CP CP Real Property Law 2 — Questions and Answers
Question 1: California's unlawful detainer (eviction) process requires a landlord to first serve which notice for non-payment of rent?
- 60-day notice to vacate
- 30-day notice to quit
- 3-day notice to pay rent or quit (Correct answer)
- Immediate writ of possession
Correct 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.
Question 2: Proposition 13, passed by California voters in 1978, primarily affects real property by:
- Capping annual property tax increases at 2% until the property is sold (Correct answer)
- Eliminating property taxes for seniors over 65
- Requiring annual reassessment to market value
- Allowing renters to deduct rent from state income taxes
Correct 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.
Question 3: An easement appurtenant in California real property law:
- Benefits a specific person rather than a parcel of land
- Benefits a dominant tenement and burdens a servient tenement, running with the land (Correct answer)
- Expires after 10 years by statute
- Can only be created by express grant, not by implication
Correct 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.
Question 4: Under California law, a seller of residential property must provide the buyer with which mandatory disclosure form?
- Transfer Disclosure Statement (TDS) (Correct answer)
- Natural Hazard Disclosure (NHD) only
- Preliminary Title Report only
- CLUE insurance report
Correct answer: Transfer Disclosure Statement (TDS)
California Civil Code § 1102 requires residential property sellers to complete a Transfer Disclosure Statement (TDS) disclosing known material defects.
Question 5: A lis pendens (Notice of Pendency of Action) in California real property law is used to:
- Record a mortgage on property
- Provide constructive notice to potential buyers that litigation affecting title is pending (Correct answer)
- Transfer title at close of escrow
- Establish a mechanic's lien
Correct 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.
Question 6: In California, adverse possession requires continuous, open, notorious, hostile, and exclusive use of another's land for how long?
- 3 years
- 5 years (Correct answer)
- 10 years
- 20 years
Correct 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.
CP CP Real Property Law 2
California's unlawful detainer (eviction) process requires a landlord to first serve which notice for non-payment of rent?