Real Estate Property Quiz
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Questions and Answers

What is one method used to determine if an item is a fixture or personal property?

  • Method of attachment (correct)
  • Size of the item
  • Color of the item
  • Cost of the item
  • What document should be used to convey title to personal property in a real estate transaction?

  • Lease agreement
  • Real estate contract
  • Bill of sale (correct)
  • Purchase offer
  • Which of the following statements is true regarding the intention of the annexor?

  • It is irrelevant if the item is attached.
  • It is only considered after a court case.
  • It only matters for items under a certain value.
  • It helps determine if an item is a fixture. (correct)
  • What should be included in a purchase agreement if the seller plans to remove certain items before the transaction closes?

    <p>An explicit statement regarding the removal (C)</p> Signup and view all the answers

    Which of the following is typically considered part of the real property?

    <p>Chandelier (D)</p> Signup and view all the answers

    What happens if there is no written agreement between parties regarding fixtures?

    <p>Courts will use a series of tests to classify items. (B)</p> Signup and view all the answers

    Which of the following scenarios exemplifies a permanent attachment to real property?

    <p>Trees with roots in the soil (C)</p> Signup and view all the answers

    Which of the following could be classified as a fixture based on adaptation to the real property?

    <p>A fence surrounding a yard (A)</p> Signup and view all the answers

    What is the primary purpose of a plat map in property subdivision?

    <p>To make legal descriptions of subdivided land more convenient (C)</p> Signup and view all the answers

    Which of the following describes a method used by surveyors to create subdivision maps?

    <p>Metes and bounds method (B)</p> Signup and view all the answers

    What information does a referenced lot number provide in legal descriptions of property?

    <p>It serves as a sufficient legal description of the lot (B)</p> Signup and view all the answers

    What additional information might be found on a plat map aside from lot boundaries?

    <p>Dimensions of easements and location of survey markers (C)</p> Signup and view all the answers

    When can a simple reference to a recorded document be used as a property description?

    <p>When there is an adequate description already in public record (D)</p> Signup and view all the answers

    Which of the following is NOT included in the information provided by a plat map?

    <p>Location of nearby schools (B)</p> Signup and view all the answers

    What must be ensured for a tax assessor's map to be used in property description?

    <p>It must be recorded in the county where the property is located (B)</p> Signup and view all the answers

    What is the term used for groups of lots surrounded by streets in a subdivision?

    <p>Blocks (A)</p> Signup and view all the answers

    What happens to a house when it is purchased separately from the land?

    <p>It becomes personal property. (C)</p> Signup and view all the answers

    Which of the following is NOT a method of legal description for a property?

    <p>Geographical coordinates (C)</p> Signup and view all the answers

    What is the initial step in a metes and bounds description?

    <p>Specify a point of beginning. (A)</p> Signup and view all the answers

    Why is it important for the legal description of a property to be accurate?

    <p>To facilitate future transactions without confusion. (A)</p> Signup and view all the answers

    In a metes and bounds description, what do 'courses' refer to?

    <p>The compass readings indicating directions. (D)</p> Signup and view all the answers

    What kind of objects can serve as monuments in a metes and bounds description?

    <p>Either natural or man-made objects. (A)</p> Signup and view all the answers

    What might happen if a legal description of a property is ambiguous?

    <p>It could invalidate contracts or deeds. (D)</p> Signup and view all the answers

    When does a house that is personal property transform back into real property?

    <p>When it is installed on a new site. (B)</p> Signup and view all the answers

    What divides the land into rows or tiers in the government survey system?

    <p>Township lines (C)</p> Signup and view all the answers

    Which line is used as a reference for identifying townships in the government survey system?

    <p>Principal meridian (C)</p> Signup and view all the answers

    How is a township identified in the government survey system?

    <p>By its position relative to the principal meridian and base line (B)</p> Signup and view all the answers

    What is the area of each township in the government survey system?

    <p>36 square miles (D)</p> Signup and view all the answers

    What is the naming convention for a township located in the fourth tier north and the third range east?

    <p>T4N, R3E (B)</p> Signup and view all the answers

    What is the purpose of a guide meridian in the grid system?

    <p>To mark every fourth range line (C)</p> Signup and view all the answers

    How many sections does each township contain?

    <p>36 sections (C)</p> Signup and view all the answers

    Which of the following principal meridians is NOT one of the three mentioned for California?

    <p>Los Angeles (A)</p> Signup and view all the answers

    Which method of legal description involves the use of monuments, courses, and distances?

    <p>Metes and bounds (C)</p> Signup and view all the answers

    What type of water rights do landowners have when their property borders a stationary body of water?

    <p>Littoral rights (B)</p> Signup and view all the answers

    In the government survey system, what is a 'township'?

    <p>A division comprised of 36 sections (B)</p> Signup and view all the answers

    Which term refers to crops produced annually through the labor of the cultivator?

    <p>Emblements (A)</p> Signup and view all the answers

    What is the function of a 'point of beginning' in a metes and bounds description?

    <p>It serves as the starting point for measurements (A)</p> Signup and view all the answers

    Which of the following describes the term 'riparian rights'?

    <p>The rights to reasonable use of flowing water (C)</p> Signup and view all the answers

    Which legal term is used to refer to personal property that a tenant attaches to real property for business purposes?

    <p>Trade fixtures (C)</p> Signup and view all the answers

    What is the principal meridian used for in the government survey system?

    <p>As a reference point for land description (D)</p> Signup and view all the answers

    Which of the following is typically included in real property?

    <p>Kitchen sink (A)</p> Signup and view all the answers

    What legal principle protects tenant farmers when they have planted crops?

    <p>Doctrine of emblements (D)</p> Signup and view all the answers

    How many acres are there in a standard section of a township?

    <p>640 (B)</p> Signup and view all the answers

    What is the area of a parcel that measures 1/4 of a mile by 1/4 of a mile?

    <p>1/16 of a section (C)</p> Signup and view all the answers

    What is the distance between the east and west boundary lines of a township?

    <p>Six miles (B)</p> Signup and view all the answers

    In a township consisting of 36 sections numbered consecutively, where is the last section located?

    <p>Southeast corner (B)</p> Signup and view all the answers

    What defines ownership of oil and gas extracted from beneath a property?

    <p>Rule of capture (B)</p> Signup and view all the answers

    What is required to obtain a water appropriation permit?

    <p>No necessity to own riparian or littoral land (D)</p> Signup and view all the answers

    Flashcards

    What becomes part of real estate?

    Items permanently attached to land become real estate. This includes things planted like trees and buried like sewer lines, as well as those resting like sheds and affixed with screws or cement.

    How do you prevent disputes over items in a sale?

    A written agreement between parties that clarifies how an item will be classified (real estate or personal property) is legally binding and helps prevent future disputes. This agreement is typically found in the purchase agreement.

    What documents are involved in transferring ownership of personal property vs. real estate?

    A bill of sale transfers ownership of personal property, while a deed conveys title to real estate. A bill of sale may be required to move certain items.

    What's the significance of physical attachment?

    Items physically attached to land, even without being directly attached, become fixtures. Gravity alone can be enough, think of buildings built without foundations.

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    What are the common tests to determine a fixture?

    The method of attachment (roots, embedded, resting, or affixed), adaptation to the property (custom-made shelves), intent of the annexor (meant to be permanent?), and relationship of the parties (landlord vs tenant?) are legal standards. Court uses them to classify items.

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    How does adaptation affect fixture status?

    An item that fits perfectly or is designed for a specific space in the property is more likely to be a fixture than something generic. Example: custom-made bookshelves built into a wall.

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    How does intention affect fixture status?

    The intention of the person who installed or attached the item matters. If they intended it to be permanent, it's more likely a fixture. For example, a built-in Jacuzzi is likely a fixture unlike a portable hot tub.

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    How does party relationship affect fixture status?

    The relationship between the parties is used in legal arguments. For example, a tenant may rent an appliance that is still owned by the landlord, so it's not a fixture.

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    What happens when a house is detached from land?

    Personal property results when a house is detached from the land and becomes movable, subject to sales tax.

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    What does a property description do?

    The legal description in a property transfer document specifies the exact piece of land being conveyed.

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    Why is a clear property description important?

    An ambiguous or inaccurate property description could make a contract or deed invalid, causing problems for current and future transactions.

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    What is the Metes and Bounds method?

    The metes and bounds method describes a parcel's boundaries using landmarks, directions, and distances.

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    What are monuments in property descriptions?

    Monuments are natural or man-made objects used as reference points in boundary descriptions.

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    What are courses and distances in property descriptions?

    Courses, expressed as compass readings, and distances, measured in units, define the boundaries of a property.

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    What is the 'point of beginning' in a Metes and Bounds description?

    The starting point in a Metes and Bounds description is a well-defined point on the property.

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    How does a Metes and Bounds description work after establishing the point of beginning?

    A Metes and Bounds description typically follows a series of courses and distances from the point of beginning to define the property's boundaries.

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    Government Survey System

    A system for describing land using a grid of squares, also known as townships.

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    Range and Township Lines

    Imagine lines running north/south and east/west on a map, marking the boundaries of townships.

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    Principal Meridian

    A line that runs north-south in the Government Survey System, defining a grid.

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    Base Line

    A line running east/west in the Government Survey System, marking the starting point of townships.

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    Township

    The area of land located where a range line and a township tier intersect, measuring 36 square miles.

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    Township Tiers

    The rows of townships running east-west.

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    Ranges

    The columns of townships running north-south.

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    Section

    A unit of land measuring 1 square mile, equivalent to 640 acres.

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    Plat Map Description

    A method of describing land using a recorded map that divides land into lots and blocks, commonly used in urban and suburban areas.

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    Plat or Plat Map

    A map that shows the division of land into lots and blocks, recorded for legal purposes.

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    Lot Number on a Recorded Plat

    A reference to a specific lot number on a recorded plat map, used to legally describe a piece of property.

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    Block (on Plat Map)

    A group of lots surrounded by streets, often found on a plat map.

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    Reference to Earlier Document

    A method of describing land by referencing a previously recorded document containing a detailed legal description.

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    Reference to Survey or Tax Assessor Map

    A reference to a survey or tax assessor's map, used to legally describe property.

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    Title Search

    A process of examining the history of ownership and legal claims on a property.

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    Grant Deed

    A legal document that grants ownership of property from one person to another.

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    Metes and Bounds

    Describes land by using monuments, courses, and distances.

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    Monument

    A visible marker (natural or artificial) that defines a property boundary in a metes and bounds description.

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    Point of Beginning

    The starting point in a metes and bounds description; usually a monument or a point referenced to a monument.

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    Course

    The direction of a property boundary line in a metes and bounds description, expressed as a compass bearing.

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    Distance

    The length of a property boundary line, measured in units like feet or meters, in a metes and bounds description.

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    Government Survey

    A system of land description where land is divided into squares called townships, then further divided into sections.

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    What is a fixture?

    A fixture is an item that was once personal property but has become a permanent part of real estate. This happens when the item is attached to the real estate in a way that suggests it was intended to be permanent. Examples include built-in appliances, landscaping, and attached sheds.

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    What is the method of attachment test?

    The method of attachment test considers how an item is attached to the property. Items that are attached by roots, embedded in the ground, resting on the land, or firmly affixed are likely to be considered fixtures.

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    What is the adaptation of the property test?

    The adaptation of the property test focuses on whether the item was specifically designed or adapted for the specific property. Custom-made features or items that fit perfectly in a unique space are strong indicators of a fixture.

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    What is the intention of the annexor test?

    The intention of the annexor test focuses on the intent of the person who attached the item. Did they intend to make the item a permanent part of the property? If so, it's likely a fixture.

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    What is the relationship of the parties test?

    The relationship of the parties test considers the legal relationship between the person who attached the item and the owner of the property. For example, a tenant might install trade fixtures for their business, which they can remove at the end of the lease.

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    What is a trade fixture?

    A trade fixture is an item installed by a tenant for business use. It can be removed by the tenant at the end of the lease. It's important to clearly distinguish trade fixtures from fixtures that become part of the real estate.

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    What is an appurtenance?

    An appurtenance is a right or interest that's connected to the property. These rights are often considered part of the real estate and transfer with the property. An example of an appurtenance is riparian rights.

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    What are riparian rights?

    Riparian rights are the rights of a landowner to the reasonable use of water flowing across their property or bordering it. These rights grant the landowner the right to use the water but not to own it.

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    Study Notes

    Principles of California Real Estate

    • This book covers various aspects of California real estate law, including contracts, financing, and appraisal.
    • The book is the 19th edition, published in 2021 by Rockwell Publishing Company.
    • The ISBN is 978-1-950728-00-8
    • The book is printed in the United States of America.
    • It includes chapters on the nature of real property, transfer of real property, encumbrances, public restrictions, contracts, agency law, financing, appraisal, and closing transactions, among other topics.

    Chapter 1: The Nature of Real Property

    • Real property encompasses land, improvements, and rights associated with ownership, including appurtenances (air, water, mineral, oil, and gas rights).
    • Attachments include natural (trees, plants) and manmade (fixtures) items permanently affixed to the land.
    • Fixtures are items that were originally personal property but are now legally considered real property due to their attachment or adaptation to the property.
    • Mobile homes are categorized as either personal or real property based on their attachment/registration status.
    • Legal descriptions of land (metes and bounds, government survey, and recorded maps) are essential for transactions.

    Chapter 2: Estates in Land and Methods of Holding Title

    • Examines different types of estates in land (e.g., fee simple, life estate).
    • Explains methods of holding title, such as tenancy in common, joint tenancy, and community property.

    Chapter 3: Transfer of Real Property

    • Explains processes for voluntary and involuntary transfer of title.
    • Discusses the role of title insurance in protecting interests in real estate transactions.

    Chapter 4: Encumbrances

    • Covers various types of encumbrances (financial and non-financial).
    • Defines and explains liens, easements, and other real estate restrictions.

    Chapter 5: Public Restrictions on Land

    • Outlines rules and regulations regarding land use, often controlled by local and state governments.
    • Discusses eminent domain and taxation of real property.

    Chapter 6: Contract Law

    • Details various types of real estate contracts
    • Provides insights into the essential elements of valid contracts and rules to follow during transactions
    • Explains breach of contract and how to resolve various problems using applicable laws

    Chapter 7: Types of Real Estate Contracts

    • Covers various aspects of contracts, including Listing Agreements, Buyer Representation Agreements, Purchase Agreements, Land Contracts, Option Agreements, and Leases.

    Chapter 8: Real Estate Agency Law

    • Explains the fundamental concepts of agency relationships in real estate transactions.
    • Discusses the duties and responsibilities of real estate agents.

    Chapter 9: Principles of Real Estate Financing

    • Discusses the economics of real estate finance and real estate finance markets.
    • Explores various real estate financing documents, such as mortgages and other forms of lending.

    Chapter 10: Applying for a Residential Loan

    • Covers choosing a lender, the loan application process, common loan features, as well as options available for residential financing, including programs and predatory lending.

    Chapter 11: Real Estate Appraisal

    • Introduction to real estate appraisal, including the appraisal process and methods.

    Chapter 12: Closing Real Estate Transactions

    • Discusses escrow, closing costs, and settlement statements.
    • Details aspects of income taxes tied to closing a property.

    Chapter 13: Income Taxation and Real Estate

    • Explains fundamental taxation related to property, including exclusions and deductions related to real estate.

    Chapter 14: Antidiscrimination Laws and Other Marketing Regulations

    • Outlines federal and state laws to ensure fairness when considering property and related services, including advertising regulations.

    Chapter 15: Real Estate Construction, Ownership, and Investment

    • Provides an overview of construction, ownership, and investment opportunities in real estate.

    Chapter 16: California Real Estate License Law

    • Explores California regulations regarding license requirements, and related issues.

    Chapter 17: Real Estate Math

    • Deals with mathematical problems related to real estate, including calculations for area, volume, percentages, assessments, and prorations

    Glossary

    • Definitions for key terms throughout the book are provided in the Glossary.

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    Description

    Test your knowledge on the distinctions between fixtures and personal property in real estate. This quiz covers key concepts such as purchase agreements, plat maps, and legal descriptions. Perfect for students and professionals looking to enhance their understanding of property laws.

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