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54 Cards in this Set
- Front
- Back
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What is the significance of the Treaty of Guadalupe Hidalgo and in what year was it agreed upon?
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In 1848, the treaty ended the Mexican-American war of 1846 and California became a territory of the United States.
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When did California adopt a land ownership recording system?
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After September 9, 1850, the new California legislature adopted a land ownership recording system.
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In what year did California achieve full statehood?
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September 9, 1850
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What is an Acre?
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A unit of area of 43, 560 sq. ft Or 4,840 square yards.
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How does the law define Property?
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that which is the subject of ownership.
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Define Ownership.
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the right of one or more persons to possess and to use the thing which is owned, to the exclusion of others.
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Define appurtenant.
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adj._ 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.
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Define appurtenance.
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n._ A right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance.
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Define encumber?
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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.
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What kind of rights does an individual have as an owner of real property?
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the law designates the rights accompanying ownership as the Bundle of Rights.
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What are the Bundle of Rights?
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BeE, U DOPE.
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 |
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What does Real Property consist of?
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Ai LAI
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 |
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What is Land?
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uncle S.A.Ms land
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 |
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What is considered the Surface of the land?
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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.
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What is the Airspace of the land?
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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.
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What are the Minerals and Substances in the land?
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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.
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When a land is deeded to another party, who owns the Mineral Rights?
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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.
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What is IMPLIED with the ownership of Mineral Rights?
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An IMPLIED Easement to enter upon the surface of the property to extract the minerals.
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What special class of minerals are governed by the Rule of Capture?
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Oil and Gas.
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To whom does the right to drill for Oil & Gas rest upon?
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The surface landowner. OR The owner of the Mineral Rights. Recall the right to the Implied Easement.
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What are the Water Rights of the property owner?
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URR
1) Underground Water rights 2) Riparian Water rights 3) Right of Appropriation |
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What is considered Underground water?
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Percolating water that is Not confined to:
1) a well 2) a defined channel 3) a water bed |
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In California, what water source does a property owner possess ownership?
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None. The landowner has does not have ownership of specific underground water Nor absolute ownership of waters (rivers, streams) running across or bordering (lake) the property.
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What is the Concept of Reasonable Use, with respect to Underground Water rights?
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The landowner may TAKE, in common with other owners, only his share of underground (i.e. percolating) waters for Beneficial use.
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Define Riparian.
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Adj._Having to do with the banks of rivers and streams.
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What rights do landowners of property that border a river or other water course have?
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Riparian rights.
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What are Riparian rights?
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The landowner's personal right to use such waters in a reasonable manner, along w/ other landowners. No one owner has absolute ownership of the waters.
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What is the Right of Appropriation?
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It is the right given to the state to give permission to a Non-riparian owner TO TAKE water form a river or lake.
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What is the "A" in ai lAi as a component of the definition of Real Property?
What are some examples? |
that which is Affixed to the land or anything regarded as a Permanent part of the land.
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 & shrubs |
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Define Emblements.
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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.
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What does the "Ai" in Ai lai stand for as part of the component of the definition of Real Property?
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That which is Appurtenant or Incident to the land.
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What is considered Appurtenant to the land?
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Anything that, by right, is used by the land for its benefit and "goes with the land."
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What are some examples of things that are Appurtenant to the Land?
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1) Easements
2) Stock in a mutual water company |
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What is an Easement?
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n._ A right to use someone else’s property (the servient estate or burdened property) for a specific purpose.
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What is an Easement, appurtenant?
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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.
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What is an Easement, implied?
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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.
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What is a Mutual water company?
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A non-profit organization created to provide water to property owners within a specific district.
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What does the "I" in ai LaI stand for as part of the component of the definition of Real Property?
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That which is Immovable by Law.
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What is considered to be Personal Property?
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Anything that is not Real Property. Personal Property is movable, as opposed to real property.
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What are some other names for Personal Property?
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1) Chattel 2) Choses
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What are chattels?
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aka Personal property.
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What is are choses?
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aka Personal property; a thing.
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What are some examples of personal property?
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bonds, money, contracts, furniture, automobiles, and mortgages.
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What are some distinctions between Real property and Personal property, with respect to selling contracts?
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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. |
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What are considered Fixtures?
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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.
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What is the court derived Fixture test?
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MARIA.
1) Method of Attachment 2) Adaptability 3) Relationship of parties 4) Intention of parties 5) Agreement between parties |
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What is Method of attachment, with respect to fixtures?
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The method by which the property is incorporated into or attached to the land and its consequent degree of permanence.
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What is Adaptability, with respect to fixtures?
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It is the degree of adaptability to the ordinary use of the attached personal property.
Is the item customized, or can it easily be transferred to another building? |
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What does the Relationship of parties have to do with disputes over fixtures?
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The relationship between the person who adds the article and the party with whom one transacts business can sway judgement.
The court tends to favor buyers over sellers, renters over landlords, & lenders over borrowers. |
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How is Intention indicated when there is a dispute over fixtures?
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Intention is indicated by action or agreement (expressed or implied) of parties.
The intention of the person attaching the personal property to the land is an important issue. |
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In a dispute over fixtures, what are some questions that should be asked with respect to agreements?
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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? |
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What is an Exception to the Fixture Rule?
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Trade Fixtures
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What are Trade Fixtures?
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Articles of personal property that a business tenant has attached to real property because of their need to be used in trade or business.
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How are Trade Fixtures classified, i.e. real or personal property?
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Personal property. note: the business tenant has right to remove them, but must repair all damages caused by removal.
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