State Exam Prep Book: Property Ownership And Land Use Controls And Regulations

Front 1

accession

Back 1

An addition to property through the efforts of man or by natural forces.

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accretion

Back 2

Accession by natural forces, e.g., alluvium.

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adobe

Back 3

Also known as clay, adobe soil is a naturally occurring heavy material which readily cracks and is composed primarily of fine-grained minerals.

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adverse possession

Back 4

A method of acquiring title to real estate owned by another by openly maintaining exclusive possession of the property for a period of five years and paying all property taxes.

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agreed-boundary doctrine

Back 5

When owners of adjacent properties uncertain over the true boundary agree to establish the location of their common lot line and acquiesce to the boundary line for at least five years.

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alienation

Back 6

The sale, further encumbrance or lease (for a period exceeding one year) of a property.

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alkaline

Back 7

A soil with a pH level above 7.

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alluvium

Back 8

The gradual increase of the earth on a shore of an ocean or bank of a stream resulting from the action of the water.

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Alquist-Priolo Maps

Back 9

Maps which identify earthquake fault areas available from the State Mining and Geology Board and the city or county planning department.

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appropriation

Back 10

The action of taking something for one’s own use, such as water from a stream.

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appurtenance

Back 11

A right belonging to a property, affect title to other property; all those rights, privileges, and improvements which belong to and pass with the transfer of the property, but which are not a part of the property. Appurtenances to real property pass with the real property to which they are appurtenant, unless a contrary intention is manifested. Typical appurtenances are rights-of-way, eaements, water rights, and use of improvements located on other property.

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assemblage

Back 12

The combining of land parcels to create a value higher than the sum of their parts.

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avulsion

Back 13

A sudden and perceptible loss of land by the action of water, such as by a rapid change in the course of a river.

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building code

Back 14

A series of regulations for construction of buildings within a municipality established by ordinance or law.

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building permit

Back 15

Permits issued by a city or county building department authorizing commencement of construction in accordance with building codes and safety standards.

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bundle of rights

Back 16

All of the legal rights incident to ownership of property including rights of use, possession, encumbering and disposition.

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civil law

Back 17

A Spanish legal system in which an elaborate system of statutes address permissible conduct of the people in advance of disputes.

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common interest development (CID)

Back 18

Condominium projects, cooperatives or single family residences in a planned unit development.

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common law

Back 19

An English legal system in which disputes are decided on a case-by-case basis before a judge applying codes and prior cases.

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community property

Back 20

All property acquired by husband or wife during a marriage when not acquired as the separate property of either spouse.

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condemnation

Back 21

The act of taking private property for public use by the government with payment to owner to compensate for the taking, or the government declaration that a structure is unfit for use.

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Consumer Financial Protection Bureau (CFPB)

Back 22

An independent federal agency responsible for regulating consumer protection in the financial services and products market.

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contiguous

Back 23

Adjoining lots which share a common border.

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covenants, conditions and restrictions (CC&Rs)

Back 24

Recorded restrictions against the title to real estate prohibiting or limiting specified uses of the property.

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deciduous

Back 25

A tree that loses its leaves each year.

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declaration of homestead

Back 26

A document signed by a homeowner and filed with the county recorder’s office to shield the owner-occupant’s homestead equity from seizure by creditors.

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Department of Fair Employment and Housing

Back 27

The state agency designated to protect Californians from discrimination in housing, employment and publicaccommodation.

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Department of Housing and Urban Development (HUD)

Back 28

The federal agency responsible for the administration of U.S. government housing and urban development programs.

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Dodd-Frank Wall Street Reform and Consumer Protection Act

Back 29

A 2010 enactment of significant changes to U.S. financial regulation in reponse to the 2007 financial crisis.

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dominant tenement

Back 30

The property benefitting from an easement on a servient tenement.

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easement

Back 31

The right to use another's property for a specific purpose.

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easement in gross

Back 32

An easement which belongs to an individual and is not appurtenant to a property.

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eminent domain

Back 33

The right of the government to take private property for public use on payment to the owner of the property’s fair market value.

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encroachment

Back 34

An improvement on one parcel of real estate which extends onto real estate owned by another.

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encumbrance

Back 35

A claim or lien on title to a parcel of real estate, such as property taxes, assessment bonds, trust deeds, easements and covenants, conditions and restrictions (CC&Rs).

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escheat

Back 36

The reverting of property to the State when heirs capable of inheriting are lacking.

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estate

Back 37

The ownership interest a person may hold in real estate.

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estate at sufferance

Back 38

Unlawfully retaining possession to property when the tenant holds over and does not vacate on the expiration of the term of their tenancy. Also called a tenancy at sufferance.

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estate at will

Back 39

The occupation of lands and tenements by a tenant for an indefinite period with the payment of rent, terminable by either the tenant or the landlord at will. The landlord's ongoing acceptance of rent creates a periodic tenancy.

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estate for life

Back 40

A freehold estate in land held by a person who is entitle to use of the property for the duratio of their life or the life of another. Also called a life estate, it terminates and is eliminated on death of the controlling life.

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estate for years

Back 41

An interest in propety granting possesion for a limted period of time such as a periodic tenancy or a lease agreement for a fixed term.

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expansive

Back 42

Soils that expand when water is added then shrink when they dry out. Such continuous change in soil condition can cause property built on this soil to settle unevenly and crack.

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Fannie Mae

Back 43

A government-sponsored buying, owning and selling mortgages in the secondary mortgage market, called the Federal National Mortgage Association (FNMA).

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Federal Housing Administration (FHA)

Back 44

An agency of the federal government that insures private mortgage loans for financing of new and existing homes and home repairs.

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Federal National Mortgage Association (FNMA)

Back 45

Called Fannie Mae, is a quasi-public agency whose primary function is to buy, own and sell mortgages in the secondary market.

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fee estate

Back 46

An indefinite, exclusive and absolute legal ownership interest in a parcel of real estate.

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fee simple estate

Back 47

The greatest interest that one can have in real property. An estate that is unqualified, of indefinite duration, freely transferable and inheritable.

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fixed-term tenancy

Back 48

A leasehold interest which lasts for the specific lease period set forth in a lease agreement. A fixed term tenancy automatically terminates at the end of the lease period.

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freehold estate

Back 49

An estate of indeterminable duration, e.g., fee simple or life estate.

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general plan

Back 50

Development policies for acceptable land uses within a jurisdiction.

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Home Mortgage Disclosure Act (HMDA)

Back 51

A regulatory scheme requiring lenders to publically release loan data.

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incorporeal rights

Back 52

Nonpossessory rights in real estate arising its ownership, such as rents.

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ingress and egress

Back 53

Access to a property by its owner directly from publicly dedicated streets or by using their right to traverse a portion of another’s land using an easement.

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joint tenancy

Back 54

An ownership interest in property concurrently received by two or more individuals who share equally and have the right of survivorship.

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leasehold estate

Back 55

The right to possess a parcel of land, conveyed by a fee owner (landlord) to a tenant.

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life estate

Back 56

An interest in a parcel of real estate lasting the lifetime of the life tenant.

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littoral rights

Back 57

Rights to shorefront land held by landowners whose property borders large, navigable lakes and oceans.

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Mello-Roos

Back 58

The Mello-Roos Community Facilities Act of 1982 authorizes the formation of community facilities districts; the issuance of bonds, and the levying of special taxes thereunder to finance designated public facilities and services.

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mobilehome

Back 59

Property designed to be used as a dwelling, classified as either personal or real property depending on the method of attachment to a parcel of real estate. Also known as a manufactured home.

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overlying right

Back 60

The right of a real estate owner to take the ground water below the surface of their land.

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ownership

Back 61

The right of one or more persons to possess and use property to the exclusion of all others. A collection of rights to the use and enjoyment of property.

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partition

Back 62

A division of real or personal property or the proceeds therefrom among co-owners.

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party wall

Back 63

A common boundary improvement located on a property line between adjacent properties, such as a wall, fence or building co-owned by the adjacent property owners.

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police power

Back 64

The basis for enacting local ordinances such as zoning, traffic, health and safety regulations and rent control.

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prescriptive easement

Back 65

The right to use another’s property established by the adverse use of the property for a period in excess of five years without a claim of ownership.

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prescriptive right

Back 66

The right to use water established by appropriating nonsurplus water openly and adversely for an uninterrupted period of five years without documentation of a legal right.

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principal residence

Back 67

The residential property where the homeowner resides a majority of the year.

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profit a prendre

Back 68

The right to remove minerals from another’s real estate.

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public housing

Back 69

Subsidized housing typically reserved for low-income families, the elderly, and persons with disabilities.

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public policy

Back 70

A system of laws maintained by local, state or federal government for the conduct of its people.

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reliction

Back 71

The gradual recession of water leaving land permanently uncovered.

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rent control

Back 72

Local ordinances that are reasonably related to the prevention of excessive rents and maintaining the availability of existing housing.

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reversion

Back 73

The conveyance of real estate fixtures from a tenant to landlord on expiration of a lease.

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reversionary interest

Back 74

A future interest a person retains on the grant of property which reverts to the person on the occurrence of an event.

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right of alienation

Back 75

A property owner's ability to sell, lease or further encumber their property.

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right of survivorship

Back 76

The right of surviving joint tenants or a spouse to succeed to the entire interest of the deceased co-owner.

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right-of-way

Back 77

A privilege under an easement granted by the owner of property giving the owner of another property the right to pass over their property.

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riparian land

Back 78

A parcel of real estate located next to a water source with surface water and within the watershed of the surface water.

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riparian right

Back 79

The right of a real estate owner to take surface water from a running water source contiguous to their land.

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section

Back 80

A portion of land is established by government survey which contains 640 acres and is one mile square.

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Section 8 housing

Back 81

A government housing program for low income households which provides qualifying tenants with rent subsidies and minimum habitability standards.

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senior citizen housing

Back 82

Housing intended for persons 55 or 62 years of age or older.

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servient tenement

Back 83

A property burdened by a license or easement.

Front 84

solar easement

Back 84

An easement restricting an owner’s ability to maintain improvements interfering with a neighbor’s solar energy system.

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special assessment

Back 85

A lien against real estate by a public authority to pay the cost of public improvements such as street lights, sidewalks, street improvements. In a common interest subdivision, an additional charge levied by the association for unanticipated repairs.

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State Water Resources Control Board

Back 86

Government entity established to ensure the proper allocation and efficient use of state water resources.

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Subdivided Lands Law

Back 87

Government regulations that empower the Real Estate Commissioner to approve a public report for the sale of property divided and developed by the land owners.

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subdivision

Back 88

An activity by an owner of real estate which divides a greater parcel of land into several separate smaller parcels for the purpose of sale, lease or financing as regulated by law.

Front 89

Subdivision Map Act

Back 89

A California subdivision law stating conditions for the approval of a subdivision map and requiring local governments to enact ordinances directly controlling the types of subdivision projects permitted and the physical improvements to be installed.

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tenancy-at-sufferance

Back 90

A leasehold condition created when a tenant retains possession of the rented premises after the tenancy has terminated.

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tenancy-at-will

Back 91

A leasehold interest granted to a tenant, with no fixed duration or rent owed. A tenancy-at-will can be terminated at any time by an advance notice from either party.

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tenants in common (TIC)

Back 92

Co-ownership of real estate by two or more persons who each hold equal or unequal undivided interest, without the right of survivorship.

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tenement

Back 93

A freehold interest in land and things immovable located on the land.

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township

Back 94

In the survey of public lands of the United States, a territorial subdivision six miles long, six miles wide and containing 36 sections, each one mile square, located between two range lines and two township lines.

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U.S. Department of Veterans Affairs (VA) mortgage guarantee

Back 95

A program that assists qualified veterans or their surviving spouses to finance their purchase of a home with zero down payment.

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vesting

Back 96

A method of holding title to real estate, including tenancy in common, joint tenancy, community property and community property with the right of survivorship.

Front 97

zoning

Back 97

Building and land use restrictions enacted by local policy makers to ensure a consistent flow of new improvements to meet the demand of population growth.