Real Estate Principles; Terms

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Appurtenance

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Something annexed to another thing that may be transferred incident to it. That which belongs to another thing, such as a barn, a dwelling, a garage, or an orchard, is incident to the land to which it is attached

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Bundle of Rights

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Rights the law designates that accompany ownership

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Emblements

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Growing vegetable crops

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Fixtures

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Appurtenances attached to the land ir improvements, which usually cannot be removed without agreement, as they become real property; for example, plumbing fixtures or store fixtures built into the property

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Riparian Rights

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The right of a landowner the water on, under, or adjacent to his or her land

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trade Fixtures

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Articles of personal property annexed to real property, but which are necessary to the carrying on of a trade and are removable by the owner

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Treaty of Guadalupe Hidalgo

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Ended the war with Mexico and whereby California became a territory of the United States

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Accretion

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An addition to land from natural causes as, for example, from the gradual action of the ocean or river waters

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Acknowledgement

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A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his or her act and deed

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Adverse Possession

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The open and notorious possession and occupancy under an evident claim or right, in denial or opposition to the title of another claimant

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Alluvion

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Soil deposited by accretion; increase of earth on a shore or bank of a river

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Avulsion

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The sudden tearing away or removal of land by action of water flowing over or through it

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Eminent Domain

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The right of the government to acquire property for necessary public or quasi-public use by condemnation; owner must be fairly compensated

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Escheat

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The reverting of property to the state when heirs capable of inheriting are lacking

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Executor/Executrix

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A person named in a will to carry out its provisions as to the disposition of the estate of a deceased person

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Grant Deed

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A deed in which "grant" is used as the word of conveyance. The grantor implicitly warrants that he or she has not already conveyed to any other person and that the estate conveyed is free from encumbrances done, made, or suffered by the grantor or any person claiming under him or her, including taxes, assessments, and other liens

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Grantee

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The purchaser; a person to whom a grant is made

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Grantor

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Seller of property; one who signs a deed

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Holographic Will

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Document written, dated, and signed in its entirety in the handwriting of the maker. It requires no witnesses

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Intestate

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A person who dies having made no will or a will that is defective in form, in which case the estate descends to the heirs at law or next of kin

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Metes and Bounds

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A term used in describing the boundary lines of land, setting forth all the boundary lines together with their terminal points and angles

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Partition Action

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Court proceedings by which co-owners seek to sever their joint ownership

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Private Grant

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An owner voluntarily conveys his or her ownership rights to another

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Probate

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An action that takes place in superior court, and the estate property may be sold during the probate period for the benefit of the heirs or to the cover court costs

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Public Grant

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A governmental agency deeds property to an individual or an institution

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Quitclaim deed

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A deed to relinquish any interest in property the grantor may have

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Registered Domestic Partnership

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Established when persons meeting the criteria specified by Family Code section 297 file a Declaration of Domestic Partnership with the Secretary of State of California

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Statutory Will

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A preprinted form approved by state in which a person merely fills in the blanks, usually without formal legal assistance. Requires at least two witnesses

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Succession

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The handing down of property to another person

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Trust Deed

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A legal document by which a borrower pledges certain real property or collateral as guarantee for the repayment of a loan

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Warranty Deed

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A deed used to convey real property that contains warranties of title and quiet possession, and the grantor thus agrees to defend the premises against the lawful claims of third persons

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Witnessed Will

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A formal typewritten document signed by the individual who is making it, wherein he or she declares in the presence of at least two witnesses that it is his or her own will