California Real Estate Salesperson Exam Practice – Quesiton 7

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Question

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Private restrictions on use can include

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Selections

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A. Deed restrictions

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B. Easements and rights of way

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C. Leases and mortgage notes

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D. All of the above

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Answer: A

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5 Keys Summary

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1. Deed restrictions are the most direct form of private limitations placed on property usage, often set by developers or previous owners to maintain community standards.

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2. These restrictions commonly appear as Covenants, Conditions, and Restrictions (CC&Rs) recorded against all lots within a new subdivision to control aspects like building size or design.

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3. Easements and rights of way are considered non-financial encumbrances because they grant a limited right for a third party (like a neighbor or utility) to use a specific portion of the land, rather than defining the owner’s overall use of the property.

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4. A lease is a temporary contractual arrangement granting a tenant possession rights, and a mortgage note is a financial instrument securing a lien, neither of which is categorized as a private restriction on property use.

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5. All these items (Deed restrictions, Easements, Leases, and Mortgages) are technically considered encumbrances—non-possessory interests that burden the property’s title—but only deed restrictions specifically function as private limitations on use.

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