Wednesday 19 May 2010

if there are ammendments

tickler file
http://en.wikipedia.org/wiki/Tickler_file

interpleader

toe clause
time is of the essence
conditional public report allows developer to sell the lots
escrow can't close until the . . .

map act aplies to two or more
parcels

subagency of HUD
seven day right of recission
NEPA quality
enviro

fed agency
approval
submit documentation

EIS---enviro impact stmt

parcel of land
huntington beach
bolsa chica

fly in the ointment
marsh burg lives there
enviro
half a century bc of endangered species

coastal zone act

latent v. patent defects

escrow--real estate 11

northern title insuranc eco

vs.
escrow
ZONING

aesthetic---used to be unlawful
comprehensive
spot zoning
cumulative
exclusionary
spot zoning---for gas station in a residential zone---antitrust, nepotism, equal protection

down zoning
up zoning
r4 to r1
multiple to single family----more restrictive use

variance granted

zoning
prospective in nature---
not retroactive

declaratory relief

permanent injunction
shopping center
jewelry store

shelley v. kramer  p. 417

fee tail ilegal in CA
feudal england yes
contra rule v. perpetuities
equitable relief

waive rts under CC&rs

LACHES
ESTOPPEL
promissory estoppel

doctrines operating here

Tuesday 18 May 2010

designed to protect against fraud---subdivided lands act on a a state level.
http://ceres.ca.gov/planning/pzd/sub_ch4.html

http://www.lulu.com/product/ebook/real-estate-law-and-subdivided-lands-law/4036187


http://www.co.kern.ca.us/planning/form203.asp


http://en.wikipedia.org/wiki/Subdivision_(land)

prelim report

prospective buyers

map act local

DRE lands law state leve;
main purpose of each
http://en.wikipedia.org/wiki/Cooperative

common interest development

huD
http://portal.hud.gov/portal/page/portal/HUD

stock cooperatives
http://www.butterflylister.com/Real-Estate-Definitions/Stock-cooperative.htm

http://en.wikipedia.org/wiki/CC&Rs
http://en.wikipedia.org/wiki/Planned_Unit_Development

condo sep tax bill
http://portal.hud.gov/portal/page/portal/HUD/topics/buying_a_home

http://www.lasvegashomesearch4u.com/Nav.aspx/Page=/PageManager/default.aspx%3fPageID%3d1916628

estate

condoos owned fee simple absolute

newport four hundred
http://en.wikipedia.org/wiki/CC&Rs
http://www.butterflylister.com/Real-Estate-Definitions/Stock-cooperative.htm

time share
one week fee simple absolute interest in the one week sharer
http://en.wikipedia.org/wiki/Timeshare

public resources code for the coastal zone
1000 yards of the pacific coast

lead based paint disclosure.
http://www.epa.gov/lead/
real estate tuesday

moving on to chapter 12

CAR form homework


turn in due with the final

police powers clause
health safety

subdivision map act
the subdivided lands law

person creating the subdivision complies with zoning
developers get artist sketch

Wednesday 12 May 2010

mechanic's liens priority via
commencement of work

any actual work
even including leaving a palllet of blocks

florida has no homestead exemption
based on equity

check deed of trust
probate

june 2 7pm-9pm property law exam

1-15 chapters

done with encroachment
nuisance

public or private
private nuisance is when it affects
public nuisance is also criminal law

private or public
noxious odor

court engages in a balancing or weighing
factual discrimination
noise volume
nightclub reasonableness
harm
balance
use and enjoyment v. activity being pursued re: children screaming

water rights
"""for those of you in los angeles this is not going to be an issue"""
classic duffy dry wit

water resources control board expertise beyond ct
but ct has jurisdiction

riparian rt adjacent to a waterway
entitled to a reasonable amount of the water
riparian use doctrine

littoral rts---means on a lake not a river
accretion
slow gradual build up
soil deposit alluvian soil

not to be confused w/ avulsion
alluvian deposited by accretion

deed says its yrs thru accretion

avulsion is rapid sudden change

reliction
instead of a slow gradual build up
the water level goes down

hour one property law wed 5-12-10

ch. 10 real estate wednesday evening
exam comprehensive as is RE exam ch1-15?
july 1 fiscal year begins

ends june 30
in california

taxes become a lien on jan 1st
priority in terms of recording


federal fiscal
october 1

automobiles and cars not lien-able

RVs yes

no darn fooling around
nov-dec-feb-april
mnemonic

regulatory license
for contractor
re:mechanic's lien
court will not help you without this

notice of non-responsability
owner not responsible

tenant oftentimes
wants repairs undertakes repairs

prevents the mechanic's lien being levied against the owner

net lease
triple net lease
notice of non responsability

gross lease
casualty lease
landlord

Tuesday 11 May 2010

final is comprehensive
chapter 1-15
investor doesn't really care
what is the income
times it is not as valid

present worth of future benefits converting into value
gross income compute
combination of one bedroom

convenient apartments

owners do not take to market rents

return on the investment
cert of deposit
3%
return on investment
return of investment
the recapture rate
20 %
cap rate
severa; places
real estate 5-11-10 after the dentist
woozy

panoramic view
improvements

deficiencies or adverse conditions
dry rot indicate here
conform to neighborhood
conformity
at play as a principle
type of properties for neighborhood

how determine the cost of land
cost approach
market comparison approach

property assessment
market comparison approach
one of 3 appraisal approach . Value is estimated by analyzing sales prices of similar properties ( comparables recently sold.
Example: The subject property is a 3-bedroom, 2-bath house. Two recently sold comparables are found. The appraiser, using the market comparison approach, sets up Table 30.
TABLE 30
MARKET COMPARISON APPROACH
Subject Comparable # 1 Comparable #2
Sale price $170,500 $167,000
Date of sale last week 3 months ago (+$1,000)
3 bedrooms 3 bedrooms 3 bedrooms
2 baths 2½ baths (--$2,500) 2 baths
Adjusted price $168,000 $168,000
The subject property is appraised for $168,000.

unit in place method

more corners the more expensive

quantity survey method
insurance
quantity

depreciate
wind sun
wear out
people walking on the floor
decrease in value depreciation
appreciation simultaneous

expected life
50-100 years

professional appraiser
straight line
straight line appreciation
depreciation

trade in value
fiscal depreciation
functional
curable
or incurable
obsolescent

inverse condemnation
http://en.wikipedia.org/wiki/Inverse_condemnation

Wednesday 5 May 2010

fed
civil rights act of 1968

holden law
http://www.bdnationwidemortgage.com/holden_act.html

redundant to the civ rts act
rt to rescind loan

recission
jackson case
three yrs later
never got three day notice of rt of recisssion
9th circuit

three yrs
fictitious deed of trust
http://en.wikipedia.org/wiki/Trust_deed_(real_estate)

i wonder how duffy would feel about studying law via wiki?

acceleration clause
due on sale clause


record fictitious deed of trust

collateral
promissory note
companion document
deed of trust

trust deed is the security instrument that pledges the collateral
promise to repay the sum of money being borrowed

considered a security instrument.

not a promise to pay
it is an unconditional promise
as such signed by the maker or the borrower
it is a two party instrument

holder in due course

forgery
material alteration.

promissory note in full
due on sale
credit worthiness
transfer of loan
right to recall loan

encumbrance clause

Wednesday 28 April 2010

intestate succession
will ambulatory until death
can be changed
after death it is irrevocable

ca stature prohibits executrix---feminized version
executor works for all
non-cupative

http://en.wikipedia.org/wiki/Per_stirpes

http://en.wikipedia.org/wiki/Escheat
quit claim deed

elements of fraud

express easement

consideration
convey
http://en.wikipedia.org/wiki/Adverse_possession
love as consideration for a deed
transfer
not adequate but legally sufficient

john doe never married
no community property