Term
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Definition
| The rights or interests a person has in the thing owned |
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Term
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Definition
| Immovable; Land, anything affixed to the land (Fixtures), Appurtenances. |
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Definition
| includes surface, mineral, air, and water rights |
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Term
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Definition
| Moving water; a brook, stream, river, or water course |
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Definition
| Non-moving water; pond, lake, ocean |
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Term
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Definition
| Government may give permission to a non-riparian owner to take water from another landowner or a public water way |
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Term
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Definition
| Acquisition of property by it being added to other property |
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Term
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Definition
| The process of gradual or imperceptible additions to land bordering a river or stream;(an individual acquires title to land by natural causes as a result of accretion) |
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Term
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Definition
| The soil deposited by accretion |
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Term
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Definition
| Sudden violent tearing away of land by the action of water |
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Term
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Definition
| The gradual wearing away of land by natural forces;(Erosion results in the loss of title) |
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Term
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Definition
| An increase in land by the permanent withdrawal of a sea or river |
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Term
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Definition
| Something incorporated into real property; M.A.R.I.A; Method, Agreement, Relationship, Intention, Adaptability |
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Term
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Definition
| things used with the land for its benefit; real property |
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Term
| Personal Property (chattel, chose) |
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Definition
Movable; leases, trade fixtures, business opportunities, most mobile homes
note: Title to real property is transferred by deed. Personal property is transferred by bill of sale. |
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Term
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Definition
| Borrower retains possession of the item securing the debt; trust deed, mortgage, pink slip for car loan |
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Term
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Definition
| a fixture attached to real property as part of tenants trade or business. Remains personal property of a business tenant |
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Term
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Definition
| the act of removing something attached to the land, changing it form real to personal property |
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Term
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Definition
Burdens on property, including money burdens.
note: A homestead is not an encumbrance |
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Term
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Definition
| are placed against the property voluntarily or involuntarily. A lien is a charge against property |
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Term
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Definition
| Burdens on a particular parcel; mechanics lien, trust deed, mortgage, attachment, property tax, lis pendens |
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Term
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Definition
| Burdens on any and all real property of the owner in the county where they are recorded; judgment lien and income tax lien. |
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Term
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Definition
Money encumbrances recorded by people who have performed work or furnished materials for the improvement of real property and were not paid;
note: only liens which must be verified and recorded |
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Term
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Definition
| mechanic's liens take priority earlier than the date of recording, day work began or materials were first furnished; except government liens |
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Term
| Notice of Nonresponsibility |
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Definition
| notice must be recorded within 10 days of obtaining knowledge of improvements |
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Term
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Definition
| Notice of pending litigation concerning title or possession of real property; Must be recorded, and clouds the title pending outcome of lawsuit. |
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Term
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Definition
| created by recording a writ of attachment; Creates a lien on real property. Legally holds real property and will be available to satisfy judgment in a lawsuit. |
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Term
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Definition
| valid for 10 years; enforced by way of execution sale. |
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Term
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Definition
| affect the physical condition or use of the property. Non-money encumbrances do not include liens; easements, encroachments, and restrictions. |
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Term
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Definition
| The right to enter or use another person's land within definable limits. All easements are real property. |
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Term
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Definition
| the land that gets the benefit of the easement |
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Term
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Definition
| the land crossed by an easement, the land that is encumbered(burdened) by the easement; Every easement MUST have a servient tenement. |
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Term
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Definition
| Benefits the land of the dominant tenement. |
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Term
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Definition
| Benefits a person or corporation(utility easement for power lines); will involve 1 parcel of land |
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Term
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Definition
| Agreement of the parties. Tenant may grant an easement, but may not extend the term of the lease. |
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Term
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Definition
| an easement retained by a grantor when conveying property |
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Term
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Definition
| May be acquired by 5 years of open, notorious, continuous, hostile use, under claim of right or color of title; No confrontation, property taxes don't need to be paid. |
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Term
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Definition
| the holder of servient tenement cannot terminate or revoke the easement; An easement may be terminated by: Express release, Merger, Non-use for 5 years, Destruction. |
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Term
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Definition
| When the holder of dominant tenement signs a quitclaim deed. |
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Term
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Definition
| when the owner of the easement acquires the servient tenement |
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Term
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Definition
| Wrongful placement of an improvement on the property of another. a type of trespass. an owner is allowed 3 years in which to sue neighbor to have encroachment removed. |
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Term
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Definition
| restrict the free use of land by an owner. all restrictions are Private or Public |
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Term
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Definition
| created by the grantor or developer in a deed or by written agreement(CC&R's); Do not include ZONING LAWS |
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Term
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Definition
| Covenants, conditions, and restrictions are usually placed in a "declaration of restriction"; restrict land use in a subdivision |
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Term
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Definition
| Court order restricting a party from doing an act. "STOP THAT" |
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Term
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Definition
| a Promise to do or not to do a certain thing; |
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Term
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Definition
| qualification of an estate held by a grantee; failure to comply may result in forfeiture of title. (More Serious than breach of a Covenant) |
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Term
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Definition
| "Zoning Laws" justified for safety, health and general well being of the public; Retroactive Zoning laws are ILLEGAL. |
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Term
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Definition
| define ownership rights and interests. an owner of a condominium and a tenant who is renting both have an estate in property. |
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Term
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Definition
| an estate of indeterminable duration |
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Term
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Definition
| an estate which is indefinite in duration and can be sold or inherited. May have encumbrances. |
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Term
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Definition
| a freehold estate, limited in duration to someone's life. |
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Term
| Less-Than-Freehold Estate(leasehold estate or chattel real) |
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Definition
| the legal interest in real property held by a tenant who is leasing or renting. Personal property; a lease is a non-money encumbrance against property |
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Term
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Definition
| Must have termination date |
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Term
| Estate of Periodic tenancy |
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Definition
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Term
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Definition
| occupancy for an indefinite period |
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Term
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Definition
| one in which the tenant who has rightfully come into possession of rental property retains possession after the expiration of the term |
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Term
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Definition
| Lessor, offeror, grantor, etc. identifies the creator or giver of a document. Lessee, offeree, grantee etc. the receiver of document |
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Term
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Definition
| the lessee pays a fixed amount. the lessor pays expenses |
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Term
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Definition
| lessee pays expenses such as taxes, insurance, and maintenance; benefits lessor by giving him a fixed income. |
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Term
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Definition
| lessee pays rent based on a percentage of gross receipts of the lessee's business. A commercial parking lot would pay the highest percentage in a percentage lease |
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Term
| Creation of a Lease (L.A.N.D) |
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Definition
| no specific wording required. clear intent to rent property; Length of time, Amount of rent and method of payment, Names of the parties, Description of the property |
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Term
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Definition
| with a duration of 1 year must be in writing |
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Term
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Definition
| the original lessee gives up a portion of his overall interest in the leasehold. transfers possession of real property but not ownership. |
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Term
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Definition
| the tenant transfers all the rights and interests to a new tenant. |
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Term
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Definition
| Landlord and tenant mutually agree to terminate a lease. |
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Term
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Definition
| Cannot exceed 2 months rent or on unfurnished dwellings or 3 months rent on furnished dwellings; Landlord must return deposit within 21 days. |
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Term
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Definition
| the personal and nonassignable right to do an act on the land of another. unlike easements, a license may be revoked. |
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Term
| Eminent Domain (Condemnation) |
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Definition
| The power of the government to take private property for public use; is not part of POLICE POWER OR ZONING. |
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Term
| Police Power (government regulation of property) |
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Definition
| the right the government to pass and enforce laws for the order, safety, health, morals, and welfare of the public. |
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Term
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Definition
| when a person dies leaving no heirs and no will, the state gets the property; an individual may never acquire land by escheat. |
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Term
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Definition
| a court suit to perfect title, usually by removing a cloud on title |
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Term
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Definition
| when a person dies without a will, but with heirs. |
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Term
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Definition
| judicial proceeding to make sure the debts are paid and assets of the decedent are properly distributed. |
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Term
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Definition
| Property is sold under a "writ of execution" to satisfy judgment |
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Term
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Definition
| acquiring title by 5 years of exclusive, open, notorious, continuous, possession of property |
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Term
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Definition
grants cities and counties control over the design of a subdivision; Primary tool used is zoning(Police Power).
note: a Subdivision is 4 or less parcels |
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Term
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Definition
| Designed to prevent fraud. A subdivision of 5 or more parcels is regulated both subdivision map act and subdivided lands law. |
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Term
| Environmental Quality Act |
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Definition
| A negative declaration indicates the subdivision does not harm the environment; Good. Also allows the conversion of existing rental units to condominiums. |
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