RP:20- Police power,legal descriptions, subdivided lands act,

RP:20- Police power,legal descriptions, subdivided lands act,

subdivisions,Land Projects and the Interstate Land Sales Disclosure Act, common int dev, co ops, condos,developers, construction and roof style Flashcards Legal Descriptions in the United StatesA legal description is NOT THE ADDRESS of the property.This method of describing a parcel of real estate is known

as:1. Lot and Block system. This legal description lists the

lot, block, subdivision, county, city, and state. Specifically, this method lists lot and block numbers that refer to a recorded subdivision plat map located in the public records of the county in which the land is located. If a parcel of land is described using this method, it is necessary for there to be a PLAT MAP to locate the parcel.Any question you might see here or on the real test concerning the best example of a "Legal description," based on the " Lot and Block" system, should be answered without including the address of the property. (Lot 12, Block 6, Quiet Village Subdivision, etc.)2. The Metes and Bounds system is sometimes used to describe irregular pieces of property or in areas where a lot and block system is not in place.A description starts at a designated place on a parcel called a Point of Beginning (POB) and proceeds around the outside of the tract by reference to linear measurements and directions.Monuments are fixed objects used to establish real estate boundaries.A property description using the metes and bounds system must BEGIN AND END at the point of beginning (the same identifiable point). If the description does not meet these guidelines, it is not a valid description.3. The Rectangular Survey System, sometimes referred to as the government survey system, or Government Rectangular Survey System, is the third method used in describing a parcel of real estate.This system is based on sets of intersecting lines.Principal Meridians run north and south.Base Lines run east and west.Township lines are lines running east and west, parallel with the base line and six miles apart.Range Lines are lines on either side of a principal meridian and are divided into six-mile-wide strips by lines that run north and south parallel to the meridian.A Township is a 36-square-mile area formed by the intersection of a

township and range lines.Each township square is divided into 36 Sections, each one mile square.California 's Base Lines and MeridiansWhen accepted by county or city authority, the map is filed in the county recorder's office.Documentation can then describe any lot in the subdivision by indicating the lot number, the block, and the map. The description also includes the name of the city, county, and

state. For example: "Lot 14, Block B, Parkview Addition (as

recorded July 17, 1956, Book 2, Page 49 of maps), City of Sacramento, County of Sacramento, State of California."As we discussed earlier in this unit, in using the township and section system, we begin with base lines, which are horizontal, and meridians, which are vertical. Regarding land descriptions, we move "townships" (north or south) from a principal base line and "ranges" (east or west) from a principal meridian.California has 3 sets of base lines and

meridians:The Humboldt Base Line and Meridian in the

northwestern part of the State;The Mt. Diablo Base Line and Meridian in the central part of the State; andThe San Bernardino Base Line and Meridian in the southern part of the State.Common Interest DevelopmentsA Common Interest Development, or CID, is a project in which there are common areas used by all tenants, with the exception of separate interests to use as individual living units, and managed by a nonprofit association. There are 4 basic types of common interest ownership, defined as

"subdivisions." These are as follows:Planned development

(PD);Community apartment project;Condominiums (and time sharing); andStock cooperatives (also known as "Co-ops").As you probably remember, we discussed the topics of condos and co-ops in Unit 5. We'll cover the other two - planned developments and community apartment projects - here.A planned development, also known as a planned unit development (PUD), is a subdivision in which the lots are owned separately, but certain areas are owned in common by all owners. A Common Area is the part of the lot or unit in the subdivision that is shared equally by all owners (undivided interest). An undivided interest is the right of any owner to use ANY part of the project. An example of a PUD is a subdivided tract of homes, each on its own lot, that share a tennis court or swimming pool built on a separate lot. (The tennis court or swimming pool is owned in common with the other tract owners.) In this type of subdivision, an owner's association is elected by all of the owners to manage and maintain the common areas of

the development.Community Apartment Projects are two or more apartments that are defined as a subdivision, in which the operation, maintenance, and control is usually exercised by the governing board elected by the owners of the individual fractional interests in the subdivision. Each owner receives an undivided interest in the land, along with an exclusive leasehold right to occupy a unit.Additional Subdivision NotesThe following regulations also apply to

subdivisions:Subdivided land projects that are located in

another state, even though they are offered for sale in California, do NOT need to have a public report from the Commissioner or BRE.Out-of-state subdividers must simply include certain disclosures in both advertising and sales agreements.Any foreign properties that are offered for sale in California are considered "buyer-beware" situations, because there are very few restrictions placed on them.Any Californian who considers purchasing property that is out of the state OR out of the country should always seek legal advice before entering into any sales agreement.Keep in mind that a subdivision project is not one to be entered into lightly, since the process requires a great deal of time AND money. In fact, the average subdivision takes months to process, while a MAJOR development can take years.ANY advertising and promotions by subdividers MUST follow the DRE's guidelines. One such requirement is that the public report must be given to each advertising media selected by the subdividers.Another subdivision advertising mandate is that a 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.Roof and Architectural Styles in California There are MANY different roof and architectural styles of homes in California . We will briefly list some of these styles here. (Keep in mind that this is NOT a

comprehensive list of styles.)Roof Styles:Victorian

roof;Gable roof;Hip roof;Mansard (French-style) roof;Pyramid roof;Shed roof; andGambrel roof (used on

barns and Dutch Colonial homes).Architectural Styles:New

England Colonial;Georgian Colonial;Southern Colonial;California Bungalow;California Ranch;Spanish;Cape Cod;Victorian;French Norman ;French Provincial;English Tudor; andMonterey Police PowerEarlier in this course, we explored the topic of police power.Police power is the constitutional right of the government to regulate private activity to promote the general safety, health, and welfare of society. As we discussed earlier, police power includes such things as zoning, health codes, building codes, set-back requirements, and environmental regulations. Police power also allows the government the power to regulate private land use WITHOUT being compensated.Eminent domain gives the government the power to acquire the title to private land for public use, in exchange for a PAYMENT of "just compensation," as we