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152 Cards in this Set
- Front
- Back
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Compile, arrange, systemize, and writebthe laws of a given region into a code |
codify |
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The body of law imposed by the state or government |
civil law |
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The body of law based on custom and judicial precedent |
common law |
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Written law enacted by federal and state legislative bodies |
statutory law |
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Another term for statutory law |
black letter law |
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A municipal law or regulation |
ordinance |
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What is the theory of stare decisis |
The court is bound by precedents set by other courts |
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What are the two categories of law |
civil and criminal |
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A legal wrong for which civil remedies for injuries or damaged are provided |
tort |
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The process of bringing a lawsuit against someone |
litigation |
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Live, oral testimonies under oath |
depositions |
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All legal rights that are attached to the ownership of physical property |
bundle of rights |
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The right to borrow money in order to purchase or finance |
right to encumber |
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Property attached to the land |
real property |
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Fructus natutales |
naturally occurring plant growth, considered part of real property |
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Fructus industriales |
crops produced by human labor, considered personal property |
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Fixture |
anything permanently attached to real property |
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Fixtures added to a property for the purpose of conducting business |
trade fixture |
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All the rights that pass with the transfer of the property |
appurtenances |
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The rights an owner has to the air space above the property to a reasonable height |
air height |
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Two types of water |
surface and groundwater |
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Water found on the land and in nature |
surface water |
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Water beneath the surface of the land |
groundwater |
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Rights applying to surface water |
riparian/usufructary rights |
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Lateral support |
right to have your property in its natural condition |
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Subjacent support |
right to have your land supported beneath its surface |
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Subsurface rights |
rights to the natural resources below the surface of a property |
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Professional measurement of a tract of land |
survey |
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A point, line, or surface against which measurements are made |
datum |
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Another term for point of beginning |
terminus |
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How big are townships |
6 by 6 miles (36 square miles) |
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What lines are used for the Public Land Survey System |
principal meridans and base line |
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Two types of real property interests |
possessory and non-possessory |
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An estate with indefinite duration |
freehold estate |
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The present right to physically occupy land and to exclude others from that same land |
possessory interest |
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non-possessory interest |
interest that cannot be exercised today but will in the future |
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3 types of estates |
fee simple absolute, fee simple defeasible, and life estates |
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Type of estate that gives the owner the greatest power over the title |
fee simple absolute estate |
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Type of estate where the ownership is dependent on specific conditions |
fee simple defeasible |
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Statute designed to simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title |
marketable record title act |
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A present possessory interest that gives the grantee a possessory interest for the length of a measuring life |
life estate |
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When someone resumes possession of a property after the life tenant's death |
reversionary interest |
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a leasehold interest where the duration is determined by the term or frequency of rent payment |
periodic tenancy |
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Lease that has a fixed term and definite end date |
tenancy for years |
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When the tenant's right to remain has expired (holdover tenant) |
tenancy at sufferance |
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Tenancy at will |
when a tenant obtains possession of the property without the owner's permission |
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The right of the owner of the dominant tenenment the right to do something |
affirmative easement |
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Negative easement |
the right of the dominant tenement to prohibit certain actions on the property |
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Easements created with the approval of the servient tenement |
advetse easement |
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A right attatched to one parcel of land that comes along with the normal rights in taking title to that property |
appurtant easement |
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A personal right of one person to use land owned by another |
easement in gross |
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Easement created by law because it is essential for the use of the property |
easement by necessity |
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An easement created when one person acquires an involuntary easment in the land of another |
easement by prescription |
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Pre-packaged limitations on what you can do with your property known as "CC&Rs" |
covenants, conditions, and restrictions |
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The home occupied by a family that is exempt from the claims of unsecured creditors |
homestead |
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A judicial order that a judgement be enforced |
writ of execution |
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A permissive use of land that is revocable by the grantor |
license |
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escheat |
The process by of private properties reverting to the government when the owner dies without a will |
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Spot zoning |
when a public entity decides to change the zoning for a single parcel |
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Setbacks |
how close a structure can be built to neighboring property lines |
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Abatement |
legal process to remove nuisances and code violations |
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Ministerial projects |
permits an applicant has a mandatory right to recieve |
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When the government places an excessive amount of restrictions |
regulatory taking |
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When the government takes private land for public use |
physical taking |
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NEPA |
National Enrivonmental Policy Act |
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Mandatory elements of a general plan |
Land use, housing, and public safety |
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A partition erected on a property boundary to provide common support to the structure |
party wall |
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Division fence |
a fence that separates two properties |
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Adjoining landowners, (coterminous owners) |
people that share common boundaries and therefore have mutual rights |
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How much time does a landowner have to give each affected adjoining landowner a written notice of amy intent to occur costs for a division fence |
30 days |
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How tall must a fence be to be considered a private nuisance |
10 feet |
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What is the height restriction imposed by most cities for fences |
6 feet tall |
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Spite fence |
a fence erected to annoy the neighbor |
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Trees whose trunks grow on the boundary line |
line trees |
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Who is responsible for the maintenance of line trees |
both landowners |
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Agreed boundary doctrine |
a new boundary line set by noth landowners when there is uncertainty regarding an actual boundary line |
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Difference between private and public nuisance |
private affects a few people and public affects the whole community |
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Removing ir destroying a nuisance without causing injury |
abatement |
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The 2 legal remedies available to obtain relief for a trespass |
abatement or civil action |
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What is the statute of limitations to remove an enroachment |
3 years |
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When the court allows the enroachment to stay, requiring the enroacher to pay the owner money damages |
balancing the equities |
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A claim of full ownership of a land |
adverse possession |
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A claim for the right to use a land |
prescriptive easement |
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What determines the ownership of a tree and its fruits |
the location of the trunk |
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Prevents adjacent landowners from building a structure that woulf block sunlight or air from reaching the dominant estate |
light, air, and view easement |
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"First in time" rule |
whichever was first between a tree and solar energy system can remain |
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Where is the boundary line situated if the boundary is a non-navigable waterway |
thread of the waterway |
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Who owns navigable non-tidal waters in California |
state of California |
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Ownership in severalty |
when property is owned by one person or a single corporation whose rights to the property are not shared with any other person |
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An interest held under the same title by two or more people |
undivided interest |
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When two or more persons or entities own property at the same time with undivided use |
fractional ownership interests |
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concurrent ownership |
the ownership of real property by more than one person |
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Meaning of "stand in the shoes" |
the heirs of a deceased cotenant inherit only that share |
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Four unities of joint tenancy |
time, title, interest, and possession |
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Who can community properties exist with |
spouses |
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General partnership |
when two or more individuals or businesses join to operate a business |
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Someone who contributes funds into a partnership, but has no additional liability beyond the contribution |
limited partnership |
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"Propeety acquired by a partnership is property of the partnership and not of the partners individually |
Uniform Partnership Act (UPA) |
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Common interest development (CID) |
project that combines the individual ownership of private dwellings with an interest in common with other owners |
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Evidence outside of the deed itself |
extrinsic evidence |
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Words that demonstrate intent on the part of the grantor to transfer a present interest from the grantor to the grantee |
granting clause |
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Habendum clause |
clause in a deed that defines the type of interest and rights to be enjoyed |
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When the grantor gives up all interest they may have in a property |
quitclaim deed |
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The forced sale of real property by a taxing authority |
tax sale |
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A court proceeding to establish an individual's right to ownership of real property against one or more adverse claimants |
quite title action |
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The process by which the government acquires private property for public use |
condemnation |
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Instructions from a deceased person explaining how that person wanted their estate to be disposed |
testanentary instrument |
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Testamentary instrument that supplements or affects the validity of an earlier will |
codicils |
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Two types of wills |
inter vivos and testamentary |
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When property reverts to the state because the deceased owner left no will |
escheat |
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The ability to obtain title by occupying land for a statutory time period without the permission of the owner |
adverse possession |
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A process by which there is an addition to property by the efforts of man or natural forces |
accession |
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A person who in good faith pays valuable consideration for propeety without notice of prior claims |
bona fide purchaser |
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Trusts established while the settlor is still alive |
inter vivos trusts |
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Trusts established by will |
testamentary trusts |
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California's codified law that regulates professionals |
Business and Professions Code (B&P Code) |
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Where do fees charges from the licesning of persons and the regulation of transactions go |
Real Estate Fund |
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How much may the Comissioner credit for the Education and Research Account |
8% |
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Order to Desist and Refrain |
a court ordered demand that prohibits a businres or individual from carrying on a particular activity |
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Moral turpitude |
conduct consideted contary to community standards of justice, honesty, or good morals |
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Account for the payment of non-collectable court judgements against licensees who committed fraud or misrepresentation |
Consumer Recovery Account |
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Making exaggerated statements of opinion regarding a property |
puffing |
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indemnification |
A contractual obligation to compensate the loss incurred |
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Business agreements between competitors |
horizontal arrangement |
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The collaboration or agreement of one or more persons to set a fixed price |
price fixing |
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Illegal action of requiring buyers to purchase one product to obtain another |
tying |
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Safeguards the privacy of an individyal's information by mandating a disclosure prior to passing information to third parties |
FTC Privacy Rule |
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Fair Credit Reporting Act |
establishes procedures for correcting mistakes on a person's credit record and requires a consumer's record only be privided for business needs |
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A contract that remains to be performed by one or both parties |
executory contract |
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What is the mailbox rule |
the acceptance or rejection of an offer is complete once it is deposited in the mail |
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Contracts opposing general public policy |
contracts of adhesion |
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A contract that cannot be forced by law |
void contract |
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Influencing someone to perform an act without attention to the consequences |
undue influence |
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Four corners doctrine |
the whole document conveys the purpose of a contractual document |
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A term in a contract declaring this is the completr and final agreement between the parties |
merger clause |
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A contract that exists by order of a court, not by agreement of the parties |
quasi-contract |
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A rule that prevents the introduction of most evidence regarding negotiations between parties prior to the execution of a written contract |
parol-evudence rule |
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What is the time limit to file an action on any written contract |
4 years |
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Real estate contracts may be electronically wtitten and signed |
California Uniform Electronic Transactions Act |
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When a contract states thay no commissions are paid unless the property actually sells |
no deal, no commission clause |
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When one party has made an offer that the other party is interested in but is unsure where to accept or not |
option contract |
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Items that would affect the value or desirability of the property |
material facts |
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innundation map |
map of areas that may flood as the result of a dam failure |
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Any residential housinh built before 1978, excluding housing built for the elderly or disabled |
target housing |
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What does CID stand for |
common interest development |
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Property where multiple owners share a common set of financial obligations |
common interest development |
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Leases can b e verbal if they last less than how long? |
1 year |
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Implied warranty of habitability |
requires landlords make sure their units comply with health and safety codes |
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An arrangement in which a lesee rents his or her leasehold interest to another party |
sublease (sandwhich lease) |
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The transfer of the entire leasehold estate to a new person |
assignment |
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How much notice must a landlord give if the tenant has lived there for more than a year |
60 days |
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Type of property where a corporation holds the title |
cooperative |
