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.
East/West Line
Base Lines
North/ South Lind
Meridian Lines
6 miles by 6 miles squares
Townships
Sections
Smaller squares in a township (640 Acres)
How many sections are in a township?
36
Lot and Block System
Also called the lot, block, and tract system or subdivision system. Common for suburban or city areas. Each property is assigned its own APN.
During the days of Spanish Rule, All land was owned by:
The Crown
The Treaty of Guadalupe Hildago ended
the War with Mexico
Real Estate Law, which relies on court decisions as well as legislation, is based on
English Common Law
Land disputes over the Spanish and Mexican land grants were settled by:
The board of land commissioners
In California, the term real estate is synonymous with
Real Property
Real Property is NOT
Moveable
The sale of real property generally is governed by the laws of
The state where the real property is located
The sale of personal property generally is governed by the laws of:
The state where the owner of the property resides.
In California, the Uniform Commercial Code governs sales transactions involving:
Bulk sales of goods
For real estate to be conveyed, there must be an accurate:
description
A subdivision map is:
A good reference for a legal description.
The MOST useful method of describing a subdivision parcel is probably
The lot and block system.
The rectangular survey system is also called
the U.S. government survey system
California has how many principal baselines?
Three
A township consists of how many sections?
36
A section is
640 Acres
The land described as the South 1/2 of the North 1/2 of Section 18 contains how many acres?
160
The point of the beginning is used in
the metes and bounds system
