Real Estate Law in California,9780324142945

Real Estate Law in California

by
Edition: 10th
ISBN13: 9780324142945
ISBN10: 0324142943
Format: Hardcover
Pub. Date: 1999-07-01
Publisher(s): Cengage Learning
List Price: $128.95

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Summary

Bowman and Milligan provide a well-organized discussion of laws applicable to real-property ownership in California. An emphasis is planed on the practical aspects and theoretical concepts of the law. The rationale behind real estate law is explained by discussing the law?s past and present states, while anticipating future changes.

Table of Contents

Abbreviations x
Preface xi
Sources of Law and Land Titles
1(32)
Introduction
2(1)
Real property law and its origins
2(1)
Principal sources of the law
3(7)
The court structure
10(3)
Nature of property
13(1)
Classes of property
14(5)
Importance of the distinctions between real and personal property
19(2)
Fixtures
21(3)
Estates in real property
24(5)
Questions
29(4)
Contracts in General
33(28)
Introduction
34(1)
Nature of a contract
34(2)
Essential elements of a contract
36(4)
Statute of Frauds
40(2)
Interpretation of contracts
42(1)
Freedom of consent
43(1)
Performance
44(2)
Modification or alteration
46(2)
Discharge
48(2)
Breach of contract
50(1)
Remedies for breach
50(2)
Nature of damages
52(3)
Questions
55(6)
Real Estate Contracts and Their Use
61(39)
Introduction
62(1)
Listing agreements
62(7)
Revocation of authority
69(1)
Right to compensation
70(12)
Probate sales
82(2)
Real estate purchase contract and receipt for deposit
84(9)
Option as a contract right in land
93(1)
Questions
94(6)
Law of Agency and Regulation of Real Estate Agents
100(31)
Introduction
101(1)
The agency relationship
101(3)
Real estate broker as special agent
104(2)
Relationship between broker and salesperson
106(6)
Termination of agency
112(1)
Administrative regulations
112(10)
Professional status of the broker
122(3)
Questions
125(6)
Duties and Liabilities of Licensees
131(43)
Introduction
132(1)
Duties and liabilities to principal
133(15)
Duties and liabilities to third parties
148(14)
Unlawful practice of law
162(2)
Disciplinary proceedings
164(1)
Realtor's code of ethics and arbitration of disputes
165(2)
Questions
167(7)
Acquisition and Alienation of Title
174(23)
Introduction
175(1)
Adverse possession
175(3)
Condemnation (eminent domain)
178(2)
Dedication
180(2)
Accession
182(2)
Wills and succession
184(3)
Transfers in trust
187(4)
Escheat
191(1)
Involuntary alienation
191(1)
Title by estoppel
192(1)
Abandonment
192(1)
Forfeiture
193(1)
Questions
193(4)
Transfers by Deed, and the Use of Escrow
197(29)
Introduction
198(1)
Deeds
198(12)
Acknowledgments
210(3)
Transfers by attorneys-in-fact
213(2)
Escrows
215(8)
Questions
223(3)
Ownership Forms and Implications
226(30)
Introduction
227(1)
Joint tenancy ownership
228(8)
Tenancy in common
236(1)
Community property
237(5)
Partnerships
242(3)
Joint ventures
245(1)
Corporations
246(3)
Unincorporated associations
249(1)
Multiple housing developments
249(3)
Questions
252(4)
Creation and Enforcement of Security Devices, Part One
256(33)
Introduction
257(3)
Trust deeds compared with other instruments
260(2)
Nature and characteristics of a trust deed
262(10)
Special provisions in trust deeds
272(5)
Discharge of obligation and related problems
277(4)
Additional aspects of trust deeds
281(4)
Questions
285(4)
Creation and Enforcement of Security Devices, Part Two
289(21)
Introduction
290(1)
Nonjudicial foreclosure under power of sale (trustee's sale)
290(5)
Judicial foreclosure of trust deed
295(2)
Deficiency judgments
297(1)
Purchase money trust deed
297(2)
Land contracts
299(7)
Questions
306(4)
Involuntary Liens, Recording, Priorities, Homesteads, and Title Insurance
310(31)
Introduction
311(1)
Involuntary liens
311(1)
Judgment liens
312(1)
Execution liens
313(1)
Attachment liens
314(2)
Mechanic's lien
316(5)
Recording
321(3)
Priorities
324(2)
Homesteads
326(4)
Title insurance
330(7)
Questions
337(4)
Limitations on use, Including tax Burden
341(32)
Introduction
342(1)
Creation and validity of restrictions
342(5)
General plan restrictions
347(2)
Interpretation of particular restrictions
349(2)
Termination of restrictions
351(3)
Nature and purpose of zoning
354(2)
Operation of zoning laws
356(3)
Exceptions to zoning
359(1)
Title insurance covering zoning
360(1)
Other government regulations affecting use
360(2)
Taxation of real property
362(6)
Questions
368(5)
Land use, Descriptions, Subdivisions, and Investment Regulations
373(23)
Introduction
374(1)
Land use
374(4)
Descriptions
378(6)
Regulation of subdivisions
384(1)
Subdivision Map Act
384(3)
Sale of subdivided lands
387(2)
Investment regulations
389(3)
Questions
392(4)
Adjoining Owner Problems
396(26)
Introduction
397(1)
Definition and nature of easements
397(1)
Classes of easements
398(1)
Purposes for which easements may be created
399(2)
How easements are created
401(5)
Extent of use
406(2)
Transfer of easements
408(1)
Termination or extinguishment of easements
409(1)
Encroachments
410(1)
Nuisances
411(1)
Fences
412(1)
Trees and other vegetation
413(1)
Boundaries
414(1)
Water
415(1)
Lateral and subjacent support
415(2)
Liability to persons on or near the land
417(1)
Questions
418(4)
Leases and the landlord-Tenant Relationship
422(31)
Introduction
423(5)
Types of tenancies
428(2)
Nature and duration of a lease
430(1)
Requisities of a valid lease
431(2)
Interpretation of particular lease provisions
433(4)
Transfer of lessor's or lessee's interest
437(3)
Liability of lessor and lessee for condition of premises
440(1)
Termination of the lease
441(4)
Property management
445(1)
Mobile home tenancy
446(1)
Oil and gas leases
447(2)
Questions
449(4)
Glossary of words and Phrases 453(18)
Answers to Textbook Questions 471(3)
Index 474

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