Unit #2 - Learning Objectives Quiz Flashcards
Identify the origins of the California legal system
The Spanish Empire
Define the elements of real property
Anything permanently attached or altered on the lot of land. Ex: house, cabinets, carport…
Describe the forms of water rights found in California
Riparian rights, or the rights to reasonable use of river or flowing water bordering an owners property.
Littoral Rights, or the rights to reasonable use of lake or still body of water bordering an owners property.
Underground water rights, the right to correlative use of the water under their land.
List the tests for a fixture
M - Method, level of attachment. Wood Gazebo on concrete is attached permanently. Screened enclosure fastened to the ground with tent stakes is not.
A - Adaptability, customization. Ex: custom-fitted item like a swimming pool cover.
R - Relationship of the parties. If a tenant attaches something there’s a presumption that its personal property and can be removed. Courts favor tenant over landlord & buyer over seller.
I - Intent in placing the item on the land. Such as an addition for health and safety such as a fire extinguisher.
A - Agreement of parties, specifying in writing whether various items are fixtures or personal property and how they affect the transaction.
Identify and explain the methods of the legal description of the land
Metes and bounds - Uses boundary markers and measures the distance from marker to determine a properties perimeter. (rivers, roads, monuments, natural or artificial objects)
Rectangular survey system - bases description of land on the distance from a base line that runs east-west and a meridian that runs north-south.
Lot and block - subdivision system or map shows the boundaries of all the parcels in the subdivision. Map is filed in the county recorders office, usually by developer.
Compute the size of a parcel of land described using the rectangular survey system
Multiplying fractions of parcels to find final acres of a described area of land
