Ca Real Estate Principles & License Prep

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Abatement

Back 1

A legal action to remove a nuisance

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Appropriation, right of

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The legal right to take possession of and use for beneficial purposes water from streams or other bodies of water.

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Appurtenance

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An object, right or interest that is incidental to the land and goes with or pertains to the land.

Example: A Shed

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Base lines

Back 4

In the Section and Township method of land description, California has three sets of base lines, which are east-west lines, and meridians which are north-south lines.

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Bill of sale

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A written document given by a seller to a purchaser of personal property.

Used with PERSONAL property not REAL property.

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Bundle of rights

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Rights the law attributes to ownership of property.

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Law of capture

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The legal right of a landowner to all of the gas, oil, and steam produced from wells drilled directly underneath on his or her property, even if the gas, oil, or steam migrates from below a neighbor's property.

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Commercial acre

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The buildable part of an acre that remains after subtracting land needed for streets, sidewalks, and curbs.

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Condition subsequent

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A condition that, upon its occurrence, can result in the forfeiture of an interest in property.

Example: Can never serve alcohol on property.

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Covenant

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A contractual promise to do or not do certain acts, the remedy for breach thereof being either monetary damages or injunctive relief, not forfeiture.

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CC&R

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An abbreviation of "covenants, conditions, and restrictions". Often used to refer to restrictions recorded by a developer on an entire subdivision.

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Deed

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A document that when signed by the grantor and legally delivered to the grantee conveys title to real property.

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Dominant tenement

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Land that is benefited by an easement appurtentant

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Easement

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A non-possessory right to use a portion of another property owners land for a specific purpose, as for a right-of-way, without paying rent or being considered a trespasser.

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Easement appurtenant

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An easement that benefits, and is appurtenant to, anthers land.

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Easement by necessity

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Arises when land has no access except over the land of someone other than from the person from whom the parcel was purchased.

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Easement in gross

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Easement that benefits a legal person rather than other land.

A personal right for someone to use another's land.

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Ejectment

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Legal action to recover real property from a person who is not legally entitled to possess it, such as to remove an encroachment or to evict a defaulting buyer or tenant.

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Emblements

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Growing crops, such as grapes, that are produced seasonally though a tenants farmer's labor and industry.

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Encroachment

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A thing affixed under, on, or above the land of another person without permission.

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Encumber

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To place a lien or other encumbrance on property.

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Encumberance

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A right or interest held by someone other than that owner the property that affects or limits the ownership of the property, such as easements and liens.

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Fixture

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An object, originally personal property, that is attached to the land in such a manner as to be considered real property.

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Good-faith improver

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A person who, because of a mistake of law or fact, makes an improvement to land in good faith and under erroneous belief that he or she is the owner of the land.

Ejectment is possible

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Implied easement

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An easement arising by implication, as when a purchaser of mineral rights automatically acquires an implied right to enter the property to extract the minerals.

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Lateral support

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The support that soil receives from the land adjacent to it. Land owners have the right for this to be maintained.

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Lot, block, and tract land description

or

Recorded map land description

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A method of land description that states a property's lot, block, and tract number, referring to a map recorded in the county where the property is located.

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Metes and bounds land description

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A method of describing a parcel of land that uses physical features of the locale, along with directions and distances, to define the boundaries of the parcel.

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Nuisance

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Anything that is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

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Point of beginning

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The fixed starting point in the metes and bounds method of land description.

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Profit a prendre

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The right to enter another's land for such purposes as to drill for oil, mine for coal, or cut and remove timber.

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Riparian rights

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The rights of a landowner to use water from a stream or lake adjacent to his or her property, provided such use is reasonable and does not injure other riparian owners.

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Section

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One square mile, containing 640 acres.

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Sections and township land description

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A method of land description based on a grid system of north-south lines ("ranges") and east-west lins ("tier" or "township" lines) that divides the land into townships and sections.

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Servient tenement

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Land that is burdened by an easement

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Subjacent support

Back 36

The support soil receives from land beneath it.

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Township

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Six square miles, containing 36 sections.

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Trade fixtures

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Objects that a tenant attaches to real property for use in the tenant's trade or business. Trade fixtures differ from other fixtures in that, even though they are attached with some permanence to real property, they may be removed at the end of the tenancy of the business.

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Treaty of Guadalupe Hodalgo

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The treaty that ended the Mexican-American war (1846-1848), annexed California to the United States, and provided for the recognition of community property rights in California.