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46 Cards in this Set

  • Front
  • Back
How many acres is CA?
100 million acres are in California
Pop of CA?
37 million
When did the spanish colonize CA?
The years 1542 to 1822 were known as the period of exploration, discovery, and colonization.
Mex independence from Spain was on ?
April 1822
How and when did CA become a US territory?
In 1848, the Treaty of Guadalupe Hidalgo ended
the war with Mexico, and California became a territory of the United States.
When did CA become a state?
California achieved full statehood on September 9, 1850
What are included in the Bundle of property rights?
The right to own property
The right to possess property
The right to use property
The right to enjoy property
The right to encumber property (borrow money) on property
The right to dispose of property
The right to exclude those who do not share ownership of
the property
Three examples of how goverment controls property rights:
Zoning, building codes, and antidiscrimination laws.
Relationship between real and personal property? ("anything that is not...")
The law states that anything that is not real property is personal property. Likewise, any property that is not personal property is real property.
4 aspects of real property:
1. __
2. That which is __ to the land
3. That which is __ or incidental to the land
4. That which is __ by law
land
affixed
appurtenant
immovable
3 aspects of "land" (above and below):
1. Surface of the land
2. Airspace above the land
3. Materials and substances beneath the surface to the center of the
earth
Definition of "surface of the land":
the space on the surface of the earth upon which people live. This includes __ support, which is support from adjoining land, and __ support, which is support from underlying strata.
lateral; subjacent
Landowners' rights about airspace:
landowners have
the right to prevent a use of airspace that would interfere with their
use and quiet enjoyment of the land.
Minerals: real or personal property?
Solid minerals contained in the land—such as coal, iron ore,
gold, or silver—are real property until they are taken from the
ground, at which time they become personal property.
definition of "easement":
a certain right to use the real property of another without
possessing it
How to take minerals not on your own land:
The owner of the mineral rights has an implied easement to
enter upon the surface of the property to extract the minerals.
How is oil different than other minerals?
Oil and gas are special classes of minerals and are governed by
the rule of capture, also known as the law of capture; because of
their shifting nature, they are not considered capable of absolute
or exclusive ownership until reduced to capture, or possession.
Who has a right to drill oil?
the right to drill for oil and gas rests with the surface
landowner or with the owner of the mineral rights if those rights
belong to someone other than the surface landowner.
Land ownership of underground water?
The landowner
has neither ownership of specific underground water nor
absolute ownership of waters running across or bordering property,
such as a lake or a stream.
What is the concept of "reasonable use" as it relates to water?
Under the Concept of Reasonable
Use, the landowner may take, in common with other owners, only
his or her share of underground (percolating) waters for beneficial
use. In a dispute, California regulatory agencies and the courts determine
a reasonable use.
What are "riparian rights"?
Although landowners next to a water course or river have no absolute
ownership of the waters, each owner has a personal right,
along with other landowners, to use such waters in a “reasonable
manner.” Basically, each owner has a right to an amount of water
in proportion to the amount of land owned that borders the water course.
What is the "right of appropriation"?
It is that right given to the state to give
permission to a nonriparian owner to take water from a river or
lake.
3 ways something can be "affixed to the land":
1. things permanently resting on the land, such as buildings.
2. things permanently attached to a building, such as fixtures.
3. things attached to the land by roots, such as trees and shrubs.
Plants are which type of property?
Natural vegetation is real property until severed or gathered, at which time it becomes personal property.
2 ways something can be "apprurtenant to the land":
1. Easements, such as the rights of way over adjoining lands, or passages for light, air, or heat from or across the land of another.
2. Stock in a mutual water company. A mutual water company is a nonprofit organization that is created to provide water to property owners within a specific district. Usually, each share is considered to be appurtenant to a specific piece of real property and cannot be sold separately. In otherwords, the stock is considered real property and transfers with the property.
How does "immovable by law" change the legal status of personal property?
When the law declares that an item of personal property is required
to stay with the land, that item then becomes real property.
Personal property: other names for it, and examples of it?
Chattels or choses. Examples: bonds,
money, contracts, furniture, automobiles, and mortgages.
Movability difference between real and personal property?
Personal property is movable, whereas real property
is considered to be immovable.
Distinction in using contracts to sell real vs. personal property:
Contracts involving the sale of real property must be in writing and signed by the person whose title is being transferred. In the sale of some personal property, the transaction need not be in writing if the price is low enough.
How each of the 2 properties are transfered:
Personal property,when sold, is usually transferred by use of a bill
of sale. Real property is transferred by delivery of a written instrument
called a deed.
An example of how the status of property can change:
Real property can become personal property, and personal property
can become real property. For example, trees growing in a
forest are considered real property. When the trees are cut and
transported to the sawmill, where they are made into boards, they
become personal property.
What is a "fixture"?
Fixtures are items that were originally personal property but are
now attached to the land in such a manner as to be considered
part of the land itself, thus becoming real property.
Why are fixtures a "touchy subject" during home sales?
If a legal dispute arises, the court must make a decision
as to whether the property in question is a fixture and must
remain with the real property or whether the item is still personal
property and can be removed and taken by the seller or the tenant.
If fixtures are removed before sale, the original owner must...
If allowed to be taken, the seller and/or tenant must repair all
damage caused by the removal.
"Test of Fixture" #1: How is it __? Nailed or screwed, or is it just leaning against the building?
attached
"Test of Fixture" #2:
Adaptability to ordinary use of
the attached personal property. In other words, is the item in
question customized, or can it easily be used in some other
building? Wall-to-wall carpeting is considered a fixture because it
was cut for a roomof a particular size and shape and the carpet is
attached to a tack strip that is nailed to the floor, whereas a standard
9 ×12 rug is personal property because it is readily movable
from house to house.
"Test of Fixture" #3:
Relationship between the
person who adds the article and the party with whom he or she
may be transacting business. In other words, is the dispute between
a landlord and a tenant, a buyer and a seller, or a borrower
and a lender? In a dispute between a landlord and a tenant, the
courts tend to favor the tenant; between a buyer and a seller, the
courts tend to favor the buyer; and between a borrower and a
lender, the courts lean toward the lender.
"Test of Fixture" #4: __ is indicated by action
or agreement of the parties. This the most important test.
Intention
"Test of Fixture" #5:
Agreements between
the parties regarding the itemin question. In other words, has a
right to the property in question been established by the signing
of an agreement? Is the item mentioned in the real estate listing or
purchase contract?
How to avoid fixture conflicts:
It is in the best interest of all parties to spell
out clearly in the purchase contract the intentions of the seller
and buyer regarding the items of personal property or fixtures
and whether or not they will remain with the property.
"Trade" exception to the fixture rule:
"Trade fixtures".
Examples are shelving, counters, or cash registers used by a business
but not sold as merchandise to customers.
These trade fixtures are viewed as the personal property of the
business tenant, and the tenant has the right to remove these items, but must repair any damage caused by the removal.
When tenants install new fixtures:
In many cases, these fixtures
may be removed by the tenant, provided the premises are not damaged
in the process of removal. However, the right to remove is not absolute; it depends on the circumstances in each case.
CA domestic partner law number?
California law, AB 205, created many
new rights and responsibilities for registered domestic partners.
Caveats to AB 205:
Partners cannot file federal taxes joinly. Also, many other states will not recognize this
California law, so domestic partners may not get the same rights if
they move to another state.
"MARIA" test for fixtures:
Method of attachment,
Adaptability,
Relationship of the parties,
Intention of the parties to the transaction,
Agreement between the parties involved
Definition of Emblements:
Emblements are annual crops produced by cultivation legally belonging to the tenant with the implied right for its harvest, and are treated as the tenant's property.