Chapter 2 - Estates, Transfers, and Titles

Question 1

abandonment

Answer 1

the intentional and voluntary relinquishment of any ownership interest (such as an easement) or possession of real property

Question 2

accession

Answer 2

the acquiring of additional property

Question 3

actual notice

Answer 3

it is notice that is actually and expressly given or implied

Question 4

adverse possession

Answer 4

a method of acquiring title to real property, through possession of the property for a statutory period under certain conditions, by a person other than the owner

Question 5

affirmation, affidavit, verification

Answer 5

many different types of statements made before a professional witness

Question 6

community property

Answer 6

property acquired by husband and/or wife during marriage that is not acquired as separate property.

Question 7

constructive notice

Answer 7

documents filed with the county recorder in such a way as to be considered open notice to the world

Question 8

corporation

Answer 8

a legal entity, sanctioned by the state, with rights and liabilities, distinct and apart from those of the person’s composing it

Question 9

dedication

Answer 9

the giving of private land by it’s owner for a public use; most commonly, the developer who goes it to the city

Question 10

delivery

Answer 10

the ACT of receiving a deed.

Question 11

encroachment

Answer 11

an unlawful intrusion onto another onto another’s property by making improvements to real property (swimming pool built across property line)

Question 12

escheat

Answer 12

the reverting of private property to the state when there are no valid heirs

Question 13

fee simple defeasible estate

Answer 13

a fee estate that is subject to particular limitations imposed by the grantor of the estate

Question 14

freehold estate

Answer 14

an estate of indeterminable duration (fee simple or life estate)

Question 15

general and limited partnerships

Answer 15

a voluntary association between two or more people to carry on a business with general and limited partners

Question 16

grant deed

Answer 16

a deed using the word “grant” or like words containing warranties against prior conveyances and encumbrances. this is the most commonly used deed in california

Question 17

holographic will

Answer 17

a handwritten expression of a persons desires as to the disposition of his or her property after death

Question 18

intestate succession

Answer 18

a process of law by which the state lays out the correct succession of inheritance when a person dies without leaving a valid will

Question 19

joint tenancy

Answer 19

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 ownership

Question 20

life estate

Answer 20

an estate or interest in real property that is held for the duration of the life of some certain person. it may be the person holding title to the estate or some other person.

Question 21

notary public

Answer 21

a person authorized by the state to witness the signatures of persons executing documents, sign the certificate, and affix the official seal.

Question 22

prescription

Answer 22

the means of acquiring interest in land, usually an easement, by continued use.

Question 23

probate

Answer 23

the court procedure of proving that a will is valid

Question 24

quitclaim deed

Answer 24

a deed to relinquish any interest in property that the grantor may have, without any warranty of title or interest.

Question 25

recording

Answer 25

placing a document in the official records of the county

Question 26

remainder

Answer 26

an estate that is transferred to a third party (anyone other than the grantor) upon death of the life estate holder

Question 27

reversion

Answer 27

an estate that reverts back to the grantor after the life of the tenant expires

Question 28

severalty

Answer 28

an estate of single entity held by a single person alone

Question 29

tenancy in common

Answer 29

co ownership of property by two or more persons who hold undivided interest, without right of survivorship. the interest need not be equal.

Question 30

witnessed will

Answer 30

a formal expression of a persons desires, witnessed by others, as to the disposition of his or her property after death