The Concept of Property

Question 1

Abatement

Answer 1

a legal action to remove a nuisance

Question 2

Right of appropriation

Answer 2

the legal right to take possession of and use for beneficial purposes water from streams or other bodies of water

Question 3

appurtenance

Answer 3

an object, right or interest that is incidental to the land and goes with or pertains to the land

Question 4

base lines

Answer 4

in the sections and townships method of land description California has three sets of base lines, which are east-west lines and meridians which are north-south

Question 5

bill of sale

Answer 5

written document given by a seller to a purchaser of personal property

Question 6

bundle of rights

Answer 6

rights the law attribute to ownership of property

Question 7

law of capture

Answer 7

the legal right of a landowner to all of the gas, oil, and steam produced from wells drilled directly underneath on his or her property, even if the gas, oil, or steam migrates from below a neighbors property

Question 8

commercial acre

Answer 8

the buildable part of an acre that remains after subtracting the forfeiture of an interest in property

Question 9

condition subsequent

Answer 9

a condition that, upon its occurrence, can result in the forfeiture of an interest in property

Question 10

covenant

Answer 10

a contractual promise to do or not do certain acts, the remedy for breach thereof being either monetary damages or injunctive relief, not forfeiture

Question 11

CC&R

Answer 11

an abbreviation of “covenants, conditions, and restrictions often used to refer to restrictions recorded by a developer on an entire subdivision

Question 12

deed

Answer 12

a document that when signed by the grantor and legally delivered to the grantee conveys title to real property

Question 13

dominant tenenment

Answer 13

land that is benefited by an easement appurtenant

Question 14

easement

Answer 14

right to use a portion of another property owners land for a specific purpose

Question 15

easement appurtenant

Answer 15

an easement that benefits, and is appurtenant to, anothers land

Question 16

easement by necessity

Answer 16

land purchase has no access except over the land of someone other than from the person from whom the parcel was purchased

Question 17

easement in gross

Answer 17

an easement that benefits a legal person rather than other land

Question 18

ejectment

Answer 18

a legal action to recover possession of real property from a person who is not legally entitled to possess it, such as to remove an encroachment or to evict a defaulting buyer

Question 19

emblements

Answer 19

growing crops, that are produced seasonally through a tenants farmers labor and industry

Question 20

encroachment

Answer 20

a thing affixed under, on, or above the land of another without permission

Question 21

encumber

Answer 21

to place a lien or other encumbrance on property

Question 22

encumbrance

Answer 22

right or interest held by someone other than the owner of the proper that affects or limits the ownership of the property, such as easements and liens

Question 23

fixture

Answer 23

an object originally personal property, that is attached to the land in such a manner as to be considered real property

Question 24

good faith improver

Answer 24

a person who, because of a mistake of law or fact, makes an improvement to land in good faith and under erroneous belief that he or she is the owner of the land

Question 25

implied easement

Answer 25

an easement arising by implication. when a purchase of mineral rights automatically acquires an implied right to enter the property to extract the minerals

Question 26

lateral support

Answer 26

the support that soil receives from the land adjacent to it

Question 27

Metes and bounds land description

Answer 27

a method of describing a parcel of land that uses physical features of the locale

Question 28

nuisance

Answer 28

anything that is indecent or offensive to the senses, or an obstruction to the free use of property

Question 29

point of beginning

Answer 29

the fixed starting point in the metes and bounds method

Question 30

profit a prendre

Answer 30

the right to enter anothers land for such a purpose as to drill for oil etc

Question 31

recorded map land description

Answer 31

propertys lot, block and tract number

Question 32

riparian rights

Answer 32

the rights of a landowner to use water from a stream or lake adjacent to his or her property within reason

Question 33

section

Answer 33

one square mile, containing 640 acres

Question 34

sections and township land description

Answer 34

a method of land description based on a grid system of north0south

Question 35

servient tenement

Answer 35

land that is burdened by an easement

Question 36

subjacent support

Answer 36

the support that soil receives from land beneath it

Question 37

township

Answer 37

six square miles, contain 36 sections

Question 38

trade fixtures

Answer 38

objects that a tenant attaches to real property for use in the tenants trade or business

Question 39

bundle of rights

Answer 39

right to possess, use, enjoy, encumber, sell, or exclude from others

Question 40

deed

Answer 40

transfer of real property

Question 41

bill of sale

Answer 41

in excess of $500 and in writing

Question 42

domicille

Answer 42

owners permanent residents

Question 43

littoral rights

Answer 43

landowner to reasonable use of water from lakes, seas, or oceans Non flowing water

Question 44

encumbered by an easement

Answer 44

servient tenement

Question 45

express grant

Answer 45

the owner of the servient tenement expreslly grants someone else the rights to use the servient land for some purpose

Question 46

express reservation

Answer 46

the owner of the servient tenement expressly reserves the right to use a portion of the servient tenement

Question 47

tests of a fixture

Answer 47

method of attachment, adaptability of the attached item, relationship of the parties, intent of the person attaching the item (most significant)

Question 48

subdivision

Answer 48

land parcel of land is divided into smaller parcels

Question 49

Alloidal

Answer 49

modern form of ownership

Question 50

statutory lien

Answer 50

one that arises out of specific law

Question 51

judgement lien

Answer 51

judgment lien, however, is a decision directed by the courts and can apply to whatever assets it deems appropriate.

Question 52

covenant of seisin

Answer 52

gives owners the right to sell or transfer property at will.

Question 53

recording of a deed

Answer 53

Gives constructive notice of the ownership of real property

Question 54

primary purpose of a deed is to

Answer 54

Transfer title rights