Unit 2: The Nature of Real Property Flashcards
Pueblos
During Spanish Rule, ownership of all land was held by the crown- The King of Spain
51% of California’s land today is owned by:
The Private Sector
When did California become a part of the United States
In 1848 with the signing of the Treaty of Guadalupe Hidalgo
Real property is transferred by:
A deed
Personal property is transferred by:
A bill of sale
Chattel
Personal property that is transferred with a bill of sale
Real Property
Land
Fixtures (attachments) to the Land
Anything incidental or appurtenant to the land
Anything immovable by law
Appurtenant
Runs with the land (easements, rights of way, parking spaces)
Riparian Rights
Rights of a property owner bordering a river
Littoral Rights
Rights of a property owner bordering a lake
Appropriation
Government can collect water and distribute it for public use.
Potable Water
Water that is fit for consumption
Fixture Test (MARIA)
Method of attachment.
Adaptability- Can you easily use it somewhere else.
Relationship of the parties- Law favors the buyer
Intent in placing the item on the land (most important)
Agreement of the parties
Trade Fixture
Personal Property- A fixture used in the course of business.
Meets and Bounds
Is used in extremely rural areas where no track map has been recorded. Doesn’t show topography. Will show perimeter.
Rectangular Survey System
Section and township system. This system bases description of the land on its distance from a baseline that runs east-west and a meridian that runs north-south from a reference point.