Land Use Controls and Regulations

Which of the following is the least enforceable requirement of a subdivision improvement? A - A minimum dollar value B - A minimum lot size C - A minimum area requirement D - A maximum height restriction

A - A minimum dollar value The other choices are common and enforceable. It would be very difficult to enforce a requirement stating one had to spend a certain amount of money in the improvements as one may be able to build just as beautiful and big a house as someone else and for less money.

If a zoning law permits the use of a piece of property that is restricted in use and construction by the deed, which of the following prevails? A - Deed restrictions B - The master zoning law C - The variance permit D - The owner's planned use

A - Deed restrictions Deed restrictions will take precedence over zoning laws if the deed restriction is more stringent than the zoning law.

Which of the following is not an encumbrance? A - Homestead B - Lien C - Encroachment D - Easement

A - Homestead A homestead is the only one which adds to the rights of the owner of the subject property. The others infringe or impose upon the benefit or advantage of others.

How is a private restriction enforced? A - Injunction B - Desist and refrain C - Attachment D - Any of the above

A - Injunction The penalty for a breach of a private restriction is usually money damages or an injunction. An injunction is a court order forcing a person to do or not do an act, such as violating a private restriction.

Which of the following terms is most commonly used in California in reference to liens against real property? A - Specific B - Gross C - Personal D - Appurtenant

A - Specific Statutory liens for taxes and liens such as mortgages, deeds of trust, and mechanic's liens are all specific.

The written instrument used to create land restrictions for the benefit of lot owners in a new subdivision is: A - declaration of restrictions. B - a blanket deed of restrictions. C - an order of desist and refrain. D - a blanket quit claim deed.

A - declaration of restrictions. Restrictions for a new subdivision are listed in a recorded Declaration of Restrictions.

A certain easement lies outside of and adjoins the land which it benefits. The land benefited would be the: A - dominant tenement. B - servient tenement. C - encumbered fee. D - property subject to the easement.

A - dominant tenement. The owner of the easement controls the use of the adjoining land and dominates its use. The property subject to the easement serves the easement holder.

The personal, revocable, and unassignable permission of authority to do one or more acts on the land of another possessing any interest therein is a(n): A - license. B - easement. C - encumbrance. D - option.

A - license. A license is permission or authority to do a particular act on the land/property of another, usually on a nonexclusive basis. A license is a personal, revocable and nonassignable right.

Who places the restrictions in a deed to a condominium unit in a new subdivision? A - Local planning commission B - Project developers C - Elected governing board D - Unit owners

B - Project developers Deed restrictions are normally placed in the deed by the subdivider-the original grantor. Project developer is the term used for the subdivider of a condominium project.

Of the following, which would not be a blanket encumbrance in a subdivision? A - Deeds of trust or mortgages B - Subdivision lots improvement assessment bond C - Mechanics' liens D - All of the above

B - Subdivision lots improvement assessment bond An assessment bond is taken on each individual lot.

A lien may be created by recording: A - a notice of non-responsibility. B - a deed of trust. C - a restriction. D - all of the above

B - a deed of trust. A money encumbrance--a lien.

After the court renders an order of judgment, the next instrument to be recorded to create a lien is: A - desist and refrain order. B - abstract of judgment. C - attachment. D - quiet title action.

B - abstract of judgment. A judgment by the court is the final determination of the rights of parties in a lawsuit. A judgment does not automatically create a lien. A summary of the court decision, known as an abstract of judgment, must be recorded with the county recorder to create a general lien.

Ingress and egress are terms used in: A - appraisal. B - easements. C - land measurements. D - construction measurements.

B - easements. Access by which to go in and go out across the property of another.

A telephone company places poles and strings wire across privately owned land. This would be an example of a(n): A - specific lien. B - encumbrance. C - appurtenant easement. D - general lien.

B - encumbrance. This would be an example of an easement in gross, which is an encumbrance.

The party who is responsible for the enforcement of sanitation and sewage requirements in a subdivision is the: A - local building inspector. B - health department. C - local planning commission. D - Real Estate Commission.

B - health department. It is the health department's duty to approve the adequacy of the sanitation facilities of a new subdivision.

The approval of sewage system in a subdivision is under the control of the: A - planning commission. B - local health officer. C - local building inspector. D - plumbing inspector.

B - local health officer. Construction regulations: local building inspector. Sanitation regulations: local health officer.

The California Real Estate Law defines a planned development as which of the following? A - A condominium projects B - A co-op apartment project C - A subdivision D - A community apartment project

C - A subdivision A planned development containing 5 or more lots is defined as a subdivision. A condominium project containing 2 or more units, a stock cooperative having 2 or more shareholders, and a community apartment project containing 2 or more apartments are other forms of subdivisions.

The California State Housing Act, which contains minimum code requirements, is found in the: A - State Contractor's Code. B - Uniform Commercial Code. C - Health and Safety Code. D - Fair Housing Act.

C - Health and Safety Code. The State Housing Law outlines minimum construction and occupancy requirements. Local building inspectors enforce the construction regulations and local health officers enforce the occupancy and sanitation regulations (Health and Safety Code Section 17910, et seq.).

Which of the following statements is true with respect to planning commissions? A - All members are elected. B - Members must have had real estate or subdivision experience. C - They are authorized to give advice to the city council on subdivisions. D - Members must be real estate brokers.

C - They are authorized to give advice to the city council on subdivisions. Members of the planning commission should be knowledgeable in the field of real estate and city planning, but this is not a prerequisite for being a member. The members are appointed and it is their job to develop a master plan and advise the city council in this area.

The Real Estate Commissioner's Subdivision Final Public Report expires: A - one year from the date of the report. B - never, unless a material change occurs. C - five years from the date of the issuance of the report. D - three years from the date of the issuance of the report.

C - five years from the date of the issuance of the report. Matter of law, unless there is a material change. The term of a final public report shall be limited to 5 years.

A master plan may also be described as a(n): A - elevation plan. B - environmental plan. C - general plan. D - specific plan.

C - general plan. A comprehensive or master plan, known as a General Plan is adopted for long-term physical development in seven major categories: land use, circulation, housing, conservation, open space, noise, and safety.

The most commonly accepted procedure for the enforcement of deed restrictions is by: A - attachment. B - lis pendens. C - injunction. D - eminent domain.

C - injunction. The penalty for a breach of a deed restriction is usually money damages or an injunction. An injunction is a court order forcing a person to do or not do an act, such as violating a private restriction.

The receipt for a Subdivision Final Public Report must be kept on file by the subdivider or his agent for a minimum of: A - one year. B - two years. C - three years. D - four years.

C - three years. A subdivider must keep a copy of the final public report for three years.

Which of the following terms is not generally associated with encumbrances? A - Easement B - Lien C - Lease D - Claim

D - Claim A claim is an asserted right, but not an encumbrance.

Three of the four following real estate terms are closely associated. Which of the four terms does not belong with the group? A - Deed of trust B - Lien C - Judgment D - Claim

D - Claim Individuals claim many things, but they are not necessarily liens. A deed of trust and judgment would be liens.

Which of the following is not a characteristic of an easement? A - It is an interest which may be protected against interference by third parties. B - It is capable of being created by reconveyance. C - It is considered as a non-possessory interest. D - It is an interest which may be terminated at will by the possessor of the land.

D - It is an interest which may be terminated at will by the possessor of the land. The others are all true concerning an easement. Once granted, an easement can not be revoked.

A couple purchased a lot for the purpose of building a home at a later date. When they were ready to build, who would they contact to see that all codes and restrictions were complied with? A - Real estate broker B - Architect C - Contractor D - Local building inspector

D - Local building inspector Local building inspectors enforce the construction regulations while local health officers enforce the occupancy an sanitation regulations.

As a part of his submittal of documents to the Real Estate Commissioner under the Subdivision Lands Law, the nonresident subdivider must complete a form by which he agrees that, in the event he cannot be located via reasonable and diligent efforts, service can be legally effected by filing with the: A - Real Estate Commissioner. B - superior court in the county in which the property is located. C - county recorder in the county in which the property is located. D - Secretary of State.

D - Secretary of State. CA B&P Code Section 11007

Constructive notice of a lien is given by recording a/an: A - restriction. B - easements in gross. C - blanket set of restrictions covering a subdivision of 99 lots. D - a mortgage or deed of trust.

D - a mortgage or deed of trust. Lien is a money encumbrance. A mortgage or deed of trust is the only answer listed that is a money encumbrance.

A preliminary subdivision report terminates: A - upon receiving the final subdivision report. B - at the end of one year. C - upon a material change. D - all of the above

D - all of the above Preliminary public reports allow taking reservations for the subdivision, but not accepting any non-refundable money or entering into any binding contracts until receipt of the final report from the commissioner. Preliminary public reports have a one-year term and may be renewed.

In a city, compliance to the State Housing Act is enforced by the city: A - engineer. B - police department. C - planning commission. D - building inspector.

D - building inspector. The building inspector makes sure that the building complies with local and state building codes.

Acquiring permissive use of another's land would be: A - adverse possession. B - prescription. C - both (a) and (b) D - neither (a) nor (b)

D - neither (a) nor (b Must be hostile (without permission).

With permissive use, an easement by prescription can be created within: A - 2 years. B - 10 years. C - 20 years. D - none of the above

D - none of the above Must be hostile use, not permissive use.

A lien cannot be: A - general. B - specific. C - involuntary. D - performance.

D - performance. The word performance means an act. A lien is not an act, it is an instrument used to collect money. A lien may be general, specific, or involuntary.

When seeking a variance, an owner would petition the local: A - police force. B - Board of REALTORS. C - building department. D - planning commission.

D - planning commission. The owner may ask the city or county (local planning commission) for a waiver or zoning variance.

Mr. Land owned two pieces of property and sold one parcel bordering on the road to Ms. Crow, reserving in the deed an easement for ingress and egress to and from the remaining real property for himself. After 5 years of non-use, Land attempted to use the easement, but was prohibited from doing so by Crow. A court would rule in this case that: A - the easement was forfeited because it was not used for 5 years. B - the easement was still valid because non-use never terminates any type of easement. C - Ms. Crow could institute a quiet title action on the easement and probably be successful. D - the easement was still valid since it had been created by deed.

D - the easement was still valid since it had been created by deed. Only an easement acquired by prescription may be lost through non-use.