Real Estate Terms

Front 1

Fixtures

Back 1

Personal property can become real property. Fixtures are items of personal property that have become affixed to real property so that they are considered to be part of the real property and pass with the land.

Front 2

Three Primary Tests of Fixtures

Back 2

1. Intent (most important test) - what the parties intended.
2. Method of attachment - how it is attached. Degree of permanence is important.
3. Adaptability - if it is essential for the normal use of the property, it is probably a fixture.

Front 3

English Common Law

Back 3

Where most of California real estate laws have come from, which is unwritten and derived from custom and previous decisions (stare decisis).

Front 4

Real Property

Back 4

Land that which goes with the land, such as buildings, fences, trees, water rights, mineral rights, shares in a mutual water company, easements (right of way). In other words, land and the interest, benefits and rights that transfer with it.

Front 5

Appurtenances

Back 5

Things that "go with the land".

Front 6

Real Property - Mobile Homes

Back 6

Mobile homes on permanent foundations are mostly regarded as real property, while mobile homes on wheels are considered personal.

Front 7

Immovable By Law

Back 7

When the law requires property to stay with the real estate, it is considered immovable by law and by law it is real property.

Front 8

Deed

Back 8

The means by which a title to real property is transferred.

Front 9

Personal Property - AKA: Chattel

Back 9

Anything that is not real property. Property can change its character. Example: a board would be personal property, but if used as siding for a house it becomes real property.

Front 10

Bill Of Sale

Back 10

The means by which personal property is transferred.

Front 11

Chattel Real

Back 11

An interest in real property, such as a lease, trust deed, or mortgage. Chattels real are personal property.

Front 12

Emblements

Back 12

Cultivated crops, which the tenant can remove after the lease expires if they were the fruits of his or her labor. Cultivated annual crops (fructus industriales) are considered personal property. Uncultivated naturally growing trees and plants (fructus naturales) are considered real property. Unless otherwise specified, growing crops would transfer with the real estate.

Front 13

Doctrine Of Constructive Severance

Back 13

When growing crops are sold or mortgaged, they are considered separated from the land, even though they have not been severed from the land. If constructively severed, they would not transfer with the sale of the land.

Front 14

Other Indications Of Fixtures

Back 14

4. Agreement between the parties - there is no problem if the parties agree as to the nature of the property. The agreement would govern.
5. Relationship between the parties - other factors being equal, the law favors the buyer over the seller, the tenant over the landlord, and the lender over the borrower.

Front 15

Trade Fixtures

Back 15

The tenant may remove, prior to the expiration of his or her lease, anything affixed for the purpose of trade or manufacture, if removal can be made without permanent injury to the premises. Tenant must repair any damages. Trade fixtures remain personal property.

Front 16

Bundle Of Rights

Back 16

All rights incidental to ownership, such as the right to use, exclude, encumber, sell, or lease.

Front 17

Ownership

Back 17

Historically, ownership was considered to be from the center of the Earth reaching up to the highest Heavens. The contemporary view is that ownership includes only a reasonable air space. Ownership rights are not absolute. Owners cannot use their property in such a manner as to interfere with safety and enjoyment of other property owners. The government can regulate use under the police power of the state.

Front 18

Lateral Support

Back 18

Owners have the right to have their land supported by the land of their neighbors. An owner must notify their neighbor at least 30 days before excavating below their footings to allow the neighbor time to protect the property. Failure to notify them would result in liability for damages, even if the excavator was not negligent. When an owner excavates more than nine feet down from the curb and is below neighbors footings, the excavator must actually protect the neighboring structures.

Front 19

Subjacent Support

Back 19

Support from underneath the surface and would apply to parties mining or taking fluids or gas from below the surface.

Front 20

California Department of Water Resources

Back 20

Handles disputes involving water use. It's decisions are subject to court approval.

Front 21

Riparian Rights

Back 21

The right of a landowner to the reasonable use of water flowing through, adjoining, or under this or her property.

Front 22

Littoral Rights

Back 22

The right of a landowner to the reasonable use of water from an adjacent lake, sea, or ocean (a non-flowing body of water).