Re Principles. Ch 1: Introduction To Real Estate

Front 1

What is the significance of the Treaty of Guadalupe Hidalgo and in what year was it agreed upon?

Back 1

In 1848, the treaty ended the Mexican-American war of 1846 and California became a territory of the United States.

Front 2

When did California adopt a land ownership recording system?

Back 2

After September 9, 1850, the new California legislature adopted a land ownership recording system.

Front 3

In what year did California achieve full statehood?

Back 3

September 9, 1850

Front 4

What is an Acre?

Back 4

A unit of area of 4,840 square yards.
An acre is 43,560 sq ft.
An acre is 0.0015625 sq. miles.

Hint 4

Football field, goal line to goal line ~ 1 1/10 acres; chop the field down to 90.75 yds and that's an acre.
Basketball court, 0.108 acre ~ 1/10 acre.

Front 5

How does the law define Property?

Back 5

that which is the subject of ownership.

Hint 5

In a legal sense, the word property does not refer exclusively to the physical thing owned.

Front 6

Define Ownership.

Back 6

the right of one or more persons to possess and to use the thing which is owned, to the exclusion of others.

Front 7

Define appurtenant.

Back 7

adjective- pertaining to something that attaches. In real property law, this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbor's parcel, or a covenant (agreement) against blocking the neighbor's view. Thus, there are references to appurtenant easement or appurtenant covenant.

Front 8

What kind of rights does an individual have as an owner of real property?

Back 8

the law designates the rights accompanying ownership as the Bundle of Rights.

Front 9

Define appurtenance.

Back 9

noun- A right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance.

Front 10

Define encumber?

Back 10

1) Restrict or burden (someone or something) in such a way that free action or movement is difficult.
2) Saddle (a person or estate) with a debt or mortgage.

Front 11

What are the Bundle of Rights?

Back 11

1) The right to own property
2) The right to possess property
3) The right to use property
4) The right to enjoy property
5) The right to encumber property or borrow money on property
6) The right to dispose property
7) The right to exclude those who do not share ownership of the property

Hint 11

BeE, U DOPE
B: borrow money on property
e: encumber property
E: enjoy property
U: use property
D: dispose of property
O: own property
P: possess property
E: exclude those who do not share ownership of the property

Front 12

What does Real Property consist of?

Back 12

1) Land
2) That which is Affixed to the land
3) That which is Appurtenant or Incidental to the land
4) That which is Immovable by law

Hint 12

Appurtenant_adj. - Furnishing added support

Ai LAI:
Ai: That which is Appurtenant or Incidental to the land
L: Land
A: That which is Affixed to the land
I: That which is Immovable by law

Front 13

What is Land?

Back 13

Land is the solid material of the earth (e.g. rock, soil, etc.); Composition: mountains, valleys, swamps, etc.

1) Surface of the land
2) Airspace of the land
3) Materials and substances beneath the surface to the center of the earth

Hint 13

S.A.Ms

The US is uncle S.A.M.s land.

Front 14

What is considered the Surface of the land?

Back 14

the space on the surface of the earth upon that which people live.
Includes:
lateral support- the support from the adjoining land.
subjacent support- the support from the underlying strata.

Hint 14

The surface of the land is part of the definition of Real Property\ Land\ Land.

Real Property: ai Lai
Land: Sams

Front 15

What is the Airspace of the land?

Back 15

A reasonable amount of airspace above the property, the remainder of which is considered a public highway.

note: landowners have the right to prevent the use of airspace that would interfere with their Use and Quiet Enjoyment of the land.

What constitutes a Reasonable Amount is determined by the courts on a case by case basis.

Hint 15

The Airspace of the land is part of the definition of Real Property\ Land\ Airspace.

Real Property: ai Lai
Land: sAms
Reasonable amount above land.

Front 16

What are the Minerals and Substances in the land?

Back 16

This refers to SOLID minerals contained in the land (e.g. coal, Fe, Au, Ag, Cu, etc.). These are Real Property UNTIL they are removed from the ground, at which point they become Personal Property.

Hint 16

The Minerals and Substances of the land are part of the definition of Real Property\ Land\ Minerals and Substances beneath the surface to the center of the earth.

Real Property: ai Lai
Land: saMS
Solid minerals within land.

Front 17

When a land is deeded to another party, who owns the Mineral Rights?

Back 17

The Mineral (which is part of the land) Rights are also conveyed UNLESS they are reserved OR have already been sold to another (3rd) party.

Front 18

What is IMPLIED with the ownership of Mineral Rights?

Back 18

An IMPLIED Easement to enter upon the surface of the property to extract the minerals.

Hint 18

This implication may have to be due to the fact that an Easement is considered to be Appurtenant to the Land.

Front 19

What special class of minerals are governed by the Rule of Capture?

Back 19

Oil and Gas.

Hint 19

Because of their shifty nature, they're not capable of absolute or exclusive ownership UNTIL they are reduced to CAPTURE i.e. possession; at this point, they become Personal Property.

Front 20

To whom does the right to drill for Oil & Gas rest upon?

Back 20

The surface landowner. OR
The owner of the Mineral Rights.
Recall the right to the Implied Easement.

Front 21

What are the Water Rights of the property owner?

Back 21

1) Underground Water rights
2) Riparian Water rights
3) Right of Appropriation

Hint 21

Water Rights: URR

Front 22

What is considered Underground water?

Back 22

Percolating water that is Not confined to:
1) a well
2) a defined channel
3) a water bed

Front 23

In California, what water source does a property owner possess ownership?

Back 23

None. The landowner has neither ownership of specific underground water Nor absolute ownership of waters running or across (rivers, streams) or bordering (lake) the property.

Front 24

What is the Concept of Reasonable Use, with respect to Underground Water rights?

Back 24

The landowner may TAKE, in common with other owners, only his share of underground (i.e. percolating) waters for Beneficial use.

Hint 24

In a dispute, CA regulatory agencies & the courts determine "reasonable use".

Front 25

Define Riparian.

Back 25

Adj._Having to do with the banks of rivers and streams.

Front 26

What rights do landowners of property that border a river or other water course have?

Back 26

Riparian rights.

Front 27

What are the Riparian rights?

Back 27

With no absolute ownership of the waters, each owner has a personal right, along with other landowners, to USE such waters in a reasonable manner.

Hint 27

Each owner has a right to an amount of water in proportion to the amount of land owned that borders the water course and in light of the needs of all interested parties.

Front 28

What is the Right of Appropriation?

Back 28

The right given to the state to give permission to a Non-riparian owner to take water form a river or lake.

Front 29

What is the "A" in ai lAi as a component of the definition of Real Property?

Back 29

that which is Affixed to the land or anything regarded as a Permanent part of the land.

What are some examples?

Hint 29

1) things permanently Resting on the land (e.g. buildings)
2) things permanently Attached to a building (e.g. fixtures)
3) things Attached to the land by roots (e.g. trees and shrubs)

note: Natural vegetation (i.e. not cultivated) is Real Property until it's "severed/gathered"; at which point, it becomes Personal Property.

Front 30

Define Emblements.

Back 30

In the common law, 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 personal property.

Hint 30

Annual crops cultivated by a tenant which are treated as the tenant's property rather than the landowner's. If a tenant loses possession of the land, he or she is still entitled to finish raising the crops and to harvest them. If the land passes to someone else because of the tenant's death, the crops pass to the tenant's heirs. If the crops are annual but did not require labor by the tenant or if the crops are not annual, they are not considered emblements.

Front 31

What does the "Ai" in Ai lai stand for as part of the component of the definition of Real Property?

Back 31

That which is Appurtenant or Incident to the land.

Front 32

What is considered Appurtenant to the land?

Back 32

Anything that, by right, is used by the land for its benefit and "goes with the land."

Front 33

What are some examples of things that are Appurtenant to the Land?

Back 33

1) Easements
2) Stock in a mutual water company

Front 34

What is an Easement?

Back 34

n._ A right to use someone else’s property (the servient estate or burdened property) for a specific purpose.

Hint 34

Example:
The rights of way over adjoining lands.
The rights of way for the passage of light, air, or heat from or across the land of another.

Front 35

What is an Easement, appurtenant?

Back 35

n._ An easement that is attached to a particular piece of property (the dominant estate or benefited property) and stays with it if it is transferred to another owner.

Front 36

What is an Easement, implied?

Back 36

n. _ An easement that the law will find must have been intended by the parties to a transaction, even if they did not express it, i.e., easements that are necessary for both parties to continue to use their property.

Front 37

What is a Mutual water company?

Back 37

A non-profit organization created to provide water to property owners within a specific district.

Hint 37

The mutual water stock is appurtenant to the land and thus can not be severed from the property during a transaction.

Front 38

What does the "i" in AI lai stand for as part of the component of the definition of Real Property?

Back 38

That which is Immovable by Law.

Hint 38

When the law Declares that an item of personal property is required to stay with the land, It Becomes Real Property.

Front 39

What is considered to be Personal Property?

Back 39

Anything that is not Real Property.

Personal Property is movable, as opposed to real property.

Front 40

What are some other names for Personal Property?

Back 40

1) Chattel
2) Choses

Front 41

What are chattels?

Back 41

aka Personal property.

Hint 41

Personal property = chattels= choses.
Offspring of slaves were considered chattels.
Russian serfs were considered chattels.
Cattle are personal property.

Front 42

What is are choses?

Back 42

aka Personal property; a thing.

Hint 42

Personal property = chattels= choses.
Choses is pronounced as "shows"

Front 43

What are some examples of personal property?

Back 43

bonds, money, contracts, furniture, automobiles, and mortgages.

Front 44

What are some distinctions between Real property and Personal property, with respect to selling contracts?

Back 44

1) Contracts selling real property Must be IN Writing AND Signed by the person who is transferring the title. The instrument is called a Deed.

2) Personal Property, when sold, is usually transferred by using a Bill of Sale.

Hint 44

If the price is low enough, the selling of personal property need not be on writing.

However, it's always best to document all transfers of property.

Front 45

What are considered Fixtures?

Back 45

Items that were originally personal property that are now attached in such a way to consider them part of the land itself and hence Real Property.

Hint 45

In a dispute were written agreements were not recorded as to the property rights of the items, the court will resolve the issue of real vs. personal property.

If allowed to be taken, the seller/tenant must repair all damage caused by removal.

Front 46

What is the court derived Fixture test?

Back 46

MARIA.
1) Method of Attachment
2) Adaptability
3) Relationship of parties
4) Intention of parties
5) Agreement between parties

Hint 46

They help define whether the disputed is a fixture and thus permanently attached and hence real property OR whether it is movable and hence personal property.

Front 47

What is Method of attachment, with respect to fixtures?

Back 47

The method by which the property is incorporated into or attached to the land and its consequent degree of permanence.

Hint 47

Fixture test: Maria

Front 48

What is Adaptability, with respect to fixtures?

Back 48

The adaptability to ordinary use of the attached personal property.

Is the item customized, or can it easily be transferred to another building?

Hint 48

Fixture test: mAria

>A carpet cut to dimension of floor and tacked down is a fixture.
>A rug is personal property b/c can be rolled up an moved.
>Customized draperies or fireplace screens may be fixtures.

Front 49

What does the Relationship of parties have to do with disputes over fixtures?

Back 49

The relationship between the person who adds the article and the party with whom one transacts business can sway judgement.

Hint 49

Fixture test: maRia

For the following parties: landlord:tenant, seller:buyer, borrower:lender the latter tends to be favored in a court ruling.

Front 50

What does the Intention of the parties have to do with fixtures in dispute?

Back 50

The intention of the person attaching the personal property to the land is an important issue.

Intention indicated by action or agreement (expressed or implied) of parties

Hint 50

Fixture test: marIa

If intention can be proved, the court considers this the most important test.

Front 51

What does the Agreement between the parties have to do with disputed fixtures?

Back 51

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?

Hint 51

Fixture test: mariA

Front 52

What is an Exception to the Fixture Rule?

Back 52

Trade Fixtures

Front 53

What are Trade Fixtures?

Back 53

Articles of personal property that a business tenant has attached to real property because of their need to be used in trade or business.

Hint 53

Examples: shelving, counters, cash machines, things that are used but not sold as merchandise to customers.

Front 54

How are Trade Fixtures classified, i.e. real or personal property?

Back 54

Personal property.

note: the business tenant has right to remove them, but must repair all damages caused by removal.