(1) Property Ownership & Land Use Controls & Regulations (15%) (75%)

The Technical definition of real property includes? A - Anything Movable by Law B - Chattel Real C - Method of Acquisition D - The right to possess and use to the exclusion of others

A - Anything Movable by Law Real Property includes land, appurtenances, that is affixed to the land. and that which by law is immovable.

The Real Estate Commissioner's Authority to and enforce the Real Estate Law is called: A - The Commissioner's Regulations B - State Legislation C - Judicial Precedent D - The Civil Code

A - The Commissioner's Regulations The Real Estate Commissioner issues regulations (Commissioner's regulations) to aid in the administration and enforcement of the real estate law

Emblements refers to: A - Bushes B - Crops C - Fixtures D - Fences

B - Crops Emblements - Vegetable chattels called emblements are the crops of the earth produced annually, not spontaneously, by labor and industry.

The doctrine of constructive severance applies to: A - removal of fixtures B - sales of growing crops C - removal of trade fixtures D - Moving of buildings

B - sales of growing crops Doctrine of Constructive Severance - When growing crops are sold, they are legally considered severed

Identifying property as "personal" or "real" can be difficult because personal property can A - be alienated B - Be Transferred C - Become real property D - All of these

C - Become real property Property whether real or personal, may undergo a change of class, as when PERSONAL PROPERTY CAN BECOME REAL PROPERTY. The emphasis of this question is WHY IT CAN BE DIFFICULT TO IDENTIFY PROPERTY AS REAL OR PERSONAL so (c) is the correct answer not (d).

All of the following are factors considered when determining whether an item of property has become real property except? A - Agreement between the parties B - Method of Attachment C - Cost of the article D - Intention of the Parties

C - Cost of the Article See MARIA Acronym

California Real Estate Law Originated From? A - DRE Regulations B - Spanish Law C - English Common Law D - European Law

C - English Common Law In General, California's Laws relating to real estate originated from ENGLISH COMMON LAW

Property is: A - Real if an estate B - personal if a fixture C - Personal if other than real D - All of these

C - Personal if other than real Personal Property - One of the most basic definitions of personal property is all property is personal if not real.

The classical definition of property ownership is ownership of: A - The surface only B - horizontal and vertical areas above and below the property C - everything below the property in the shape of an inverted pyramid with its apex at the center of the earth and infinite airspace D - all that one can perceive

C - everything below the property in the shape of an inverted pyramid with its apex at the center of the earth and infinite airspace This is the CLASSICAL DEFINITION of ownership of land. Modern day, practical theory, prohibits exercising absolute control beyond a reasonable distance above and below the surface of the land.

Which "runs with the land?" A - Stock in a mutual water company B - Covenants made for the benefit of the Land C - Easements appurtenant D - All of These

D - All of These All of these RUN WITH THE LAND, including the mutual water company stock which is inseparable. ("Run with the land" refers to the rights and covenants in real estate deed that remain with the land regardless of ownership... The rights are tied to the property (LAND) and no to the owner and move from deed to deed as the LAND is transferred from one owner to another)

Which of the following is considered real property? A - Land & Buildings B - Artificial items which are immovable by law C - Easements that convey rights-of-way over adjoining land D - All of the Above

D - All of the Above REAL PROPERTY includes land, that which is attached to it (physically or legally) and appurtenances (WHICH INCLUDE EASEMENTS)

Personal Property can never: A - Become Real Property B - Be Hypothecated C - Be Alienated D - None of These

D - None of These Personal property sometimes becomes real property when affixed to real property. It can be hypothecated, as when a person borrows on a car and hypothecates the title. It can be alienated or conveyed to someone else.

All of the following are considered real property EXCEPT: A - Air space B - Ground Water C - Growing Trees D - Trade Fixtures

D - Trade Fixtures TRADE FIXTURE is an article of PERSONAL PROPERTY annexed or affixed to leased premises by the tenant as a necessary part of the tenant's trade or business

Personal Property becomes real property when? A - Transferred B - Hypothecated C - It is fully depreciated D - Trust Deed

D - Trust Deed Property, whether real or personal, may undergo a change of class, as when personal property readily movable becomes IMMOVABLE by becoming PERMANENTLY AFFIXED to land or improvements.

Which of the following is considered personal property? A - Land B - Physical Improvements C - Growing Trees D - Trust Deeds

D - Trust Deeds A Mortgage or Trust Deed is PERSONAL PROPERTY (as it is a lien)

The most important test of fixture is? A - method of attachment B - cost of installation C - adaptability of the item D - intention of the parties

D - intention of the parties

Which of the following is NOT appurtenant to real estate? A - Growing Trees B - Buildings C - Fences D- Trade Fixtures

D- Trade Fixtures Appurtenant - means belonging to; adjunctive; appended; or annexed to -> trade fixtures do not transfer with the property