Chaoter 2.1 Flashcards
Accretion
An addition to land from natural causes as, for example, from gradual action of the ocean or river waters
Acknowledgment
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his or her act indeed
Addition of fixtures
Occurs when a person affixes something to the land of another without an agreement permitting removal. The thing so affixed may then become the property of the landowner
Administrator
A person appointed by the probate court to administer the estate of a person deceased
Adverse possession
The open and notorious possession and occupancy under an evident claim or right, in denial or opposition to the title of another claimant
Alluvion
Soul deposited by accretion; increase of earth on a shore or bank of a river
Avulsion
The sudden tearing away or removal of land by action of water flowing over or through it.
Eminent domain
The right of the government to acquire property for necessary public or quasi public use by condemnation; the owner must be fairly compensated. The right of the government to do this and the right of the private citizen to get paid is spelled out in the fifth amendment
Escheat
The reverting of properties to the state when heirs capable of inheriting are lacking
Executor
A person named in a will to carry out its provisions as to the disposition of the estate of the deceased person
Foreclosure action
Procedure whereby property pledged as security for a debt is sold to pay the debt in the event of default in payment or terms
Grant deed
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.
Granted
The purchaser; a person to whom a grant is made
Grantor
Seller of property; one who signs a deed
Holographic will
Document written, dated, and signed in its entirety in the handwriting of the maker. It requires no witnesses
Intestate
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
Metes and bounds
A term used in describing the boundary lines of land, setting forth all the boundary lines together with their terminal points and angles
Partition action
Court proceedings by which co owners seek to serve their joint ownership
Private grant
An owner voluntarily conveys his or her ownership rights to another
Private
An action that takes place in superior court, and the estate property may be sold during the probate period
Public grant
A governmental agency deeds property to an individual or institution
Quitclaim deed
A deed to relinquish any interest in property the grantor may have
Registered domestic partner
Established one person’s meeting the criteria specified by family code a declaration of domestic partnership with the security of state of California
Statutory will
A pre-printed form approved by the state in which a person nearly filled in the blank’s, usually without formal legal assistance. This will requires at least two witnesses
Succession
The handing down of property to another person
Trust deed
Conveys bear legal title (but no rights of use or possession) to a third-party called a trust. This deed differs from others in that title is held by the trustee nearly as security for a lien
US government survey system
Established monuments as points of beginning. The monuments are intersected by two imaginary lines ( base and meridian)
Warranty deed
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
Witnessed will
A formal typewritten document signed by the individual who is making it, wherein they declare in the prescience of at least two witnesses that it is their own will
Accession
You may acquire title to property that is added to your existing real estate
