The constitutional Show Eminent Domain Gives the government power to acquire title tp private land for public use, in exchange for a payment of “just compensation” Legal description is NOT . . . The address of the property The method of describing a parcel is know as? 1.Lot and Block system 2. Metes and Bounds 3. Rectangular survey system (government survey system, government rectangular system) A Plat Map A map of a recorded subdivision in the public records of the county where the land is located Sometimes used to describe irregular pieces of property or in areas where a lot and block system is not in place Where a legal description starts on a parcel, and proceeds around the outside of the tract by reference to LINEAR measurements and directions Fixed objects to establish real estate boundaries Property descriptions using Metes and Bounds MUST BEGIN and END at the point of beginning. The Rectangular Survey System This
system is based on sets of intersecting lines Intersecting lines of a rectangular survey Principle Meridian- North and South Base line - East and West Township - East and West parallel with base line and 6 MILES apart Range lines - north and South parallel to the principle Meridian 6 miles apart East and West parallel to base line 6 miles apart North and South parallel of the Principle Meridian 6 miles apart A Township is how many square miles? 36-sq mi A huge township is divided into how many 1 mile sections? Baseline and Meridians, when accepted by the county or city authority, the map is? Filed in the county recorders office California has 3 sets of base lines and meridians 1. Humboldt Base Line & Meridian in the Nor Cal 2. Mt Diablo Base Line & Meridian in Central CA 3. San Bernardino Base Line and Meridian in So Cal The two basis subdivision laws 1. Subdivision Map Act (Government Code, Section 66410 et seq) 2. Subdivided Land Act (B&P Code, sections11000-11200) The term “Subdivision” includes ALL of the following . . . *Condo project Two important requirements a Broker MUST follow when selling subdivided property 1. Furnish a copy of the Subdivided public report (obtain a receipt, give buyer opportunity to read report before offer is made) 2. Handle any deposit or purchase monies as described under CA LAW The Subdivision Map Act (a law that requires the mapping of all new subdivisions) This Act regulates the DIVISION of 2 or more lots for the purpose of selling, leasing, or financing said lots, either at that time or in the future. The Subdivision Map Act is administered by? Local Officials, and focuses on the PHYSICAL aspects of a subdivision, including The Subdivision Map Act also outlines . . . The procedure that must be used to file subdivision maps that result in the LEGAL creation of a subdivision The Subdivided Lands Act - A law to protect buyers of property in a new subdivision from: Fraud of misrepresentation when buying subdivided land Subdivided Land Act (defines as a division of land into 5 or more lots) for? The purpose of selling, leasing, or financing, now or in the future. Do not confused Lands Act = 5 or more lots Map Act = 2 or more lots Subdivided Lands Act is primarily concerned with Any marketing aspects of a subdivision, and is administered by the CA Real Estate Commissioner Under the Subdivision Land Act a new subdivision of 5 or more lots may NOT be offered for sale until? The Real Estate Commissioner issues a public report for the Subdivision, this report WILL NOT BE ISSUES UNTIL he is certain ALL the statutory requirements have been met REMEMBER! It is NOT the Commissioner’s recommendation or endorsement of the development Before a lot can be sold in a new subdivision, the subdivider must provide to the buyer a copy of the Commissioner’s public report. The buyer MUST . . . Sign a statement attesting that they read the public report. This statement MUST be kept on file by the subdivider for 3yrs The public report is good for 5yrs. Should a material change occur. . . An Amended Public Report MUST be issued by the Commissioner REMEMBERS! When a lot is resold, there is no need for the subsequent buyer to receive a public report In some cases, the Commissioner might issue a Preliminary Public Report which give s the subdivider the opportunity to take reservations for a purchase, pending the approval & insurance of a Public Report If the buyer decides NOT to buy a property he’s reserved, he is NOT committed because he made a reservation. User can LEGALLY back out and receive FULL refund up until the time that the final report is issued & a binding purchase agreement is signed Subdivided land projects sold in other states but offered in CA do NOT need to have . . . A Public Report from the Commissioner or CalBRE Out of state subdivider’s MUST simply include certain disclosures in both. . . Advertising and sales agreements Any foreign properties that are offered for in CA are considered “BUYER BEWARE” situations because . . . There are very few restrictions placed on them Any Californian who considers purchasing property that is out of state OR country SHOULD ALWAYS seek legal advise before entering into any sales agreement A subdivision project is not one to be entered into lightly, since the process requires a lot of time & money. In fact . . . The average subdivision takes MONTHS to process, MAJOR developments can take YEARS! Any advertising and promotions by subdividers MUST follow the CalBRE guidelines The Public report must be given to each advertising media selected by the subdividers Another subdivision advertising mandate is that TRUE COPY of ANY . . . Advertising material proposed for use for a land project offering MUST be submitted as part of the documentation required BEFORE the public report is issued A MAJOR development or subdivision describes a? A SPECULATIVE subdivision development of 50 or more vacant lots located in a rural area that has fewer than 1,500 registered voters within 2 miles. Such subdivisions are most often sold only AFTER a very intensive promotional undertaking in those urban areas that tend to be a long distance from development Buyers “COOL OFF” period! The current CA regulation allows buyer 14 Days AFTER signing of purchase agreement to rescind (cancel) the sale and receive FULL refund. Interstate sales Full-Disclosure Act This Federal law regulates land sales between two or more states If a developer of 50 or MORE LOTS in CA wants to advertise his development in another state or states, he must still OBTAIN . . . A Public Report for the US Dept of Housing and Urban Development (HUD) Under this law out of state buyers have 7 days after receiving the public report to rescind the contract Common Interest Development, or CID A project where there are common areas used by all tenants, with the exception of separate interests to use as individual living units, managed by a non profit association 4 basic types of Common Interest Ownership defined as “subdivisions” 1. Planned development (PD) 2. Community Apartment Project 3. Condominiums (and time sharing) 4. Stock cooperatives (also known as “co-ops”) Planned Development also know as a Planned Unit Development (PUD) A subdivision in which the lots are owned separately, but certain areas are owned in common by all owners The part of the lot or chapter in a subdivision that is shared by all owners (undivided interests) Tennis court The right of any owner to use ANY part of the project In a Planned Development (PUD) Subdivision An Owners Association is elected by all of the owners to manage and maintain the common areas of the development. Community Apartment Projects Two or more apartments that are defined as a subdivision Community Apartment Projects, operation, maintenance and control is usually exercised by. . . The governing board elected by the owners of the individual fractional interests in the Subdivision Each owners receives an undivided interest (right to use ANY part of the project) in the land, along with an exclusive leasehold right to, occupy a unit Condominium is the ownership of the land and buildings in common with the other owners, plus . . . The individual ownership of specific “air spaces” The difference between the words “Condo & Townhouse” Condo - a TYPE of ownership Residential, industrial, or commercial reasons, but in CA the residential condo is the MOST common The MOST common type of Planned Development Community Apartment project owners have what type of interest in the Apartment? A Condominium Buyer has what type of interest? A FEE interest or DEED to his unit! When selling a Condo the seller MUST provide a copy of the following documents 1. The CC&R’s Time sharing a form of ownership in which each investor hold s a specific Chapter (Home) They own the right to occupy that home for a specific period each year. There can be 52 holders who each own a specific one-week share in one Chapter at a resort property Stock Cooperative (cooperative or co-op) Is a Corporation formed to own the land and improved real property, that either owns or leases real property. The buyer does NOT receive a grant deed, but DOES own a share of the corporation & right to occupy a specific unit. This “right to occupy” can be conveyed ONLY with the share pd stock in that corporation. The difference between a developer and a subdivider Could be one and the same person doing both jobs One who attempts to put land to its most profitable use through the construction of improvements. Such as commercial condominiums or subdivision projects An owner whose land is divided into two or more lots and offered for disposition A Subdividers development plan must take into account all state and local government regulations, including . . . The Subdivided Lands Law, the Subdivided Map Act, the California Environmental Quality Act, zoning and local general specific plans The goal of a developer is to: Supply the type and price range of product that will satisfy the market Developers “manufacture” residential, commercial, or industrial sites, either as . . . Vacant lot subdivisions or as improved or partially improved subdivisions Home construction styles (3 most common) 1. One-story Easiest to build & maintain, but occupies more land per sq ft than other styles Popular in CA it better utilizes the land where there is varying topography but is also aesthetically pleasing, this style is more expensive to construct Contains a single story foundation and roof that supports two floors of living area. Because of this style there is lower cost per sq.ft. The downside is that stairs must be used to reach the second floor, and the height of the structure is more difficult to reach for repair and maintain issues 1. Victorian 1. New England Colonial Constitutional right of the government to regulate private activity to promote the general safety, health and welfare of society No private property is exempt from eminent domain Give the government the power to acquire the title to private land for public use, in exchange for a PAYMENT of “just compensation” A legal description is NOT The address of the property This legal description lists the lot, block, subdivision, county, city, and state Sometimes used to describe irregular pieces of property or in areas where a lot and block system is not in place The rectangular survey system (government system) This system is based on intersecting lines Are lines on either side of the parallel meridian and are divided into 6mi strips the run N to S parallel to the Meridian A Township Is a 36 sq. mile are formed by the intersection of a township and range lines California has 3 sets of base lines & Meridians 1. Humboldt Base Line & Meridian in the NW NorCal Designed to protect the purchasers of property in new subdivisions from fraud of misrepresentation when these purchasers are buying subdivided land A subdivision is defined as . . . A division of land into 5 or more lots for the purpose of selling, leasing, or financing Before each lot in a new subdivision may be sold, the subdivider must deceived a copy of? The
Commissioners Public Report The Signed Commissioner’s report MUST be kept on file by. . . The subdivider for 3 years! The Commissioner’s Public Report is good for . . . 5 years A Preliminary Public Report Gives the subdivider the opportunity to take reservations for a purchase, pending the approval and insurance of a public report Subdivided Land projects that are LOCATED IN ANOTHER STATE that are offers for sale in CA do not need? To have a public report from the commissioner Out of state subdividers MUST simply include disclosures in. . . BOTH advertising and sales agreements A TRUE COPY of any advertising material proposed for use of land project offering MUST . . . Be submitted as part of the documentation required BEFORE the public report is issued Land project is a SPECULATIVE development of. . . 50 or more vacant lots, located in a rural area that has fewer than 1500 registered voters within 2mi “Cooling Off” any contract to buy or lease land in a land project may be rescinded. . . In writing and without cause, within 14 days after signing of the initial contract The Interstate Sales Full- Disclosure Act Regulates land sales between two or more states Common interest development (CID) Common areas used by all tenants, with the exception of separate interests to use as individual units, and managed by a nonprofit association Types of common interest ownership 1. Planned Development (PD) Planned Development; Planned Unit Development (PUD) A subdivision in which lots are owned separately, but certain areas are owned in common by all owners Part of the lot or chapter in the subdivision shared equally by all owners (undivided interests) The right of any owner to use ANY part of the project Community Apartment Projects Two or more apartments that are defined as a subdivision in which the operation is usually exercised by the governing board Buyer on the other hand, gets a FEE interest or DEED to his unit A corporation formed to own land & Improved real property, that either owns or leases real property One who attempts to,put land to its most profitable use through the construction of improvements An owner whose land is subdivided into 2 or more lots and offers for disposition. Which of the following basic laws is used to control subdivisions in California?BASIC SUBDIVISION LAWS
The two basic California subdivision laws are the Subdivision Map Act (Government Code Sections 66410, et seq.) and the Subdivided Lands Law (Sections 11000 - 11200 of the Business and Professions Code; hereinafter, the Code).
How do you split a piece of land?The process to split a piece of land into smaller pieces is known as "subdivision." The subdivision process starts with the Regional Planning Department (DRP) where a tentative map must be filed first. After the tentative map is approved, a final map must be processed and recorded through Public Works.
What is a California land project?“Land Project”: A subdivision or subdivided lands within California which satisfy all of the following conditions. (a) The subdivision or subdivided lands contain 50 or more parcels or lots, of which any 50 are both: (1) Not improved with residential, industrial, commercial, or institutional buildings; and.
What is the purpose of the California subdivided Lands Law?The Subdivided Lands Act is a consumer protection statute primarily intended to ensure adequate disclosures are made. The Subdivided Lands Act regulates public offerings of land in subdivisions for sale or lease and is interpreted and enforced by the California Department of Real Estate.
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Under which of the following is a subdivision defined as a division of land into 5 or more
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