Principles: Chapter 2 • Part I: Legal Descriptions, Methods Of Acquiring Title, And Deeds

Front 1

Three reasons the description of real property is essential:

Back 1

1. To specifically identify and locate areas of real property
ownership.
2. To satisfy buyers who are interested in the precise dimensions and area of their property.
3. To minimize land description disputes between neighbors by establishing set boundary lines.

Front 2

Where recorded property descriptions can be obtained:

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From title insurance policies, deeds, deeds of trust, or mortgages.

Front 3

Three major methods are used today to legally describe and locate land:

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1. Lot, block, and tract system.
2. Metes and bounds system.
3. U.S. government survey, commonly called the U.S. section and township system.

Front 4

The California Subdivision Map Act requires that:

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All new subdivisions be either mapped or platted. A map of each subdivision is recorded in the recorder’s office of the county in which the land is located.

Front 5

Example reference using lot, block, and tract:

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“All of lot 4 in Block A of Tract number 2025 in the
city of Bellflower, Los Angeles County, California. As
per map recorded in Book 76 page 83"

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The metes and bounds system is used when...

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The property in question is not covered by a recorded subdivision map or when the property is so irregular in shape that it is impractical to describe under the section and township system.

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Metes:
Bounds:
Benchmarks:

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-Inches, yards, feet
-Rivers, roads, trails
-A metal stake or rock, it is often used as an elevation point by a surveyor.

Front 8

Measuring easterly
or westerly from the north and south lines is called the __.

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bearing (part of metes & bounds).

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Land description method that is one of the oldest & most complicated:

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metes & bounds.

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A major weakness in using a metes and bounds system:

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Markers or points of beginning often disappear or are moved or replaced. In later years, this makes it difficult to find the exact corners of a parcel.

Front 11

U.S. government survey system...
vertical ref line:
horizontal ref line:

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meridian
baseline

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3 meridian, baseline pairs in CA used by the U.S. government survey system:

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Humboldt, Mt. Diablo, San Bernardino

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Lines running parallel to the principal meridians at six-mile
intervals:

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Range lines

Front 14

Lines running
parallel to the principle base lines at six-mile intervals:

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Township lines (sometimes referred to as tier lines)

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Each township is approx __ sq mi.

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36

Front 16

The relation between townships, sections, and the number 36:

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Townships are, in turn, divided into 36 sections. Each section is one mile square.

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Section 1 is always located in the __ corner of the township.

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northeast

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Size of a section in acres, and sq mi:

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One mile square, but also each contains
640 acres.

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Why some sections in townships are distorted and may not contain a full 640 acres:

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The earth's curvature

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1 mile = __ ft, __ rods

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5,280 feet or 320 rods

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One rod = __ ft

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16½ feet

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One acre = __ sq ft

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43,560 square feet

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One side of a square-shaped acre = __ feet

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208.71

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A standard acre less land needed for streets,
sidewalks, and curbs is called a:

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Commercial acre

Front 25

The five legal ways of acquiring
property are by (WOAST):

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will, occupancy, accession, succession, and transfer

Front 26

The 3 kinds of wills:

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witnessed (by 2 witnesses, who sign it), holographic (written and signed in his own handwriting), and statutory (preprinted form approved by the state, 2 witnesses)

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Male who makes a will:
Female who makes a will:

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Testator
Testatrix

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Male appointed by the court to handle the estate when no will is left:
Female:

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Adminstrator
Administratix

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A gift of real property by will:

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Devise

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Person receiving real property by will:

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Devisee

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A gift of personal property by will:

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gift, legacy

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Person receiving personal property by will:

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Legatee

Front 33

A change in a will:

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Codicil

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A situation in which a person dies without leaving a will;
he or she is said to have died __.

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Intestate

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Legal title to property being acquired by will is subject to the control
of the __.

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probate court

Front 36

What is the purpose of a probate hearing?

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To identify the creditors of the deceased and to pay off these creditors. Then if any property remains, the probate court determines the identity of
the rightful heirs and distributes the remaining property.

Front 37

Upon the death of the owner, all property is subject to the temporary possession by the:

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executor/trix (named in the will), or the administrator/trix (if no will).

Front 38

This level of court holds probate hearings and can sell the estates:

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superior

Front 39

The initial offer in a probate real estate sale must be for at least __ percent of the appraised value of the property.

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90

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Once the initial offer is made during a probate sale, the court is petitioned to ___.

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confirm the sale

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During a probate sale, the first additional bid must be an increase of at least __ percent of the first $10,000 of the original bid ($1000, that is) and __ percent of
any excess beyond $10,000.

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10, 5

Front 42

At the end of a probate sale, the court confirms the final sale and sets the ___ commissions.

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broker's

Front 43

The upside of the Independant Adminstration of Estate Act:

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no open-court hearing for other
potential bidders is required

Front 44

The 2 cons of the Independant Adminstration of Estate Act:

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The sale is still subject to court approval, and all heirs must agree.

Front 45

With intestate succession, how is SEPARATE property divided between surviving spouse and one child?

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50/50 between spouse and child

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With intestate succession, how is SEPARATE property divided between surviving spouse and 2 or more children?

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1/3 to spouse, 2/3 divided between children

Front 47

With intestate succession, to whom is SEPARATE property distributed if there is no spouse or child?

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Next of kin.

Front 48

What is it called if you acquire title to property that is added to your existing real estate?

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This process is called accession.

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The gradual accumulation of soil on property bordering a river or shoreline is called __. The soil thus deposited is referred to as __.

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accretion, alluvion

Front 50

Accession example: ___ occurs when the waterway, sea, or river recedes permanently below the usual water line. When this takes place, the owner of the property that borders on the waterway may acquire ___ to the newly exposed land.

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Reliction, title

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___ occurs when a river or stream, during a storm or earthquake, carries away a part of the bank and bears it to the opposite bank or to another part of the same bank.

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Avulsion

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Accession example: The owner of an avulsion must reclaim the title by applying some act of __, such as cultivation of the soil, within one year.

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ownership

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Accession example: Addition of __ occurs when a person affixes something to the land of another without an agreement permitting removal.

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fixtures

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Accession example: In most cases, the person who made the improvements in __ (to another's land) is permitted to remove the improvements and pay the cost
to restore the property to its __ condition.

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error, original

Front 55

If a tenant abandons the
premises and leaves personal property, the landlord may:

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reacquire the use of the property at that time, and dispose of such personal property, after due notification.

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__ __ is the process by which title to another’s property is acquired without compensation (pay). Ownership may develop into legal title if __ (#) conditions are met.

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Adverse possession; 5

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Adverse possession, condition 1: There must be actual occupation, __ (not secret) and __ (make improvements).

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open; notorious

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Adverse possession, condition 2: There must be occupancy __ to the true owner’s wishes (using the property without permission and not making rental __)

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hostile; payment

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Adverse possession, condition 3: There must be a claim of __ (claimants stay as intruders), or color of __ (claimants base their right on some court decree or on a
defective written instrument).

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right; title

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Adverse possession, condition 4: The claimants must pay all property taxes for a period of __ consecutive years before the owner does.

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5

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Adverse possession is not __ in California.

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common

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It is not possible to obtain title by adverse possession to __ lands or against a(n) __ private landowner.

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public; incompetent

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If you acquire title by adverse possession, it will be difficult to finance or sell the property without first going to __.

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court

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By far, the most common method of acquiring property is by __.

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transfer

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The 5 types of property transfers: (1) __ grant, (2) __ grant, (3) gift, (4) public __, and (5) court __ (or involuntary transfer).

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public; private; dedication; court

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Property Transfer 1 of 5: Private grant occurs when a(n) __ uses a deed to voluntarily convey his ownership rights to another.

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owner

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Property Transfer 2 of 5: When a governmental agency deeds property to an individual or institution, it is called a __ __.

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public grant

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Property Transfer 3 of 5: A property owner may voluntarily transfer property to a person or organization without compensation by the use of a __ deed.

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gift

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Property Transfer 4 of 5: A property owner may also give land for a use such as a street, a park, bridges, schools, playgrounds, etc. This act is called __ __.

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public dedication

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Property Transfer 5 of 5a, Court Action (Involuntary Transfer): the co-owners of property sue other co-owners for severance of their respective interests by forced sale of property is called a(n):

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Partition action

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Property Transfer 5 of 5b, Court Action (Involuntary Transfer): When a person holding a delinquent lien on a property starts proceedings requesting the forced sale of property via a trustee’s sale, it's called a(n) __.

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foreclosure

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Property Transfer 5 of 5c, Court Action (Involuntary Transfer): When __ proceedings are instituted, the title is held in trust by the state for a set time. If at the end of that time no heirs are found, the property transfers to the state.

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escheat

Front 73

Property Transfer 5 of 5d, Court Action (Involuntary Transfer): __ __ is the power of the state to take land from private ownership by due process of law by holding a condemnation hearing.

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Eminent domain

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For eminent domain to happen, 1/2: The property must be taken for a public use, as found to be the case __ v. New London.

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Kelo

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For eminent domain to happen, 2/2: The owner must be paid the “fair market value” based on a(n):

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appraisal

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Court Action (Involuntary Transfer), another one: Bankruptcy can be filed voluntarily or be decided by a court, which appoints a __ to sell the property to pay off creditors.

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trustee

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Public Grants: The __ Act of __ allowed vast stretches of
public land to be homesteaded. Heads of families could obtain 160 acres if they filed a declaration of homestead & agreed to occupy and improve the land. After residing
on it for five years and paying a small fee, they received a
document called a __, which conveyed the title from the government to the homesteader.

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Homestead; 1862; patent

Front 78

The transfer of ownership of real property may be done by a single written instrument known as a __.

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deed

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Using a deed, title to real property is transferred from one person, called a(n) __, to another person, called a(n) __.

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grantor; grantee

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To be valid, a deed must, 1/6: be in __ (per the Statute of Frauds).

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writing

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To be valid, a deed must, 2/6: both __ must be properly identified with full legal name & legal status (eg, husband & wife).

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parties

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To be valid, a deed must, 3/6: __ must be competent to convey (no minors, idiots, or convicts) and grantee capable of receiving title.

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Grantor

Front 83

To be valid, a deed must, 4/6: __ of the property must be clear: a
lot, block, and tract; ametes and bounds; or a U.S. government
survey description.

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Description

Front 84

To be valid, a deed must, 5/6: There must be a granting __ (eg, "I hereby grant or transfer...")

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clause

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For a deed to be valid, 6/6: Deed must contain the signature of the __s. (eg, both husband and wife must sign). Grantees need not sign.

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grantors

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California permits a person who is unable to sign his name to sign by a(n) __ as long as __ witnesses are present. One
of the witnesses then signs the __.

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mark; 2; deed

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Delivery of the Deed is Required, 1/4: Recording of the deed, if and when it happens, presumes valid __. Handing it to the grantee is also good.

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delivery

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Delivery of the Deed is Required, 2/4: a deed must be delivered to the
grantee during the grantor’s __.

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lifetime

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Delivery of the Deed is Required, 3/4: A deed is presumed to be delivered as of its date of __or __. If no date exists on the deed, the legal date is presumed to be the date of delivery and the deed is still valid.

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writing or execution

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Delivery of the Deed is Required, 4/4: A deed cannot be delivered to a grantee subject to __s (eg, "You must wait until a certain date to record this").

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conditions

Front 91

A deed must be accepted by the grantee, and this acceptance must
be voluntary and unconditional. Most commonly, this is done by the grantee __ the deed.

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recording

Front 92

To be accepted, a deed need NOT be recorded. But before recording, it must be __ (signed for a notary to witness).

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acknowledged

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A deed does not need to contain but commonly has (1) a(n) __, (2) a date, and (3) a recording number issued by the county.

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acknowledgment

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A deed is void or invalid if the
1. grantor is __ (dumb).
2. deed is signed in blank.
3. deed is not __ (mailed).
4. deed is a __ (fake).
5. grantee does not __ (fictitious or deceased).
6. deed is __ in escrow.

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incompetent; delivered; forgery; exist; altered

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The __ deed is the most commonly used instrument for transferring title to real estate.

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grant

Front 96

A grant deed carries two implied (unwritten) warranties:

1. the __ has not already conveyed title to any other person.
2. the estate being conveyed is free from __ made by the
grantor.

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grantor; encumbrances

Front 97

Explain why a potential buyer should insist that a policy of title insurance be issued as a condition of the purchase.

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The grant deed warranties that the property is free of encumbrances made BY THE GRANTOR, but it may have other encumbrances from others.

Front 98

Which instrument can be used to create easements, land use restrictions, or convey any after acquired title?

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grant deed

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This means that after the grantor deeds the property to the grantee, if the grantor should later acquire an additional interest in the property, that interest automatically passes to the grantee.

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"after acquired title"

Front 100

A __deed provides the grantee with the least protection of any deed; it carries no implied warranties and no after acquired title provisions.

Back 100

quitclaim

Front 101

This deed merely says, “Whatever interest I have in the property is yours; it may be something, or it may be nothing.”

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quitclaim

Front 102

A __ deed is usually used to remove certain items from the public record, such as the removal of an easement or a recorded restriction. It is not normally used in a buy-and-sell transaction.

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quitclaim

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The court may order an owner’s property sold after a lawsuit against the owner. The successful bidder at this type of sale receives a __ deed, which contains no __. It's also called a commissioner’s deed.

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sheriff's; warranties

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A person who wishes to give real estate to another may convey title
by using a __ deed.

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gift

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A __ deed is issued by the tax collector after the sale of land that
previously reverted to the state because of nonpayment of property
taxes.

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tax

Front 106

Under a __ deed, the grantor is legally responsible to the grantee for the condition of the title. They are seldom used in CA; we prefer to use title insurance companies.

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warranty

Front 107

This deed is executed by the trustee to the borrower (trustor). When a beneficiary (the lender) notifies the trustee that the trustor
has repaid a loan, the trustee reconveys the title back to the trustor using a(n):

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Deed of Reconveyance

Front 108

This deed conveys title to a successful bidder at a trustee’s sale
(foreclosure). It contains no warranties.

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Trustee's deed

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Title or interest in real property can be collected and held for public view at a convenient and safe place called:

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the county recorder's office.

Front 110

To be accepted for recording by a county recorder, the deed must have the following, 2 of 6:
1. A(n) __ (be notarized)
2. Name and address to which future tax __ can be mailed.

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acknowledgment; statements

Front 111

To be accepted for recording by a county recorder, the deed must have the following, 2 of 6:
3. Basis for computing the __tax
4. Names of all __involved in the transaction

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transfer; parties

Front 112

To be accepted for recording by a county recorder, the deed must have the following, 2 of 6:
5. An adequate legal __ (map)
6. Payment of a __ fee

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description; recording

Front 113

The world has __ notice of the contents of the document when it has been recorded by the county.

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constructive

Front 114

Recorded documents are filed in books called:

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grantor–grantee indexes.

Front 115

A general rule says, “The first to record is the first in __.”... though there are exceptions.

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right

Front 116

escheat:

Back 116

title has reverted to the state