CHAPTER 1 - 3 Q Flashcards - Quizlet

CHAPTER 1 - 3 Q flashcards | Quizlet
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1. Which group of explorers and colonizers
set up presidios and pueblos in the early days
of California?
Spanish
2. Which of the following is not considered

to be one of the bundle of rights? The right to
a. own property.
b. pay taxes.
c. enjoy.
d. encumber.
B pay taxes is not bundle of rights
3. Which of the following is considered land

and, therefore, is real estate?
a. Oil deposits beneath the surface
b. Harvested crops
c. Trade fixtures
d. Reasonable airspace above the land
d. Reasonable airspace above the land
4. The right of the owner of land bordering

on a river to use the river water in a
reasonable manner is called
a. appropriation rights.
b. take-out rights.
c. riparian rights.
d. subjacent privileges.
C. riparian rights
5. Wall-to-wall carpeting in a single-family

dwelling is usually considered to be
a. a fixture.
b. a chattel.
c. removable.
d. separate property.
A. a fixture
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6. Which of the following is considered

appurtenant to the land and upon sale or
other transfer stays with the land and is not
taken by the former owner?
a. Stock in a mutual water company
b. Trade fixtures
c. An easement
d. Both a and c
D. both a and c - stock in a mutual water

company and an easement
7. All other things being equal, in a dispute

between a buyer and a seller over a fixture,
the courts tend to favor
a. the seller.
b. the buyer.
c. the one with the most money.
d. neither party.
B. the buyer
8. In what year was California granted

statehood?
a. 1821
b. 1846
c. 1848
d. 1850
D. 1850
9. The main feature of personal property is

a. its title is transferred by a deed.
b. its immobility.
c. its value is always less than that of real
property.
d. its mobility.
D. its mobility
10. Which two terms do not belong together?

a. Bundle of rightsuse and enjoyment
b. Real estateland
c. Reasonable usewater rights
d. Personal propertyeasement
D. personal property - easement
11. An orange tree in a suburban backyard is

real property. An orange on the ground that
has fallen off the tree is
a. real property.
b. a fixture.
c. personal property.
d. real estate.
C. real estate
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12. Unless otherwise noted, mineral rights

a. transfer with the land.
b. are the personal property of the owner.
c. are always reserved by the former owner.
d. never carry an implied right to enter the
land for extraction.
a. transfer with the land.
13. Mortgages and deeds of trust are

a. real property.
b. personal property.
c. fixtures.
d. emblements.
b. personal property.
14. The right of the state to give permission

to a nonriparian owner to take water from a
river or lake is called a
a. riparian right.
b. possessor right.
c. percolating right.
d. right of appropriation.
d. right of appropriation.
16. The words chattel and chose stand for

a. fixtures.
b. real estate.
d. real property.
17. Which of the following is not considered

a test of a fixture?
a. Relationship of the parties
b. Method of financing
c. Intention of the parties
d. Method of attachment
b. Method of financing
18. Personal property that is attached to the

land in such a manner that it becomes part of
the real property is called a(n)
a. fixture.
b. chattel.
c. chose.
d. emblement.
a. fixture.
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Arnold and Sally are tenants in an apartment.

They add temporary shelves in the kitchen.
When they move, the shelves will probably
be considered. a. trade fixtures b. real
property c. appurtenances d. personal
property
D personal property
20. Garcia leases a retail store and operates a

jewelry business. When she moves, her
business machines and shelves will
probably be considered
a. trade fixtures.
b. real property.
c. appurtenances.
d. personal property.
a. trade fixtures.
15. Which mineral is not considered capable

of absolute or exclusive ownership until
reduced to possession? a. gold b. oil c. iron d.
sliver
b. oil
S of SW of the SW of the NW , and the SW of Section 5. How many acres? Using

the grid below, shade in the parcel.
2. At a probate sale for a vacant lot, the initial accepted offer to purchase is $20,000. If you
wish to place the next additional bid, what is the minimum you must bid?
3. Garcia deeds real property to Williams
using a grant deed. Shortly thereafter, the
county abandons an alley easement at the
rear of the property. Garcia maintains that
the alley area is his, whereas Williams says it
belongs to her. Based on your knowledge of
grant deeds, who is probably right?
3. Williams is probably right because a grant

deed carries after acquired title, which
meansvthat after the grantor deeds the
property, if he or she should later acquire an
additional interest in the property, that
interest automatically passes to the grantee.
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1. Ms. Jones was killed in an automobile

accident. When the courts were called upon
to distribute her property, they found she had
died intestate. This means that she died
a. leaving no property.
b. leaving no heirs.
c. in debt.
d. without a will.
d. without a will.
ch.2 part 1
4. The state urgently needs a piece of

property to complete a project for public use.
The owner did not wish to sell. Which
method could be used to acquire the
property?
a. Dedication
b. Escheat
c. Police power
d. Eminent domain
d. Eminent domain
5. The term escheat is a legal term meaning

a. a fraud has been committed.
b. an agent's license has been revoked.
c. property with a mortgage can be
conveyed.
d. title has reverted to the state.
d. title has reverted to the state.
6. The water flowing down a river gradually

builds up the land along the bank by leaving
deposits of soil; this action is called
a. accretion.
b. reliction.
c. avulsion.
d. erosion.
a. accretion.
8. Deeds are used to transfer property. Which

deed contains no
implied or expressed warranties?
a. Warranty deed
b. Grant deed
c. Quitclaim deed
d. Interspousal grant deed
c. Quitclaim deed
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9. The executrix of an estate is

a. selected by the heirs.
b. appointed by the superior court.
c. named in the testator's will.
d. named by the decedent's attorney.
c. named in the testator's will.
10. To be valid, a deed must a. contain a

proper description of the property.
b. be signed by a competent grantee.
c. be recorded.
d. be dated.
a. contain a proper description of the

property.
11. "beginning on a point on the North line of

Board Av. distant 218.00 feet East from the
Northeast corner of Board Av. and Elm St."
this legal description is
a. metes and bounds
12. Which of the following is not a base and

meridian found in California?
a. Humboldt
b. Mt. Diablo
c. Mt. Shasta
d. San Bernardino
c. Mt. Shasta
13. Which measurement is incorrect?

a. Acre 43,800 square feet
b. Mile 5,280 feet
c. One square acre 208.71 feet
d. Township 6 miles square
a. Acre 43,800 square feet
14. Hostile, open, and notorious use of

another person's land for five years is
required for title by
a. will.
b. succession.
c. accession.
d. adverse possession.
d. adverse possession.
15. An instrument by which the government

grants title to a person is a(n)
a. homestead.
b. partition action.
c. patent.
d. escheat.
c. patent.
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16. Recording of a deed gives

a. actual notice.
b. constructive notice.
c. physical notice.
d. vested notice.
b. constructive notice.
17. A deeds to B, who does not record the

deed or take physical possession of the
property. A then deeds to C, who had no
notice of the prior deed to B. C records the
deed. In a dispute over title between B and
C, which rule would be important?
b He or she who records first is the first in

right.
19. An after acquired title provision

occurs in a
a. grant deed.
b. quitclaim deed.
c. sheriff's deed.
d. tax deed.
a. grant deed.
20. Who signs a grant deed?

a. Lessor
b. Mortgagor
c. Grantee
d. Grantor
d. Grantor
2. You wish to have a contractor build a

home on your lot. You insist that the
contractor be licensed, be bonded, and carry
adequate workers' compensation insurance
and other liability insurance. You are also
concerned about the mechanics' lien rules.
Fill in the correct days for each situation.
see 2. a - 2. e
2.a. Preliminary notice should be served

within ____ days from the first furnishing of
labor or materials on your home site.
a.2. Preliminary Notice should be served

within 20 days from the first furnishing of
labor or materials on your home site.
2 b. A notice of completion should be filed

by you within ____ days after the completion
of the home.
b. A Notice of Completion should be filed by

you within 10 days after the completion of
the home
2 c. After filing your notice of completion,

the general contractor has ____ days to file a
lien, while the subcontractors have ___days.
c. After filing your Notice of Completion, the

general
contractor has 60 days to file a lien, while the
subcontractors have 30 days.
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2 d. If your notice of completion is filed

incorrectly and hence is invalid, all workers
have ____ days to file a lien
d. If your Notice of Completion is filed

incorrectly and, therefore, is invalid, all
workers have 90 days to file a lien.
2 e. If a mechanics' lien is filed, it

automatically terminates if court
action is not instituted within ___ days.
e. If a mechanics' lien is filed, it will

automatically terminate if court action is not
instituted within 90 days.
3. A forty-five-year-old head of household has correctly filed a formal declaration of

homestead. The condo is worth $250,000
and has a first loan of $125,000, plus a $35,000 homeowner equity second loan. A judgment
creditor petitions the court to
force the sale of the condo for the payment of a $25,000 debt. Assuming the court orders the
sale of the condo, how will the
proceeds be distributed?
1. An easement on a parcel of land may be
removed from the records by one of the
following:
a. Reconveyance deed
b. Unlawful detainer action
c. Recording a quitclaim deed executed by
the user of the easement to the servient
tenement
d. Lis pendens action
c. Recording a quitclaim deed executed by

the user of the easement to the servient
tenement
2. Materials were delivered to a building site

for the construction of a commercial
building. To be sure the supplier can collect
for the cost of the material, he or she should
file a
a. homestead declaration.
b. preliminary notice.
c. surety bond.
d. subordination lien
b. preliminary notice.
3. The terms ingress and egress refer to

a. utilities.
b. streams.
c. encroachments.
d. easements.
d. easements.
ch 3
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4. An easement is an example of
a. general lien on real property.
b. an encumbrance on real property.
c. an equitable restriction on real property.
d. a specific lien on real property.
b. an encumbrance on real property.
5. A formally declared homestead can be

terminated in all of the following ways,
except by
a. renting the property.
b. making untrue statements in the
homestead declaration.
c. selling the property.
d. filing an abandonment of homestead.
a. renting the property.
6. When a property owner discovers that a

neighbor has built a structure on a portion of
his or her property, how long does the
property owner normally have to bring an
action against
the neighbor?
a. Six months
b. Two years
c. Three years
d. Fifteen years
c. Three years
7. A mechanics' lien can be filed and

recorded for the benefit of
a. painters.
b. subcontractors.
c. material suppliers.
d. all of the above.
d. all of the above.
8. Which document does not need to be

recorded to be valid?
a. Mechanics' lien.
b. Feed.
c. Formal homestead declaration.
d. None of the above need to be recorded to
be valid.
b. Feed.
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10. A plaintiff takes a case to court and

obtains a judgment. To create a lien on the
defendant's property, the plaintiff must
record a(n)
a. writ of attachment.
b. abstract of judgment.
c. writ of execution.
d. lis pendens action.
b. abstract of judgment.
11. A telephone company's right to enter

your property to maintain power lines is an
example of a. a servient tenement b. a
mechanics' lien c. an easement in gross d. an
easement appurtenant a.
a servient tenement.
b. a mechanics' lien.
c. an easement in gross.
d. an easement appurtenant.
c. an easement in gross.
13. If zoning laws allow a property to be used

in such a manner that is prohibited by a
lawful deed restriction, the
a. owner must file a quiet title action.
b. zoning allowance should prevail over a
deed restriction.
c. deed restriction should prevail.
d. owner must file a quitclaim deed.
c. deed restriction should prevail.
14. Which of the following is an involuntary

lien?
a. Homestead
b. Encroachment
c. Mortgage
d. Judgment
d. Judgment
15. Private deed restrictions are known as

CC&Rs. The first C stands for
a. condition.
b. covenant.
c. convenient.
d. cooperative.
b. covenant.
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16. Once properly recorded, an abstract of

judgment is good for
a. ten years.
b. seven years.
c. five years.
d. three years.
a. ten years.
17. If an owner files a notice of completion, a

general contractor has how many days to file
a mechanics' lien?
a. Ninety days
b. Sixty days
c. Thirty days
d. Ten days
b. Sixty days
18. If an owner files a notice of completion, a

subcontractor has how many days to file a
mechanics' lien?
a. Ninety days
b. Sixty days
c. Thirty days
d. Ten days
c. Thirty days
19. If a landlord wishes to be protected from

a mechanics' lien on work ordered by a
tenant, upon discovery of the work, the
landlord must file a notice of onresponsibility
within how many days?
a. Ninety days
b. Sixty days
c. Thirty days
d. Ten days
d. Ten days
20. Which of the following is a general lien?

a. Real Estate Property taxes
b. Special assessment
c. Mortgage
d. Judgment
d. judgment
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2. Which of the following terms do not

belong together?
a. Joint tenancy, probate hearing
b. Tenancy in common, equal interest
c. Tenancy in common, severalty
(separate)estate
d. All of the above
d. All of the above
3. Which of the following is considered to be

a less-than-freehold estate?
a. Fee simple absolute
b. Life estate
c. Leasehold estate
d. Fee simple defeasible
c. Leasehold estate
4. The single most important characteristic of

joint tenancy is
a. equal rights of use.
b. equal interest.
c. right of survivorship.
d. right to encumber.
c. right of survivorship.
5. It is impossible for a corporation to legally

hold title as a
a. trustee.
b. joint tenant.
c. tenant in common.
d. California corporation.
b. joint tenant.
6. Which of the following is not one of the

four unities of joint
tenancy?
a. Time
b. Interest
c. Security
d. Title
c. Security
7. A deeds a life estate to B; upon B's death,

title is to pass to C. This is an example of a
a. perpetual estate.
b. less-than-freehold estate.
c. remainder estate.
d. fee simple estate.
c. remainder estate.
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8. The term fee simple defeasible is best

described in which statement?
a. Owner holds a title without limitations.
b. Owner holds a less-than-freehold estate.
c. Owner holds title subject to deed
restrictions.
d. Owner holds an estate in remainder.
c. Owner holds title subject to deed

restrictions.
9. Smith and Dang are joint tenants; Dang

sells his half of the property to Brown.
Brown will take title with Smith as
a. joint tenants.
b. tenants in common.
c. ownership in severalty.
d. separate property.
b. tenants in common.
10. Community property is defined as

property acquired by a husband and wife or
registered domestic partners
a. before marriage or domestic registration.
b. after marriage or domestic registration.
c. by either party by gift or inheritance.
d. before or after marriage or registration
b. after marriage or domestic registration.
11. Real estate syndicates usually hold title to

property as
a. general partnership.
b. limited partnership.
c. tenants in common.
d. tenancy in partnership.
b. limited partnership.
12. Freehold estates are sometimes called

estates of
a. inheritance.
b. will.
c. accession.
d. years.
a. inheritance.
13. Ownership in severalty refers to holding

title as
a. joint tenants.
b. an individual.
c. co-ownership.
d. partners
b. an individual.
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16. In California, without any evidence to the

contrary, a husband and wife or registered
domestic partners are presumed to hold
title as
a. tenants in common.
b. joint tenants.
c. community property.
d. tenancy in partnership.
c. community property.
17. To be valid, all owners must have equal

shares, except for
a. community property.
b. joint tenancy.
d. All of the above must have equal shares.
18. For a married person or registered

domestic partner, which of the following is
most likely to be separate property? Real
estate recently acquired by
a. gift.
b. severalty.
c. purchase.
d. foreclosure.
a. gift.
19. Which real estate owner is usually

considered to be liable only for the amount
of invested capital, not the owner's personal
assets?
a. Tenant in common
b. General partner
c. Joint tenant
d. Limited partner
d. Limited partner
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2. If a married man with two children died

without leaving a will, separate property that
was purchased by him before he married
and was maintained as separate property
during the marriage would be distributed as
follows:
a. One-half to the children
b. One-half to the widow
c. All to the widow
d. One-third to the widow and two-thirds to
the children
d. One-third to the widow and two-thirds to

the children
3. How many acres are there in a parcel of

property that includes the following: the NW
of the SW , the E of the NW , and
the NE of the SW of Section 5?
a. 320 acres
b. 160 acres
c. 40 acres
d. 80 acres
b. 160 acres
7. All of the following statements concerning

wills are correct except which?
a. A statutory will uses a form approved by
the state.
b. A holographic will can be signed by an X
if it is witnessed.
c. An administratrix is appointed by a
probate court.
d. A person who receives real property by
will is known as a devisee.
b. A holographic will can be signed by an X

if it is witnessed.
18. Which Statement regarding deeds is

false? a. a minor who is no emancipated can
receive title bu cannot convey title without
court action b. Incompetent persons cannot
convey title without court action. c. A person
cannot take legal title under an assumed
name. d. A valid deed need not be recorded
c. A person cannot take legal title under an

assumed name.
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1. How does an easement by prescription

differ from adverse possession?
an easement by prescription is an attempt to

obtain the right to travel over the land of
another, while adverse possession is an
attempt to take title to the land of another.
both require hostile, open, and notorious use
for at least five years under a claim of right
or color of title. But adverse possession also
requires the payment of the property taxes
for at least give years, while easement by
prescription does not.
9. One way of acquiring an easement is by

prescription. All of the following are required
for the creation of this type of easement,
except. a. paying the property taxes for 5
years b. using the property hostile to the true
owner's wishes c. using the property openly
ad notoriously d. having some right of claim
or color of title
a. paying the property taxes for 5 years
12. A thirty-five year old head of household

files a legally declared homestead against a
$480,000 home that has a $370,000 loan
against the property. A judgement creditor
attempts to force the sale of the home. If the
home is sold, the judgment creditor is
allowed how much from the sale proceeds? a.
$35,000 b. $75,000 c. $100,000 d. nothing
a. $35,000
1. Which of the following statements is false?

a. The right of survivorship is present in a
tenancy in common.
b. A life estate tenant is responsible for
payment of the property tax.
c. A leasehold estate is a less-than-freehold
estate.
d. Unity of possession is present in joint
tenancy and tenancy in common ownerships.
a. The right of survivorship is present in a

tenancy in common.
ch 2 part II
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14. Garcia owned a life estate in a property.

Garcia leased the property to Williams for
five years. Two years later, Garcia died. The
lease is
a. valid and in force for the rest of the term.
b. valid for a two-year period after the death
of Garcia.
c. invalid from the beginning; a life estate
owner cannot sign a lease.
d. canceled and invalid upon Garcia's death.
d. canceled and invalid upon Garcia's death.
15. A, B, and C are joint tenants, and they

hold title to the NW of Section 24 in some
township. C deeds her interest to D.
a. D is a joint tenant with A and B.
b. D acquired approximately 53.33 acres.
c. D owns a one-third interest in 160 acres.
d. A, B, and D are all tenants in common
with each other.
c. D owns a one-third interest in 160 acres.
20. Regarding the best method for buyers to

hold title: a. Real estate agents should tell
buyers the best way. b. Buyers should seek
advice from their attorneys. c. Joint tenancy
is always the best method. d. For married
couples and registered domestic partners in
California, community property is the only
method allowed.
b. Buyers should seek advice from their

attorneys.
12/28/2014 4:31 PM

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 Start with Flashcards

2. Which of the following is not considered

B pay taxes is not bundle of rights

3. Which of the following is considered land

d. Reasonable airspace above the land

4. The right of the owner of land bordering

5. Wall-to-wall carpeting in a single-family