UNIT 3 - ENCUMBRANCES & TRANSFER OF OWNERSHIP

Question 1

specific lien

Answer 1

one that is placed against certain property

Question 2

accession

Answer 2

addition or reduction to property by efforts of natural forces

Question 3

accretion

Answer 3

gradual addition of land by natural deposition of alluvium

Question 4

alienate

Answer 4

convey/transfer

Question 5

avulsion

Answer 5

sudden loss or addition of land

Question 6

bequest

Answer 6

transfer personal property

Question 7

codicil

Answer 7

official way to modify a will

Question 8

notice of non-responsibility

Answer 8

If an owner discovers unauthorized work on the property, he/she must file this. This is a notice that must be recorded and posted on the property to be valid. This notice releases the owner from the liability for work done w/out permission. This must be recorded within 10 days after discovering the unauthorized work.

Question 9

instrument

Answer 9

a document in real estate (i.e. contract, deed, or will)

Question 10

instrument

Answer 10

a document in real estate

Question 11

express grant

Answer 11

the servient tenement grants the easement by deed or express agreement

Question 12

express reservation

Answer 12

seller of a parcel who owns adjoining land reserves an easment or right of way over the former property. This is created at the time of the sale with a deed or express agreement

Question 13

implied grant or reservation

Answer 13

The existence of an easement is obvious and necessary at the time a property is conveyed, even though no mention is made of it in the deed.

Question 14

reliction

Answer 14

gradual process of receding water uncovering land

Question 15

easement by prescription

Answer 15

created by continuous and uninterrupted use, by a single party, for a period of five years. The user must be against the owner’s wishes and be open and notorious. (the party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property)

Question 16

adverse possession

Answer 16

the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years.

Question 17

terminating easements

Answer 17

ADAM E. LEE
abandonment
destruction of the servient tenement
adverse possession
merger
express release (quitclaim deed)
legal proceeding (quiet title action)
estoppel
excessive use

Question 18

private restriction

Answer 18

placed by a present or past owners, and only affect specific property or development (CC&Rs)

Question 19

public restriction

Answer 19

zoning, affects land use, types of structures permitted, building heights, setbacks, and density.

Question 20

covenant

Answer 20

promise to do or not to do certain things. (penalty is money damages or injunction)

Question 21

injunction

Answer 21

a court order forcing a person to do or not do an act.

Question 22

condition

Answer 22

same as covenant, except penalty is return of property to the grantor.

Question 23

non-conforming use (zoning)

Answer 23

eg farmland rezoned for residential use. existing farms are non-conforming, but may continue to operate bc of grandfather clause.

Question 24

variance (zoning)

Answer 24

allowable difference to the zoning laws for structure or land use

Question 25

homestead

Answer 25

property exempt from the claims of, or eviction by, unsecured creditors.

Question 26

homestead exemption

Answer 26

a lien that protects a certain amount of equity in a person's home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judment

Question 27

homestead exemption

Answer 27

a lien that protects a certain amount of equity in a person's home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judgment

Question 28

adverse possession

Answer 28

the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years. requirements: 1. open possession 2. notoriious possession 3. continuous for 5 years 4. pay property tax 5 years 5. hostile 6. adverse to a claim of right

Question 29

automatic homestead

Answer 29

only applies on forced sale of the property

Question 30

declared homestead

Answer 30

recorded notice. does not protect personal property (mobile homes, houseboats)

Question 31

testator

Answer 31

person who makes a will

Question 32

intestate

Answer 32

person dies without a will

Question 33

probate

Answer 33

legal process to prove a will is valid

Question 34

succession

Answer 34

legal transfer of a person's interests in real and personal property under the laws of descent and distribution

Question 35

laws of descent

Answer 35

intestate decedent's property passes to his or her heirs.

Question 36

convey

Answer 36

transfer law/title

Question 37

convey

Answer 37

transfer law/title

Question 38

grant deed

Answer 38

must have granting clause, and 2 implied warranties by the grantor. 1. grantor has not already conveyed title to any other person 2. estate is free from encumbrances other than those disclosed by the grantor requirements of valid grant deed 1. must be written 2. parties to the transfer must be identified and described 3. grantor must be competent to convey 4. grantee must be capable of holding title 5. property must be adequately described 6. words of granting must be included 7. executed (signed) by the grantor 8. deed must be delivered to and accepted by the grantee

Question 39

constructive notice

Answer 39

Notice given by recording a document, or taking physical possession of the property

Question 40

chain of title

Answer 40

record of changes in ownership. it is why we record deeds.

Question 41

priority of a deed

Answer 41

the first to record a deed is the first in right.

Question 42

quitclaim deed

Answer 42

no warranties and transfers any interests the grantor may have at the time the deed is signed. It is often used to clear a cloud on the title

Question 43

cloud on title

Answer 43

any condition that affects the clear title of real property, or minor defect in the chain of title

Question 44

common law dedication

Answer 44

(IMPLIED) property owner implies through his or her conduct the intent that the public use the land

Question 45

statutory dedication

Answer 45

dedication made by private individual to the public. the owner follows procedures outlined in the subdivision map act

Question 46

operation of law

Answer 46

involuntary transfer

Question 47

partition action

Answer 47

court proceeding to settle a dispute between co-owners