101PD SAMPLEChapter 1 — Property Ownership and Land Use Controls (High-Yield Outline) Cram companion: 15% of the exam (~30 Q). Every § below is a citation anchor for the question pool. Practice material — not official exams; not affiliated with the DRE. §1.1 Real vs. personal property; fixtures Real = land + affixed + appurtenant + immovable by law; personal (chattel) = everything else; crops: fructus naturales real, industriales (emblements) personal to the cultivator. Fixture test MARIA — Method, Adaptability, Relationship (buyer over seller, tenant over landlord), Intention (objective, controls), Agreement (contract overrides all). Trade fixtures: tenant's business installs, removable by term end with repair. Manufactured home on permanent foundation + recorded HCD form 433A = real property. Severance turns real to personal (harvested crop); annexation the reverse. §1.2 Freehold estates Fee simple absolute = maximum interest. Fee simple defeasible: determinable ("so long as" — automatic possibility of reverter) vs. condition subsequent ("but if" — power of termination, election needed). Life estate: measured by a life (pur autre vie = another's); life tenant owes no WASTE, pays taxes/interest; reversion returns to grantor, remainder to third party (vested vs. contingent). Estate ≠ possession date: estates in possession vs. future interests. §1.3 Co-ownership and vesting Joint tenancy: four unities (Time, Title, Interest, Possession), equal shares, RIGHT OF SURVIVORSHIP, no probate, no will control; severed by conveyance (§683.2 unilateral deed must RECORD before death). Tenancy in common: unity of possession only, unequal shares fine, inheritable. Community property: acquired during marriage; equal management; BOTH spouses sign realty instruments (Fam. Code §1102); wills pass half. CP with right of survivorship (§682.1): survivorship + full double step-up. Separate property: pre-marriage, gift, bequest + their rents. Partnership/LLC/corporate title; tenancy in partnership. Partition action ends co-ownership. Probate-avoidance vesting: trust, CPWROS, TOD deed (ch5). §1.4 Encumbrances — easements, liens, restrictions, homestead Easement appurtenant (dominant/servient, runs with land) vs. in gross (no dominant tenement). Creation: express grant/reservation, implication, NECESSITY (landlocked; ends with necessity), PRESCRIPTION (open, notorious, hostile, continuous 5 years — no taxes, no exclusivity). Termination: merger, express release, abandonment (intent + conduct), prescription against use. License = revocable personal permission, no interest. Encroachment: 3-yr limitations. CC&Rs/equitable servitudes: enforced by injunction; created in declarations. Liens: specific (TD, mechanic's, taxes, attachment on parcel) vs. general (judgment 10 yrs renewable, IRS); priority by recording except taxes first, mechanic's relate-back. Homestead: automatic $300k–$600k (county median-indexed); declared adds 6-month proceeds protection; never beats consensual/PM liens, mechanic's, taxes. §1.5 Land use — police power, subdivisions, takings Police power (no compensation): general plan, zoning (R/C/M/A), setbacks, height, density; nonconforming use grandfathered (no enlargement; amortization). Variance = hardship relief (no self-created hardship); conditional use permit = compatible exception; rezoning = legislative; spot zoning attacked. Building codes + certificate of occupancy. Eminent domain (compensation): public use, just compensation = FMV; inverse condemnation when regulation or damage takes without filing. ADU/JADU: ministerial 60-day approval, JADU ≤500 sq ft; SB 9 duplex/lot-split ministerial for urban single-family. Subdivision Map Act: final map 5+ lots, parcel map 2–4, local control, no sales pre-recordation.