Ch. 3 - Real Estate Principals

common statutory deed

3 means of public dedication: 1. _________ law dedication 2. ____________ dedication 3. _____

preliminary completion completion foreclosure

4 steps for recording a mechanic's lien: 1. _________ notice 2. notice of ___________ 3. no notice of ___________ 4. ___________ action

statutory dedication

A dedication made by a private individual to the public.

B. signed by the grantor.

A grant deed is considered executed when it is: a. recorded by the grantee. b. signed by the grantor. c. acknowledged by the grantee. d. delivered by the grantor.

attachment lien

A lien intended to prevent property transfer pending the outcome of litigation.

restriction

A limitation placed on the use of real property, either by the government or by other persons who have an interest in the property

encumbrance

A non-possessory interest in property that is held by someone who is not the owner

common law dedication

A property owner implies through his or her conduct the intent that the public use the land

B. involuntary

A recorded abstract of judgment is classified as a(n)__________lien. a. equitable b. involuntary c. inferior d. superior

foreclosure action

After a mechanic's lien is recorded, the claimant has 90 days to bring foreclosure action to enforce the lien. If he or she does not bring action, the lien will be terminated and the claimant loses the right to foreclose.

D. convey or transfer title and possession.

Alienation of title to real property most nearly means to: a. cloud the title. b. encumber the title. c. record a homestead. d. convey or transfer title and possession.

A. enforceable because the location of the easement does not need to be specified.

An owner of a parcel of real property gave his neighbor a deed conveying an easement for ingress and egress. The easement was not specifically located in the deed. Under the circumstances, the neighbor's right to use the easement is: a. enforceable because the location of the easement does not need to be specified. b. enforceable only if the easement is an easement in gross. c. unenforceable because the location of the easement must be specified. d. unenforceable because easements are never created by deed, only by written agreement.

covenants, conditions, and restrictions

CC&Rs

B. The title would remain with Kim.

Dana sold a property to Kim, who did not record the deed but did occupy the premises. Dana then sold the same property to Lee, who did not inspect the property but did record the deed. After the second sale, who would have legal title to the property? a. The title would revert to Dana as the remainderman. b. The title would remain with Kim. c. The title would be Lee's due to Kim's failure to record his deed. d. Lee would be able to sue Kim for his failure to record his deed.

A. the intention of the grantor.

Effective delivery of a deed depends on: a. the intention of the grantor. b. recording the deed. c. knowledge of its existence by the grantee. d. acknowledgement of the grantor's signature before a Notary Public.

notice of non-responsibility

If an owner discovers unauthorized work on the property, he or she must file a:

destruction of the servient tenement

If the government takes the servient tenement for its use, as in eminent domain, the easement is terminated.

no notice of completion

If the owner does not record a notice of completion when work is finished, all claimants have a maximum of 90 days from the day work was finished to record a mechanic's lien

eminent domain

Power of a government to take private property for public use.

B. or written agreement

Private restrictions on land can be created by deed: a. only. b. or written agreement. c. or zoning ordinance. d. or written agreement or zoning ordinance.

accession

Process by which there is an addition or reduction to property by the efforts natural forces

C. clouds the title and affects marketability.

Recording a lis pendens: a. does not affect the title. b. clouds the title but does not affect marketability. c. clouds the title and affects marketability. d. affects the current owner but not a subsequent owner.

A. easement in gross

Roger, who owns a ranch, gave Sam who owns no property, a non-revocable right to cross his ranch to fish in the stream. Sam has a(n): a. easement in gross. b. license. c. easement appurtenant. d. easement by prescription.

C. Lien

The form of encumbrance that makes specific property the security for the payment of a debt or discharge of an obligation is called a: a. reservation. b. fief. c. lien. d. quitclaim.

B. general lien

The owner of an apartment building does not declare the income from the rental units. The IRS filed a government tax lien, which would be a: a. voluntary lien. b. general lien. c. judgment lien. d. none of the above

express release

The owner of the dominant tenement is the only one who can release an easement. A usual way would be to sign a quitclaim deed.

A. license

The personal, revocable, unassignable permission to use the property of another without a possessory interest in it is called a(n): a. license. b. easement. c. encroachment. d. option.

express grant

The servient tenement, or the giver of the easement, grants the easement by deed or express agreement.

B. delivered and accepted

To be binding on a buyer and a seller, a deed to transfer real property must be: a. recorded. b. delivered and accepted. c. acknowledged. d. all of the above.

D.

Which of the following actions is a quiet title action? a. Court action to foreclose b. Court action in ejectment c. Police action to quiet a noisy neighbor d. Court action to remove a cloud on title

B. Anything that affects or limits the fee simple title to or value of property.

Which of the following is the best definition of encumbrance? a. The degree, quantity, and extent of interest a person has in real property. b. Anything that affects or limits the fee simple title to or value of property. c. The use of property as security for a debt. d. Any action regarding property, other than acquiring or transferring title.

injunction

a court order forcing a person to do or not do an act, such as violating a private restriction

quiet title action

a court proceeding to establish an individual's right to ownership of real property against one or more adverse claimants

partrition action

a court proceeding to settle a dispute between co-owners (joint tenants or tenants in common) about dividing their interests in real property

warranty deed

a document containing express covenants of title and is rarely used in CA because title companies have taken over the role of insuring title to property

instrument

a document in real estate

bequest

a gift of personal property by will

escheat

a legal process in which property reverts to the state because the deceased owner left no will and has no legal heirs

inverse condemnation

a private party forces the government to pay just compensation if the property value or use has been diminished by a public entity

covenant

a promise to do or not do certain things

lis pendens

a recorded notice that indicates pending litigation affecting the title on a property

8 ways to terminate an easement

abandonment, destruction of the servient tenement, adverse possession, merger, express release, legal proceedings, estoppel, excessive use (ADAM E. LEE)

general lien

affects all property of the owner, such as judgement lien or federal or state income tax liens

financial emcumberance

affects the title; voluntary liens, involuntary liens, mortgages, tax liens

non-financial encumberance

affects the use of the property; easements, restrictions, zoning requirements, encroachments

emcumbrances

all liens are __________ but not all __________ are liens

easement in gross

an easement that is not appurtenant to any one parcel

lien

an obligation to pay a financial encumbrance that may be voluntary or involuntary

voluntary lien

an owner may choose to borrow money, using the property as security for the loan

cloud on title

any condition that affects the clear title of real property or minor defect in the chain of title, which needs to be removed

quitclaim deed

contains no warranties and transfers any interest the grantor may have at the time the deed is signed

necessity

created when a parcel is completely land locked and has no access. it is automatically terminated when another way to enter and leave the property becomes available

excessive use

depending on the terms of the easement, this can terminate the easement

inestaste

dying without leaving a will

deed

formal transfer by a party as in a gift deed where there is no consideration

accretion

gradual buildup of alluvium by natural causes on property bordering a river, lake, or ocean

involuntary lien

if the owner does not pay taxes or the debt owed, a lien may be place against his or her property without permission

notice of completion

if the owner records a notice of completion within 10 days after the project is finished, the original contractors have 60 days after the notice is filed and all others have 30 days to record a mechanic's lien

merger

if the same person owns both the dominant and servient tenements, the easement is terminated

legal proceedings

in order to terminate an easement, the owner of the servient tenement would bring an action to quiet title against the owner of the dominant tenement. the lawsuit is called a quiet title action.

quiet title action

it is a court proceeding to clear a cloud on the title of real property

mechanic's lien

may be placed against a property by anyone who supplies labor, services, or materials used for improvements on real property and who did not receive payment for the improvements

grant deed

most frequently used instrument to transfer title

preliminary notice

must be given to owner within 20 days of first furnishing labor or materials for a job by anyone eligible to file a mechanic's lien

lis pendens

notice that indicates pending litigation affecting title on a property

reliction

occurs when land that has been covered by water is exposed by receding of the water

specific lien

one that is placed against certain property, such as a mechanic's lien, trust deed, attachment, property tax lien, and lis pendens

license

permission to use a property which may be revoked at any time

enroachment

placing a permanent improvement, such as a fence, wall, driveway or roof, so that it extends over the lot line into adjacent property owned by another, is known as an __________________

accession

process by which there is an addition of reduction to property by the efforts natural forces

homestead

status provided to a homeowner's principal residence that protects the home against judgments up to specified amounts

adverse possession

the ability to obtain title by occupying land for a statutory time period without the permission of the owner

alienate

the act of transferring ownership, title, or interest

implied grant or reservation

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

accretion

the gradual and imperceptible addition of land to a parcel by the natural deposition and accumulation of alluvium upon the bank of a stream or river

erosion

the gradual wearing away of land by the natural processes of water, wind, or glacial ice

homestead property

the home occupied by a family that is exempt from the claims of, or eviction by, unsecured creditors

probate

the legal process to prove a will is valid

easements in gross

the most common type of easement; usually owned by the government or a public utility company. Usually irrevocable, and given to an individual or company rather than to an adjoining piece of property.

abandonment

the obvious and intentional surrender of the easement

adverse possession

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 5 years, thus terminating the easement

grantor

the person conveying or transferring the property

grantee

the person receiving the property, or to whom it is being conveyed

avulsion

the process by which the action of water causes a sudden, perceptible loss of or addition to land

condemnation

the process by which the government acquires private property for public use, under its right of eminent domain

prescription

the process of acquiring an interest, not ownership, in a certain property

reliction

the process of land adjacent to a watercourse covered by water becoming uncovered because of receding water

easement

the right to enter or use someone else's land for a specified purpose

express reservations

the seller of a parcel who owns adjoining land reserves an easement or right-of-way over the former property; created at the time of sale with a deed or express agreement

enroachment

the unauthorized placement of permanent improvements that intrude of adjacent property owned by another

estoppel

unless created by express grant, an easement may be terminated by non-use and the property owner has reason to believe that no further use is intended

gift deed

used to make a gift of property to a grantee, usually a close friend of relative

operation of law

usually an involuntary transfer involving foreclosure or is the result of a judgement or some other lien against the title