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15 Cards in this Set

  • Front
  • Back

The land of an adjoining property is covered by a garage, driveway, or fence that extends beyond the land of its owner. This is known as:

An encroachment - occurs when the permanent improvement is placed so that it extends over the lot line into adjacent property owned by another



Inverse condemnation is a legal process in which property reverts to the state because the deceased owner left no will and has no legal heirs. True or false

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

As part of the mechanic's lien process, what notice must be given to the owner within 20 days of first furnishing labor or materials for a job by anyone eligible to file a mechanic's lien

preliminary notice - written notice

a holographic will is written entirely in the handwriting of the testator (maker) and is dated and signed by the testator. True or False

True

Encumbrances fall into two categories: those that affect the title, known as financial encumbrances, and those that affect the use of the property, known as non-financial encumbrances. True or false

True



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):

Easement in gross - personal easement that is not attached to the land, and cannot be revoked. Same does not have a license because the right is irrevocable. it is not an easement appurtenant because same owns no land and it is not an easement by prescription because roger gave the easement in gross to sam

a grant deed is considered executed when it is:

signed by the grantor - (executed)

California recognizes three types of wills. which will is written entirely in the handwriting of the testator (maker) and is dated and signed by the testator?


Holographic, statutory, witnessed, administrative

Holographic

Avulsion is the process by which the action of water causes a sudden, perceptible loss of or addition to land. True or False

True

Which statement is correct regarding a lis pendens?


- it clouds the title of a property


- it prevents anyone from buying


- it is a recorded notice indicating the priority of a lender's deed of trust


- it is a recorded notice indicating the title on a property is accurate

It clouds the title of a property. lis pendens indicates pending litigation affecting the title on a property.

Recording a lis pendens:


- clouds the title but does not affect marketability


- does not affect the title


-clouds the title and affects marketability


- affects the current owner but not a subsequent owner

clouds the title and affects marketability.

A person can obtain title to property by occupying it for a statutory time period without permission of the owner and paying the property taxes through:

adverse possesion



When someone dies, without leaving a will, he or she is known to have died:

intestate: person did not leave a will

a court action to divide a property held by co-owners is called

partition act: a court proceeding to settle a dispute between co-owners about dividing their interests in real property

to be binding on a buyer and a seller and to protect the chain of title, a deed to transfer real property must be

delivered, accepted, acknowledged, and recorded. the deed does not actually have to be acknowledged or recorded only in circumstances to protect the chain of title. deed cannot be recorded unless it has been acknowledged.