The Concept of Property Flashcards
Abatement
a legal action to remove a nuisance
Right of appropriation
the legal right to take possession of and use for beneficial purposes water from streams or other bodies of water
appurtenance
an object, right or interest that is incidental to the land and goes with or pertains to the land
base lines
in the sections and townships method of land description California has three sets of base lines, which are east-west lines and meridians which are north-south
bill of sale
written document given by a seller to a purchaser of personal property
bundle of rights
rights the law attribute to ownership of property
law of capture
the legal right of a landowner to all of the gas, oil, and steam produced from wells drilled directly underneath on his or her property, even if the gas, oil, or steam migrates from below a neighbors property
commercial acre
the buildable part of an acre that remains after subtracting the forfeiture of an interest in property
condition subsequent
a condition that, upon its occurrence, can result in the forfeiture of an interest in property
covenant
a contractual promise to do or not do certain acts, the remedy for breach thereof being either monetary damages or injunctive relief, not forfeiture
CC&R
an abbreviation of “covenants, conditions, and restrictions often used to refer to restrictions recorded by a developer on an entire subdivision
deed
a document that when signed by the grantor and legally delivered to the grantee conveys title to real property
dominant tenenment
land that is benefited by an easement appurtenant
easement
right to use a portion of another property owners land for a specific purpose
easement appurtenant
an easement that benefits, and is appurtenant to, anothers land
easement by necessity
land purchase has no access except over the land of someone other than from the person from whom the parcel was purchased
easement in gross
an easement that benefits a legal person rather than other land
ejectment
a legal action to recover possession of real property from a person who is not legally entitled to possess it, such as to remove an encroachment or to evict a defaulting buyer
emblements
growing crops, that are produced seasonally through a tenants farmers labor and industry
encroachment
a thing affixed under, on, or above the land of another without permission
encumber
to place a lien or other encumbrance on property
encumbrance
right or interest held by someone other than the owner of the proper that affects or limits the ownership of the property, such as easements and liens
fixture
an object originally personal property, that is attached to the land in such a manner as to be considered real property
good faith improver
a person who, because of a mistake of law or fact, makes an improvement to land in good faith and under erroneous belief that he or she is the owner of the land
implied easement
an easement arising by implication. when a purchase of mineral rights automatically acquires an implied right to enter the property to extract the minerals
lateral support
the support that soil receives from the land adjacent to it
Metes and bounds land description
a method of describing a parcel of land that uses physical features of the locale
nuisance
anything that is indecent or offensive to the senses, or an obstruction to the free use of property
point of beginning
the fixed starting point in the metes and bounds method
profit a prendre
the right to enter anothers land for such a purpose as to drill for oil etc
recorded map land description
propertys lot, block and tract number
riparian rights
the rights of a landowner to use water from a stream or lake adjacent to his or her property within reason
section
one square mile, containing 640 acres
sections and township land description
a method of land description based on a grid system of north0south
servient tenement
land that is burdened by an easement
subjacent support
the support that soil receives from land beneath it
township
six square miles, contain 36 sections
trade fixtures
objects that a tenant attaches to real property for use in the tenants trade or business
bundle of rights
right to possess, use, enjoy, encumber, sell, or exclude from others
deed
transfer of real property
bill of sale
in excess of $500 and in writing
domicille
owners permanent residents
littoral rights
landowner to reasonable use of water from lakes, seas, or oceans Non flowing water
encumbered by an easement
servient tenement
express grant
the owner of the servient tenement expreslly grants someone else the rights to use the servient land for some purpose
express reservation
the owner of the servient tenement expressly reserves the right to use a portion of the servient tenement
tests of a fixture
method of attachment, adaptability of the attached item, relationship of the parties, intent of the person attaching the item (most significant)
subdivision
land parcel of land is divided into smaller parcels
Alloidal
modern form of ownership
statutory lien
one that arises out of specific law
judgement lien
judgment lien, however, is a decision directed by the courts and can apply to whatever assets it deems appropriate.
covenant of seisin
gives owners the right to sell or transfer property at will.
recording of a deed
Gives constructive notice of the ownership of real property
primary purpose of a deed is to
Transfer title rights
