Glossary of Associate Land Agent Exam
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- Appraisal Map
- 1. The proposed project center line w/ its stationing and bearings.
2. The proposed new ROW lines w/ their bearings and distances.
3. The existing ROW lines, where such lines exist.
4. Any proposed property access roads
5. The existing roads or streets and their names
6. The subdivision names and also the lots and blocks thereof
7. The section lines and section corners and quarter corners in rural area, if possible
8. The property lines intersecting the proposed ROW w/ their bearings and distances
9. The property owner\'s names
10. Location of fee and easement to be acquired
11. The approximate area of all remainders
12. The appropriate ownership and parcel #s as set forth in ROW Manual Sections 4005 & 4005.1
- DWR Mission and Goals
- Mission: To manage the water resources of Ca in cooperation w/ other agencies, to benefit the State\'s people, and to protect, restore, and enhance the Natural and Human environments
1. Develop and assess strategies for managing the State\'s water resource, including the dvlpmnt of the Ca Water Plan Update
2. Plan, design, construct, operate, and maintain SWP to achieve maximum flexibility, safety, and reliability.
3. Protect and Improve the water resources and dependant ecosystems of statewide significance, including the SSJ Delta
4. Protect lives and infrastructure as the relate to dams, floods, droughts, watersheds impacted by fire and disasters, and assist in other emergencies
5. Provide policy direction and legislative guidance on water energy issues and educate the public on water issues
6. Support local planning and integrated regional water management thru technical and financial assistance
7. Perform efficiently all statutory/legal/fiduciary responsibility regarding mngmnt of state\'s long term power contracts and servicing of power bonds.
8. Provide professional, cost-effective, and timely services in support of DWR\'s programs
- DWR DOE Mission
- The mission of DOE is to safely provide timely, cost-effective, and quality engineering, geology, construction, real estate, geodetic, and administrative services too our clients in concert with DWR strategic goals and objectives.
- REB Mission
- The REB Mission is to acquire property rights, and effectively manage purchased lands for both the SWP & CVFCB. REB is committed to accomplishing this mission in a professional, timely, and cost-effective manner.
The Mission is achieved through the following Practices:
1. Assuring property owners receive Just Compensation, utmost courtesy & maximum consideration w/ the acquisition of their property
2. Trating all persons displaced by the public project in a fair, uniform, and equitable manner. REB provides Relocation Assistance Services
3. Preparing appraisals @ FMV using USPAP
4. Complying with Federal and State statutes for mngmt and acquisition of lands, including Encroachment Process.
5. Providing timely relocation and/or replacement of utility facilities that conflict with the public water projects
6. Managing Dept and CVFCB lands in a way that provides the greatest return to taxpayers.
- Senate Bill 2161/
Governtment Code Section 66455.1
- DWR may file with the legislative body of any local agency having jurisdiction, a map or amended maps of any territory w/in One Mile on Either SSide or Both Sides of any Facility of the State Water Resources Development System, if DWR believes a proposed subdivision may have an affect upon any existing or planned future facility of the State Water Resources Development System in that territory..
The local agency, within 5 days of receiving a comlete tentative map, shall transmit one copy to the nearest DWR office.
DWR, within 15 days os receiving the map, shall make recommendations to the local agency regarding the effect of the proposed subdivision
- Joint Use and Common Use
- Joint Use - The right to jointly use property rights; and, to the extent permitted under the instruments granting the real property, rights of way and easement to joint parties (two or more)
Agreement of Common Use - Acknowledgement between parties of their separate property rights over a common area, with a mutual agreement to use, repair, maintenance, notification of repair, prior rights, etc.
- WREM 59
- WREM 59 establishes a policy for pre-acquisition inspection of real property and improvements which the department or board is anticipating to purchase in fee or easement for ascertaining the existence of hazardous substances. It is also established a policy for inspection of lands the Dept/Board already owns.
The Goal is to minimize the Dept\'s liability for hazardous substance contamination and remediation.
- Encraochment Permit Application will include the following
- 1. Application
2. 6 sets of full size Construction Drawings - usually 10 pages, more or less
3. $500 deposit check
4. Environmental documentation
5. Cover letter
- After being assigned an EP the Agent will do the following
- 1. Agent researches and pulls deeds, analyze property rights, and pull property management map from cadastral
2. Make 6 copies of deeds and Property Managment Map, cofer letter, application, etc
3. Agent inputs required information into Real Estate database
4. Agent sends deposit check to accounting w/ hard copy form Memo w/ Parcel # - keeps hard copy for file and electronic copy on PM drive for diary purposes
5. Agent completes Round Robin memo and prints 6 copies - compiles 6 complete sets of application, deed, maps, plans, etc.
6. Agent sends 5 complete hard copy EP packages to reviewers
7. Agent waits for reviewers complete review
- During Round Robin, to whom does agent send 5 complete hard copy EP packages?
- 1. O&M HQ
2. O&M Field Division
3. Division of Environmental Services
4. DOE Construction Office
5. DOE Civil engineering
6. Water Contractor or other affected agency if applicable, CCWD, SBVWMD, etc.
- After Round Robin, then . . .
- 1. Reviewers complete review
2. Agent compiles comment and writes comment letter to applicant
3. [If Applicant needs to revise] EP Applicant submits 2nd set of plans - repeat Round Robin. This repeats until plans approved by reviewers and environmental clearance received from DES (usually 3-5 submittals)
4. Agent prepares EP for signature by applicant and cover letter
5. EP Applicant mails signed EP back w/ 8 sets of full sized drawings, final check, insurance and other required documentation (2-3 weeks).
6. Agent sends 8 sets of plans to O&M HQ w/ hard copy of standard form Memo same day, sends final check to accounting, and prepares EP MOS while awaiting approved plans from O&M HQ (1 to 3 weeks).
7. Agent completes hard copy of MOS package
- EP MOS has the following:
- 1. Approval Memorandum of Settlement from Branch Chief to Shief of DOW with signatures from Agent, Senior, Branch Chief, and DOE chief
2. Cover Letter
3. Memo from Branch Chief to DOE Chief regarding inspection
4. Construction Completion Notice
5. Environmental Clearance signed and approved by Chief of DES Environmental Compliance
6. Evidence of Insurance
7. Diary Notes
8. 8 sets of approved construction drawings to be distributed to be distributed with bcc: copies
- Before Applicant can begin constructing the encroachment, the EP applicant must
- EP Applicant must provide 7 days notice to Senior or Agent. Construction Start Notice Memo is completed by EP Section and sent by e-mail to all affected parties. hard copy is sent to DOE Construction and kept in file.
- After EP Applicant finishes construction . . .
- 1.EP Applicant submits 6 sets of \'AS-BUILT\' plans
2. As Per WREM 48a - Agnet submits official memo from Branch Chief to DOE Chief, Attention Construction Office Chief regarding receipt of \'AS-BUILT\' plans.
3. Hard copy of final plans go to DOE Construction, O&M, File Room, Geodetic, Field Division, EP wall.
4. Agnet puts working file on EP Wall for records purposes.
- How long does the entire process take?
- 1. 6 to 8 months
2. If EP only requires one or two submittals - 2 to 3 months
3. Some EPs require several plan reviews and revisions and may take 3-4 years.
- The process for a typical EP does not include the following work which could include:
- 1. Legal review of changes to standard EP language due to prior rights issues.
2. Approval Memorandums (MOS Packages) for land swap issues.
3. Geodetic work request - Cadastral review of proposed land exchanges, quitclaims, legal descriptions
4. Appraisal work requests - coordination w/ Appraisal Section for appraisal review of land values of any exchange
5. Meetings - Internal only or with EP Applicant to go over comments
6. Coordination w/ other State Agencies whcih may be affected via official Memo (TRA 155)
7. Responses to Legislative Inquiries about status of EPs
8. Site Visits
9. Plan review Notices - Where DWR does not have prior rights
10. Coordinating w/ Office of Chief Counsel and obtaining legal opinions and sending official responses to legal authority inquiries when necessary.
- What are the two basic classes of Property?
- Real Property - Real Estate/Intrest in Land
Personal Property - Readily Movable/Chattel
- What are Fixtures?
- 1. Items of Personal Property which become part of the Real Property
2. By reason of their annexation to or use in association w/ Real Property have become part of the realty
- Tests to determine if an item is a Fixture?
- 1. Permanently attached
2. Character of Item: the character of the item and its use insofar as the Real Property is concerned - Printing Press example.
3. Intention of the Parties - if one can determine the intent of the parties in connection w/ the item, or the intent of the individual installing the iteml such intention will normally govern whether the item is Fixture or Chattel
- Trade Fixtures
- 1. Personal property used to carry on a business or trade
2. Constitute an exception to the Fixture Rule
3. Trade fixtures normally remain personal property and may be removed by the tenent @ the end of their occupancy
- What is an Estate?
- In Real Property law it is used to express the degree, nature, quality or extent of a person\'s interest in real property.
2. Freehold Estates - Fee Simple
3. Leasehold Estates - the leasee\'s/tenant\'s interest in the leased fee.
- How are Freehold Estates legally described?
- 1. Fee Simple - highest and most complete ownership known in law
A. Fee Owner - Individual claiming this type of ownership
B. Fee Simple Absolute - refers to absolute ownership of unlimited duration, subject to no conditions, limitations, or encumbrances.
C. Defeasible Fees/Qualified Fees - Fee simple estates which are subject to conditions, limitations, or encumbrances - ARP
2. Fee Tail - A grant to a grantee \"and heirs of his/her body\" - not freely transferable, only inheritable by grantee\'s heirs.
3. Life Estate - the owner of a Life Estate is entitled to certain uses or enjoyments of the real property during their lifetime; at death allrights, title, and interest in the property pass to the \'Remainder Man\' (someone other than the Grantor) or the \'Reversioner\' (the Grantor).
- How are Leasehold Estates legally described?
- 1. Lease - A contract that provides for the tenant to occupy land or property of the lessor/landlord for a given period of time
Traditional Common law leasehold estates (LHE) are:
A. Estate for Years (Term Tenancy): A LHE for a definite term or duration - lease for a specific number of years, days, etc., they typically end on a specific date.
B. Periodic Tenancy (Tenancy from Term to Term): A LHE created by either express agreement, or more commonly by implication. No definite term has been agreed upon - Month to Month lease
C. Tenancy @ Will - A LHE involving a lease for an indefinite period, i.e., until a lessee returns from war.
D. Tenancy @ Sufferance - Not a true LHE in that it involves a tresspass by the tenant. Exists when a tenant remains in possession after the expiration of a lease.
- What are Easements and the two Classes?
- 1. A right acquired by a person or entity to use the land or property of another for a special or particular purpose, i.e., access, drainage, pipelines, levee, or polelines.
2. Easement Appurtenant and Easement in Gross
- Describe an Easement Appurtenant
- 1. An easement adjacent to or in close proximity to another parcel of land which is served by the easement
2. Two Estates - Dominant Estate/Tenenment and the Servient Estate/Tenement.
3. Usually passes with the title to the Dominant Tenement
4. Cannot be separated from the Dominant Tenement and an assignment or conveyance of the easement alone will normally terminate the easement.
- Describe an Easement in Gross
- 1. An easement granted to benefit a particular entity rather than a parcel of land.
2. Unless the conveyance document states otherwise, an Easement in Gross may be used only by the person to whom they are granted and are not transferrable or inheritable.
3. Most courts make an exception to this transferrability rule for utility easements and other commercial easements.
- How are Easements Created?
- 1. Express Grant - Creates an interest in land and should be set forth in a written document
2. Express Reservation - Deed Reservation
3. By Implication - When the right to use the easement was implied; needs to have been apparent and obvious, continuous and necessary to the use and enjoyment of the Dominant Tenement.
4. Prescriptive Easement - By adverse use for a continuous period according to the applicable state statute. the use of an easement must be;
A. Open and Visible
D. Under Claim of Right
5. Easement by Estoppel - Not a true easement; sometimes called a license coupled w/ an interest; ;where a person has relied on the oral permission of the Grantor to place valuable and permanent impovements on the land.
- How are Easements Terminated?
- Easements may be terminated by three basic means\"
- What is a Profit?
- A right to remove some substance from the land of another. Usually must be in writing since it can be considered an interest in land.
- Name rights in land other than an easement?
- 1. License - the consent given by a landowner to another to do an act which w/o such consent would amount to trespass
2. Covenants - are restrictions or provisions in conveyances such as deeds and leases which may restrict and/or benefit many parcels of lands specifically affected by the Covenant
3. Lateral and Subadjacent Support (Natural Easements); Lateral restricts excavation from the surface when that excavation results in subsidence in another parcel. Subjacent Support is the prohibition of subsurface excavation when it adversely affects another parcel.
4. Water Rights - Riparian and Prior Appropriation Doctrine
5. Accession - A landowner gains title to an improvement placed on his property by another.
- Describe a License
- 1. Not an interest in land, only a right to use land for a limited purpose
2. Does not have to be written to be enforceable
3. Often created by oral permission granted by landowner, but are often created from attempts to grant easements which are ineffective fro some reason.
4. Usually revocable @ the discretion of the licensor and are personal to the licensee and are therefore not transferrable and noninheritable.
- Describe Covenants
- 1. Most prevelant today in the creation of subdivisions, where subdivision plat or a separate series of pages of restrictive or protective covenants are placed on record by the developer before selling any of the lots..
2. Run with the land - subsequent buyers of the affected lots will also be benefitted/burdened by the covenants.
- Describe Water Rights
- 1. Riparian Rights - recognizes that owners of property adjacent to a stream or lake have certain rights to use the water therefrom for a reasonable use.
2. Prior Appropriation Doctrine - most of the western states subscribe to this. The Doctrine posits that the water belongs to all of the residents of the state, but a preferred right to use the water may be acquired by the person who first appropriates the water and applies it to a beneficial use.
- Name the Four Types of Ownership
- 1. Owner in Severalty - Where property is owned by a single person
2. Joint Tenancy - Most common type of multiple/concurrent ownership. It is an Estate held by 2 or more persons which, on the death of one, vests title in the survivor(s). Can only exist where each of the unitities of time, title, interest, and possession were present.
3. Tenancy by Entirety - In some states this is a particular type of Joint Tenancy between husband and wife.
4. Tenancy in Common - Exists whenever 2 or more persons share unity of possession w/o rights of survivorship.
- Name the 6 ways in-which title can be transferred
- 1. Deed
2. Warranty Deed
3. Quitclaim Deed
4. Bargain & Sale Deed
5. Mortgages & Deeds of Trust
- Describe a Deed
- 1. Most common type of conveyance
2. Grantor & Grantee are clearly identified
3. Property being conveyed is clearly described
4. Conveyance is signed by Grantor
5. Not effective until delivered to the grantee or their agent
- What is a Warranty Deed
- 1. Also called a \'Grant Deed\' in some states, contains certain covenants or guarantee of title
2. \'Grant\' or \'Warrant\' imply that Grantor has not previously conveyed this property to another person & that the property is free from encumbrances or other defects in title that would affect transfer of title.
3. \'Special Warranty Deed\' usually warrants title only against defects arising after grantor acquired title.
- What is a Quitclaim Deed?
- 1. The Grantor warrants nothing
2. The deed conveys only that title, if any, which the grantor has in the property @ time of conveyance
3. Often used to clear title where a person has questionable interest in or claim to the property
- Explain what a Bargain and Sale Deed is
- 1. Hybrid between a quitclaim and a warranty deed
2. Often utilized by guardians, trustees, and personal representatives of estates.
- What are a Mortgage & Deeds of Trust?
- 1. Convey only a security interest in a property
2. Mortgage - A contract and conveyance by which the mortgagor/borrower gives certain rights in a parcel of real property to a mortgagee/lender
3. Deeds of Trust - Conveyance where 3 parties are involved; a Trust/Borrpwer, a Trustee (holds legl title), and a beneficiary/Lender
- What is an Escrow?
- An agreement between buyer and seller to accomplish the transaction through a third person, called an Escrow Holder.
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