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handles the distribution of an estate
patent
Sanitation
enforced by local health officers
Environmental Quality Act
allows the conversion of existing rental units to condominiums
Negative = good
Housing and construction; regulated
Contractor State License Law
State Housing Law
set minimum construction standards
Follows Uniform Building Codes
Health and Safety Codes
Local Building Codes
Highest construction standards
Department of Building and Safety
know as building inspector
Single family dwelling construction stages:
land acquisition, development and construction.
Subdivided Lands Law
Subdivision
requires comprehensive market analysis
Land Project Subdivisions
Not required
sales promotion cost are nominal with little direct mail ads
if lots are sold to builder or developer
In Fill
Targeted for new construction
50 or more unimproved lots
Buyers have 15 days to rescind contract
Final Public Report
Subdivider gives Public Report and a receipt to buyer before entering a binding contract
receipt must be filed by sub-divider for 3 years
buyers must be given a copy
may be obtained by anyone
sub-divider submits
Stop violations with a 'Desist and Refrain Order' from the commissioner
If a blanket encumbrance is used
Commissioner may require impound account
Contract, maps, and finance papers
Financial arrangements to assure completion of community recreational facilities
regulates 5 or more lots
Designed to prevent fraud
Regulated by the Real Estate Commissioner
Subdivision Map Act
regulates subdivisions of 4 or less parcels
grants cities control over subdivision
By way of a Master Plan
Adverse Possession
living on the land is not required
5 years open notorious continuous possession, color of title; pay taxes for five years; quiet title
Probate Sale
creditors have four months to file claims
Commission determined by Superior
execution sale - sold under a 'writ of execution'
Inverse Condemnation
Force the government to purchase damaged property due governmental works
Atonement
tenant agrees to recognize new owner
Accord and Satisfaction
when amount of debt is in dispute
Surrender
mutual agreement
Constructive eviction
by landlord
Assignment
Sublease
transfer possession but not ownership
LAND
percentage lease
commercial parking would pay the highest percentage lease
based on gross receipts
Net Lease
fixed income
Gross lease
lessee pays fixed amount
tenant stays in possession after expiration of lease
indefinite period
must have termination date
Original grantor holds an estate in reversion
Cannot will the estate if tenancy is based on the life tenant's life
Life Tenant may sell, lease or encumber
when life tenant dies
estate revert to original owner
Life Estate
Subtopic
estate of inheritance, perpetual estate estate in fee, fee estate =
Fee Simple De-feasible
Condition subsequent =
e.g. If one dances title reverts original owner
Fee simple absolute
maximum rights possible
restrictions
public
Condemnation
Zoning
private
CC&R
violations stopped by injunction
Declaration of restrictions
general plan created by developer
conditions
violation may result if loss of title
covenant
created by grantor or developer
by deed or written agreement
encroachments
Owner is allowed 3 years to sue for trespassing
easements
Termination
Non use
5 years terminates non use ends by prescription
Merger
Express Release
Creation
prescription
5 years open notorious use
reservation
grantor maintains an easement
Express Grant
Easement in Gross
Appurtenant Easement
benefits the Dominant Tenement
General
Government liens have priority
Income tax lien
Judgement
Voluntary Lien
Involuntary Lien
Judgement liens
writ of execution to satisfy judgement
sheriff's sale
valid for ten years
Attachment lien
holds property pending court case outcome
Specific
Trust Deed
Mechanic's lien
Demolition Date
may act as start date
Construction loan
could lose its priority
If file after construction project has started
last payment is released after period to file mechanic's lien is expired
Notice of completion
If not filed; claimant has 90 after completion of work
Notice of Non-responsibility; by owner
recorded within 10 days of becoming aware
e.g. tenant contract to have work done
Priority of payment; earlier then recording date
Starts the day work began or when materials were delivered
must be verified and recorded
bushes, grass and trees
crops planted by the owner of a farm
e.g. stock in a mutual water company is real property
things used with the land for its benefit
relict-ion
increase of land
permanent withdrawal of sea or river
Accession
land being added to other property
Accretion
slow growing of land bordering river
Appropriation
government gives permission to a non-riparian owner to take water from neighbor's land
Littoral
Non-moving water
riparian
rights cannot be determined from public records
if navigable
edge of the water
moving water at a boundary
to midpoint
right can be severed voluntary transfer, condemnation or prescription
appropriate use under or adjacent
