CA Real Property Flashcards
What makes a DEED effective?
- Formality Requirements,
- Delivered
- Accepted/acknowledged
What are the deed Formality Requirements?
- A deed must be IN WRITING
- SIGNED by the grantor, and
- SPECIFY THE PARTIES AND LAND (within reason)
When does a Deed DELIVERY occur?
Delivery occurs when the grantor’s INTENT to make the deed presently effective is ascertained.
Intent can be inferred even if actual possession of the document itself is postposed.
When does ACCEPTANCE of a deed occur?
It occurs on the date the deed was delivered into escrow unless the parties expressly state otherwise
What is Adverse Possession?
Means of obtaining title to property through the operation of the statute of limitations for trespass.
How does Adverse Possession occur?
When the following elements are met:
- Running of statute
- OPEN and NOTORIOUS possession,
- ACTUAL and exclusive POSSESSION
- CONTINUOUS possession
- HOSTILE
When is Possession Open and Notorious?
When the occupation is sufficiently apparent or visible to put the true owner on NOTICE that a trespass is occurring.
What is Exclusive possession?
The possessor is not sharing with the true owner or the public
What is Actual possession?
The occupier made use f the property in the same way a regular owner would
What is a DEED?
A document that transfers title of real property from one party to another.
What is continuous possession? (element of adverse possession)
Possession must be continues throughout the statutory period; however, constant use by the claimant is not required as long as possession is of a type that the usual owner would take.
Under adverse possession, what is HOSTILE possession?
Without owner’s permission
What are the 3 types of waste?
- Voluntary
- Permissive
- Ameliorative
What is voluntary waste (aka affirmative waste)?
Voluntary waste occurs when the landholder intentionally or negligently damages the premises. It also excludes the exploitation of minerals and natural resources on the property, unless the property was previously used for that purpose.
What is a Bona Fide Purchaser?
A person who pays VAULE and has no NOTICE of the prior instrument.
What are the 3 types of recording acts?
- Race
- Race-Notice
- Notice
What are the 3 most important things to remember when discussing easements?
- TYPE of easement
- How the easement was created; and
- whether the easement was passed on or has terminated
What is an easement?
An EASEMENT is a NON-POSSESSORY interest in land that permits the holder to make limited use of another’s land for a specified purpose.
What are the 2 types of easements?
- APPURTENANT Easement
2. Easement IN GROSS
What is an APPURTENANT Easement?
An appurtenant easement is one that is CREATED TO BENEFIT and does BENEFIT the holder in his use of another tract of land and BURDENS the owner of the land.
What is an Easement IN GROSS?
An easement i gross is an easement that benefits an individual and is not tied to the land. An easement in gross does not transfer with the land when the property is sold.
Easements can be created through: (PING)
- Prescription
- Implication
- Necessity
- Grant
What is a Prescription Easement?
A prescriptive easement arises when someone uses or otherwise occupies another’s land without permission (adverse possession)
What is an Easement by Implication?
An easement by implication arises out of OPERATION OF LAW and need not be in writing. Most easements by implication arise out of a PRIOR EXISTING USE.
When does an easement by NECESSITY exist?
When the owner of a tract of land SELLS A PART OF THE TRACT, and by this division, one lot is deprived of access to a public road or utility line. This creates a RIGHT OF WAY BY ABSOLUTE NECESSITY over the lot with access to the public road or utility line.