What are the two types of freehold estates? - ANSWER-1) an estate in fee (simple absolute)
2) a life estate.
What is the most complete, largest type
... [Show More] of estate that includes all rights associated with the estate? - ANSWER-An estate in fee simple absolute
What type of estate do you own if someone grants you real property for you to own only during your lifetime? When you die, the property reverts back to original estate owner. - ANSWER-a life estate
The rights of tenants who rent or lease property is what type of estate? - ANSWER-Less-than-freehold
Does property refer to "rights" or "thing" owned? - ANSWER-Thing
What are the two types of property? - ANSWER-real and personal
What four things make up real property? - ANSWER-1) land;
2) anything affixed and regarded as permanent part of the land;
3) anything incidental or appurtenant to the land;
4) anything immovable from land
Besides the earth, i.e. soil and rocks, what else do you own when you own land? - ANSWER-The air space above the land and space beneath the land.
What types of things are considered "affixed" to the land? - ANSWER-bridges, trees, buildings and anything affixed to the buildings, ie doors.
What are waterways, easements, access or other benefits associated with land considered? - ANSWER-incidental or appurtenant to the land
What are the four different duration types that are associated with estates? - ANSWER-1) estates of inheritance or perpetual estates
2) estates for life
3) estates for years
4) estates at will
If property is not real property, than what type of property is it? - ANSWER-Personal property
What are three kinds of personal property? - ANSWER-1) money
2) movable goods/chattels
3) evidence of debt
What are fixtures? - ANSWER-Personal property that is attached to land so that it becomes a part of the real property.
What are the five tests used by the courts to determine if an item is a fixture? - ANSWER-MARIA
M ethod of attachment
A greement as to nature of property
R elationship of parties (landlord/tenant)
I ntention
A daptability for ordinary use
What are the three most common methods of describing property? - ANSWER-1) recorded map;
2) by US Government section and township;
3) metes and bounds
In townships and sections, what are the horizontal and vertical lines called? - ANSWER-Base lines (horizontal)
Meridians (vertical)
What are a grid of base lines and meridian lines (horizontal and vertical lines) called? - ANSWER-Ranges and township lines
How many miles apart are ranges and township lines? - ANSWER-Six miles apart.
What are the three main sets of base and meridian lines in California? - ANSWER-1) Humbolt
2) Mt. Diablo
3) San Bernardino
A square created by the intersection of a range and township line? - ANSWER-a township
How many square miles are in a township? - ANSWER-36 square miles
A township is divided into how many one mile squares or sections? - ANSWER-36 sections, 1 square mile each
How many feet are in a mile? - ANSWER-5,280 feet
How many square feet are in an acre? - ANSWER-43,560 square feet
How many acres are in each section of a township? - ANSWER-640 acres
How many acres are in a half section of a township? - ANSWER-320 acres
When property is not described by a recorded map, what type of description may be used? - ANSWER-Metes and bounds
What are metes measures of? - ANSWER-Length, such as feet, yards, etc
What are bounds? - ANSWER-Natural or man-made boundaries and landmarks used to describe property, such as rivers roads, trees, fences, creeks, etc
Notice given through public record is what type of notice? - ANSWER-Constructive Notice
Where must instruments affecting real property be recorded? - ANSWER-In the county where the property is located. If the property lies in more than one county, the instrument must be recorded in each county property is located.
Property owned by one person? - ANSWER-Sole or several ownership
Simultaneous ownership of property by two or more people can be what types of ownership? - ANSWER-1. Joint (joint tenancy)
2. Common (tenancy in common)
3. Community ownership (community property)
4. Partnership Interest (tenancy in partnership)
When title is held as tenants in common, is there right of survivorship? - ANSWER-NO. The deceased undivided interest in property may go to heirs.
When is a tenancy in common created? - ANSWER-If an instrument conveying property title to two or more people does not specify whether the interest in the property is joint tenancy, in partnership, or common property.
What is the most important characteristic of joint tenancy? - ANSWER-The right of survivorship.
What four "unities" must be in place for a joint tenancy to exist? - ANSWER-1. time
2. title
3. interest
4. possession
If one joint tenant dies, does the surviving joint tenant become full owner of the property, to the exclusion of heirs? - ANSWER-Yes.
A column of land six miles wide, determined by a government survey, running in a north south direction, lying east or west of a meridian. - ANSWER-range
Personal property used in a business, attached to the property, but removable by the tenant. - ANSWER-Trade Fixtures
Imaginary north-south lines used in government surveys. - ANSWER-Meridian lines
Property that is movable and not real property. - ANSWER-Personal Property
A written instrument that passes title of personal property from vendor (seller) to the vendee (buyer). - ANSWER-Bill of Sale
A legal description of land, setting forth all the boundary lines with their terminal points and angles. - ANSWER-Metes and Bounds
Allbthe legal rights relevant to ownership of property including rights of use, posssession, encumbering, and disposition. - ANSWER-Bundle of Rights
A personal property interest in real property; an old term meaning personal property. - ANSWER-Chattel or Chattel Real
An area of land equaling 43,560 square feet, or a tract about 208.71 feet square. - ANSWER-Acre
The right of a landowner, whose land borders a stream or waterway, to use and enjoy the water, provided such use does not injure the rights of other owners. - ANSWER-Riparian Rights
A square of land (US Government Survey) that contains 640 acres and is one square mile. - ANSWER-Section
The reasonable space above a parcel; or in a condominium, the cubic area of a space within the walls. - ANSWER-Airspace
Imaginary east-west lines that intersect meridian lines to form a starting point for the measurement of land. - ANSWER-Base Lines
Water that is suitable for human consumption. - ANSWER-Potable Water
Crops produced on leased land by a tenant farmer from an annual cultivation considered personal property. - ANSWER-Emblements
September 9, 1850 - ANSWER-Admission of CA into US
An acre of land less the amount of land dedicated for public improvements (sidewalks, alleys, etc) - ANSWER-Commercial Acre
When a tenant voluntarily moves out of an apartment and never returns. - ANSWER-Abandonment or Vacating
The acquiring of additional property. - ANSWER-Accession
The giving of private land by its owner for a public use; most commonly, the developer who gives it to the city. - ANSWER-Dedication
The reverting of private property to the state when there are no valid heirs. - ANSWER-Escheat
A voluntary association between two or more people to carry on a business with general and limited partners. - ANSWER-General and Limited Partnership
A deed using the word "grant", or like words, containing warranties against prior conveyances and encumberances. This is the most commonly used deed in California. - ANSWER-Grant Deed
An estate of unlimited duration, eg fee simple or life estate. - ANSWER-Freehold Estate
Undivided ownership of a property interest by two or more persons, each of whom has a right to an equal share in the interest and a right of survivorship. - ANSWER-Joint Tenancy
Notice that is actually and expressly given or implied. - ANSWER-Actual Notice
A person authorized by the state to witness the signatures of persons executing documents, sign the certificate and affix the seal. - ANSWER-Notary Republic
An event that must happen before title is passed. - ANSWER-Condition Precedent
Documents filed with the County Recorder in such a way as are considered open notice to the world. - ANSWER-Constructive Notice
Co-ownersip of property by two or more persons who hold undivided interest, without right of survivorship. The interest need not be equal. - ANSWER-Tenancy in Common
An unlawful intrusion onto another's property by making improvements to real property; e.g. a swimming pool built across a property line. - ANSWER-Encroachment
A legal entity, sanctioned by the state, with rights and liabilities, distinct and apart from those of the persons composing it. - ANSWER-Corporation
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