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Questions and Answers
What is one method used to determine if an item is a fixture or personal property?
What is one method used to determine if an item is a fixture or personal property?
What document should be used to convey title to personal property in a real estate transaction?
What document should be used to convey title to personal property in a real estate transaction?
Which of the following statements is true regarding the intention of the annexor?
Which of the following statements is true regarding the intention of the annexor?
What should be included in a purchase agreement if the seller plans to remove certain items before the transaction closes?
What should be included in a purchase agreement if the seller plans to remove certain items before the transaction closes?
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Which of the following is typically considered part of the real property?
Which of the following is typically considered part of the real property?
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What happens if there is no written agreement between parties regarding fixtures?
What happens if there is no written agreement between parties regarding fixtures?
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Which of the following scenarios exemplifies a permanent attachment to real property?
Which of the following scenarios exemplifies a permanent attachment to real property?
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Which of the following could be classified as a fixture based on adaptation to the real property?
Which of the following could be classified as a fixture based on adaptation to the real property?
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What is the primary purpose of a plat map in property subdivision?
What is the primary purpose of a plat map in property subdivision?
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Which of the following describes a method used by surveyors to create subdivision maps?
Which of the following describes a method used by surveyors to create subdivision maps?
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What information does a referenced lot number provide in legal descriptions of property?
What information does a referenced lot number provide in legal descriptions of property?
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What additional information might be found on a plat map aside from lot boundaries?
What additional information might be found on a plat map aside from lot boundaries?
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When can a simple reference to a recorded document be used as a property description?
When can a simple reference to a recorded document be used as a property description?
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Which of the following is NOT included in the information provided by a plat map?
Which of the following is NOT included in the information provided by a plat map?
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What must be ensured for a tax assessor's map to be used in property description?
What must be ensured for a tax assessor's map to be used in property description?
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What is the term used for groups of lots surrounded by streets in a subdivision?
What is the term used for groups of lots surrounded by streets in a subdivision?
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What happens to a house when it is purchased separately from the land?
What happens to a house when it is purchased separately from the land?
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Which of the following is NOT a method of legal description for a property?
Which of the following is NOT a method of legal description for a property?
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What is the initial step in a metes and bounds description?
What is the initial step in a metes and bounds description?
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Why is it important for the legal description of a property to be accurate?
Why is it important for the legal description of a property to be accurate?
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In a metes and bounds description, what do 'courses' refer to?
In a metes and bounds description, what do 'courses' refer to?
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What kind of objects can serve as monuments in a metes and bounds description?
What kind of objects can serve as monuments in a metes and bounds description?
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What might happen if a legal description of a property is ambiguous?
What might happen if a legal description of a property is ambiguous?
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When does a house that is personal property transform back into real property?
When does a house that is personal property transform back into real property?
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What divides the land into rows or tiers in the government survey system?
What divides the land into rows or tiers in the government survey system?
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Which line is used as a reference for identifying townships in the government survey system?
Which line is used as a reference for identifying townships in the government survey system?
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How is a township identified in the government survey system?
How is a township identified in the government survey system?
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What is the area of each township in the government survey system?
What is the area of each township in the government survey system?
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What is the naming convention for a township located in the fourth tier north and the third range east?
What is the naming convention for a township located in the fourth tier north and the third range east?
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What is the purpose of a guide meridian in the grid system?
What is the purpose of a guide meridian in the grid system?
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How many sections does each township contain?
How many sections does each township contain?
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Which of the following principal meridians is NOT one of the three mentioned for California?
Which of the following principal meridians is NOT one of the three mentioned for California?
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Which method of legal description involves the use of monuments, courses, and distances?
Which method of legal description involves the use of monuments, courses, and distances?
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What type of water rights do landowners have when their property borders a stationary body of water?
What type of water rights do landowners have when their property borders a stationary body of water?
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In the government survey system, what is a 'township'?
In the government survey system, what is a 'township'?
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Which term refers to crops produced annually through the labor of the cultivator?
Which term refers to crops produced annually through the labor of the cultivator?
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What is the function of a 'point of beginning' in a metes and bounds description?
What is the function of a 'point of beginning' in a metes and bounds description?
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Which of the following describes the term 'riparian rights'?
Which of the following describes the term 'riparian rights'?
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Which legal term is used to refer to personal property that a tenant attaches to real property for business purposes?
Which legal term is used to refer to personal property that a tenant attaches to real property for business purposes?
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What is the principal meridian used for in the government survey system?
What is the principal meridian used for in the government survey system?
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Which of the following is typically included in real property?
Which of the following is typically included in real property?
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What legal principle protects tenant farmers when they have planted crops?
What legal principle protects tenant farmers when they have planted crops?
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How many acres are there in a standard section of a township?
How many acres are there in a standard section of a township?
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What is the area of a parcel that measures 1/4 of a mile by 1/4 of a mile?
What is the area of a parcel that measures 1/4 of a mile by 1/4 of a mile?
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What is the distance between the east and west boundary lines of a township?
What is the distance between the east and west boundary lines of a township?
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In a township consisting of 36 sections numbered consecutively, where is the last section located?
In a township consisting of 36 sections numbered consecutively, where is the last section located?
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What defines ownership of oil and gas extracted from beneath a property?
What defines ownership of oil and gas extracted from beneath a property?
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What is required to obtain a water appropriation permit?
What is required to obtain a water appropriation permit?
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Flashcards
What becomes part of real estate?
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?
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?
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?
What's the significance of physical attachment?
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What are the common tests to determine a fixture?
What are the common tests to determine a fixture?
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How does adaptation affect fixture status?
How does adaptation affect fixture status?
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How does intention affect fixture status?
How does intention affect fixture status?
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How does party relationship affect fixture status?
How does party relationship affect fixture status?
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What happens when a house is detached from land?
What happens when a house is detached from land?
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What does a property description do?
What does a property description do?
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Why is a clear property description important?
Why is a clear property description important?
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What is the Metes and Bounds method?
What is the Metes and Bounds method?
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What are monuments in property descriptions?
What are monuments in property descriptions?
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What are courses and distances in property descriptions?
What are courses and distances in property descriptions?
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What is the 'point of beginning' in a Metes and Bounds description?
What is the 'point of beginning' in a Metes and Bounds description?
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How does a Metes and Bounds description work after establishing the point of beginning?
How does a Metes and Bounds description work after establishing the point of beginning?
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Government Survey System
Government Survey System
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Range and Township Lines
Range and Township Lines
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Principal Meridian
Principal Meridian
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Base Line
Base Line
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Township
Township
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Township Tiers
Township Tiers
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Ranges
Ranges
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Section
Section
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Plat Map Description
Plat Map Description
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Plat or Plat Map
Plat or Plat Map
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Lot Number on a Recorded Plat
Lot Number on a Recorded Plat
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Block (on Plat Map)
Block (on Plat Map)
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Reference to Earlier Document
Reference to Earlier Document
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Reference to Survey or Tax Assessor Map
Reference to Survey or Tax Assessor Map
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Title Search
Title Search
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Grant Deed
Grant Deed
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Metes and Bounds
Metes and Bounds
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Monument
Monument
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Point of Beginning
Point of Beginning
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Course
Course
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Distance
Distance
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Government Survey
Government Survey
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What is a fixture?
What is a fixture?
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What is the method of attachment test?
What is the method of attachment test?
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What is the adaptation of the property test?
What is the adaptation of the property test?
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What is the intention of the annexor test?
What is the intention of the annexor test?
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What is the relationship of the parties test?
What is the relationship of the parties test?
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What is a trade fixture?
What is a trade fixture?
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What is an appurtenance?
What is an appurtenance?
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What are riparian rights?
What are riparian rights?
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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.