A court proceeding that divides a concurrently owned estate into separately owned portions is called:
Correct Answer
C) Partition
Partition, governed in California by Code of Civil Procedure section 872.010 and the sections that follow, is the action a co-owner brings to end concurrent ownership. The court may divide the land in kind into separately owned parcels or, more often, order it sold and the proceeds apportioned. It is the one mechanism that works over an unwilling co-owner's objection, and it is available to joint tenants and tenants in common alike.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
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?
Which of these activities can the owner of a life estate NOT do?
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 plot plan is drawn by an architect to show:
- → Diana lives in her California home, which has a fair market value of $900,000 and a mortgage balance of $500,000. Assume the homestead exemption that applies to her is $300,000. A judgment creditor obtains a court order for a forced sale. What is the MOST likely outcome?
- → 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?
- → Ceiling tiles that drop into a metal frame attached to a building are considered
- → A California homeowner contracts with a general contractor for a $500,000 home renovation. The homeowner properly records a notice of completion on July 1. A subcontractor who served a valid preliminary 20-day notice records a mechanics' lien on September 5. Under California law, is the mechanics' lien valid?
- → Under the Davis-Stirling Act, a California HOA wants to increase regular monthly assessments by 25% for the upcoming year. What approval is required?
- → A California landowner divides a 10-acre parcel into six lots and sells two of them without first recording the map the Subdivision Map Act requires. Under the Map Act, what are the consequences of those sales?
- → Under California's Permit Streamlining Act, a local agency must approve or deny a development project application within specified timeframes. If the agency fails to act within the deadline for a project that requires an EIR, what happens?
- → 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?
- → 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?
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