fee simple defeasible estate, if said condition occurs in future, can cause property ownership to revert to grantor


What's doctrine of correlative user?

Doctrine that states property owner may use only reasonable amt of total underground water supply


Name the area of CA each of the meridian/baseline pair belong to:

A. Humboldt
B. Mt Diablo
C. San Bernardino

Humboldt - NW CA
Mt Diablo - Most of N and Central CA
San Bernadino - SoCal