CP Real Property Law Flashcards

California's unlawful detainer (eviction) process requires a landlord to first serve which notice for non-payment of rent?

Answer: 3-day notice to pay rent or quit

Before filing an unlawful detainer for non-payment of rent, a California landlord must serve a 3-day notice to pay rent or quit under Code of Civil Procedure § 1161.

Proposition 13, passed by California voters in 1978, primarily affects real property by:

Answer: Capping annual property tax increases at 2% until the property is sold

Proposition 13 limits annual property tax increases to 2% until the property is sold or transferred, at which point it is reassessed to current market value.

An easement appurtenant in California real property law:

Answer: Benefits a dominant tenement and burdens a servient tenement, running with the land

An easement appurtenant attaches to and benefits a dominant parcel while burdening a servient parcel; it runs with the land and transfers automatically with the property.

Under California law, a seller of residential property must provide the buyer with which mandatory disclosure form?

Answer: Transfer Disclosure Statement (TDS)

California Civil Code § 1102 requires residential property sellers to complete a Transfer Disclosure Statement (TDS) disclosing known material defects.

A lis pendens (Notice of Pendency of Action) in California real property law is used to:

Answer: Provide constructive notice to potential buyers that litigation affecting title is pending

A lis pendens is recorded to give constructive notice that a lawsuit affecting title or possession of real property is pending, clouding title and deterring third-party purchasers.

In California, adverse possession requires continuous, open, notorious, hostile, and exclusive use of another's land for how long?

Answer: 5 years

California Code of Civil Procedure § 325 requires five years of continuous, open, notorious, hostile, exclusive possession (plus payment of property taxes) to establish adverse possession.