Section 3: CA Property Ownership Flashcards
Real Property and the Bundle of Rights; Real Estate, Real Property, and Personal Property; Forms of Real Estate Property Ownership; Real Estate Trusts
Land + air/space
+ attached nature
+ underground
Definition of Land
Land + attached items
Definition of Real Estate
Real Estate + rights
bundle of rights included in property ownership
Definition of Real Property
The right to draw water from underground resources (such as wells) for the landowner’s use.
PERCOLATING
The right to access and use rivers, streams, and other flowing bodies of water adjacent to the property.
RIPARIAN
The right to access and use ponds, lakes, oceans, and other stationary bodies of water bordering the property.
LITTORAL
A legal doctrine that grants water rights to the first individual or entity to take water from a source for beneficial use. It s granted by the state based on need and use rather than adjacency.
Doctrine of Prior Appropriation
The property is owned and may be possessed by the title holder.
The right of
POSSESSION
(bundle of rights)
The owner controls the use of the property. OR the right to determine interest in the property for others.
The right of
CONTROL
(bundle of rights)
The right to decide who may or may not access the property. OR the right to refuse other interests in your property
The right of
EXCLUSION
(bundle of rights)
The ability of the owner to use the property in any legal manner. OR The right to possess the land without harassment or interference
The right of
ENJOYMENT
(bundle of rights)
The right to sell or convey the property.
The right of
DISPOSITION
(bundle of rights)
Land isn’t interchangeable. One piece of land isn’t exactly like another.
UNIQUENESS
physical characteristics
While improvements may deteriorate over time, the land itself can’t be destroyed.
INDESTRUCTABILITY
physical characteristics
The geographic location of a piece of land is fixed; it can never be changed.
IMMOBILITY
physical characteristics
What Real Property Use are these:
- Single-family homes
- Multi-family dwellings
RESIDENTIAL
What Real Property Use are these:
- Restaurants
- Retail stores
- Hotels
- Parking facilities
COMMERCIAL
What Real Property Use are these:
- Light manufacturing
- Heavy manufacturing
- Warehouses
- Distribution centers
INDUSTRIAL
What Real Property Use are these:
- Timberland
- Pastureland
- Farms
- Orchards
AGRICULTURAL
What Real Property Use are these:
- Churches
- Hospitals
- Jails
- Courthouses
- College/university campuses
- Public schools
- Libraries
SPECIAL PURPOSE
A set of business laws created in the 1950s that regulate financial contracts dealing with personal property (not real estate itself). The code has nine articles, each dealing with different aspects of banking and loans.
The Uniform Commercial Code (UCC)
Whether the item is attached to the property and how permanent the attachment is
Method of annexation
Determining if an item is a fixture
How the item is situated or adapted to the real property.
Adaptability of item to land’s use
Determining if an item is a fixture
If there’s a dispute between the person who added the item and the person who removed it. The courts tend to favor a tenant’s take on an item over the landlord’s, and a buyer over a seller.
Relationship of the parties
Determining if an item is a fixture