A California deed reads: 'I grant to John Smith the property at 123 Main St, Sacramento, CA.' No additional language specifies the type of estate being conveyed. What estate does John receive?
Correct Answer
A) Fee simple absolute
California Civil Code §765 provides that every grant of real property is presumed to convey a fee simple estate unless the deed expressly limits the grant to a lesser interest. Because the deed contains no limiting language, John receives fee simple absolute. California abolished the common law requirement of words of inheritance such as 'and his heirs,' so a simple grant is sufficient.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Land Use Controls Question
Background Knowledge for Property Ownership Land Use Controls
Real World Application in Property Ownership Land Use Controls
Common Mistakes to Avoid on Property Ownership Land Use Controls Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
More Property Ownership Land Use Controls Questions
Which of the following words is NOT associated with the others in the group?
An owner sold a parcel of real estate to a buyer with the stipulation that the buyer was not allowed to sell alcohol from the premises. The buyer sold the property 10 years later to a buyer who converted the building into a convenience store that sold beer. Should the owner or owner’s heirs claim a right of re-entry, what would be the basis for the lawsuit?
The highest form of property ownership in the United States is:
In California, which form of co-ownership is available ONLY to married couples or registered domestic partners?
A developer in California proposes building in an area designated as a 'special flood hazard area' on the FEMA flood map. Under California law, what additional requirement applies to development in this area?
- → A California city enacts a zoning ordinance that eliminates all economically beneficial use of a private property. The owner files a takings claim. Which of the following correctly states the city's legal obligation?
- → Fee simple is all of the following EXCEPT
- → Under California law, which of the following correctly describes how a county may ultimately collect chronically unpaid property taxes on a privately owned parcel?
- → A residence that has 6” x 6” posts set four feet apart instead of 2” x 4” studs is an example of construction.
- → In a building, ceiling tiles that drop into a metal frame are considered
- → A deed restriction prohibits a subdivision from using a residential property as a business. A buyer interested in purchasing a property in the subdivision tells their broker they intend to use one room of their house as a dog grooming service. Can the buyer do so?
- → In California, a rancher with appropriative water rights began diverting water from a river in 1990. A newer appropriator began diverting from the same river in 2010. During a drought, the river cannot supply both users. Under California's appropriative rights system, who has priority?
- → Tom and Sarah are married and live in California. Before their marriage, Tom purchased a rental property using only his separate funds. During the marriage, Sarah managed the property and made improvements using community funds. In a divorce proceeding, how would a California court MOST likely classify this property?
- → Under California law, a married couple holds their home as joint tenants. Without the other spouse's knowledge, one spouse conveys their interest to themselves as a tenant in common using a grant deed. Under the ruling in Riddle v. Harmon, what is the effect?
- → A title search on a California property reveals that the parcel traces back to a confirmed Mexican land grant. The current owner claims the original grantee's mineral rights were never separately conveyed and therefore still run with the title. Which statement most accurately describes the legal status of those mineral rights under California law?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Property Landing Page — 2026 U.S. Agent Guide: Setup, Use Cases & Pro Tips
Learn how Property Landing Page works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Previous Question
Under California Civil Code §761, a life tenant's interest is classified as a freehold estate. Richard grants a life estate to his mother Betty in a California home, with the remainder to his daughter Kim. Betty, as life tenant, removes a load-bearing wall and demolishes the attached garage without consent. Under California law, the remainderman Kim's remedy for this waste is:
Next Question
Under California's community property laws, which of the following is MOST likely to be classified as community property rather than separate property?