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:
More Property Ownership Land Use Controls Questions
The highest form of property ownership in the United States is:
Which of these is a direct building cost?
Fee simple is all of the following EXCEPT
A man dies testate, leaving a wife and minor son. He leaves all of his property to his son. His wife claims her elective share under the Uniform Probate Code. How will the man’s property be distributed?
The largest estate or ownership in real prop- erty is
- → In real estate, the term improvements most nearly means
- → To be valid, restrictions in a grant deed need to:
- → The placement of a house upon the lot is referred to as its:
- → Which exemplifies government's realty-related police power?
- → 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?
- → A property owner has been doing car repairs on their driveway in violation of the conditions, covenants and restrictions (CC&Rs) of their subdivision. The homeowners’ association (HOA) files a lawsuit and receives a court order requiring the owner to stop. The court order is called a(n):
- → An appropriation of land for some public use made by the owner and accepted for such use by or on behalf of the public, such as streets in a platted subdivision, is called
- → An example of a right, privilege, or improve- ment that belongs to and passes with a property is described as
- → Which type of easement is created by continuous and apparent use of another's property without permission?
- → The primary private land-use control is:
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
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?