California Legal Aspects of Real Estate Chapter 2 Characteristics of Real Property

New manufactured mobile homes sold after July 1, 1980 that are not affixed to permanent foundation are taxed as?

Personal Property.

The right to use

Refers to the right to use it in certain ways such as mining, cultivating, landscaping, razing, and building on the property.

Lateral support

Support provided by the adjacent property.

Subjacent support

The right to have one's property supported from beneath the surface.

Construction Survey

This survey uses surveying techniques to stake out buildings, roads, walls, utilities, etc. This includes horizontal and vertical grading, slope staking, and final as-built surveys.

When are property surveys most often conducted?

When land is being sold.

What are the two classifications of property?

1) Real Property 2) Personal Property

Chain

66 feet, 4 rods, 100 links

Sq. Yard

9 sq. feet

Rectangular Survey System or Government survey method

A system of describing land by referring to meridians and baselines.

Conversion

Conversion is the act of transforming real to personal property through severance, or personal property to real property through affixing.

Emblements

Emblements are plants or crops considered personal property since human intervention is necessary for planting and harvesting.

The right to encumber

Essentially means the right to mortgage the property as collateral for debt.

The California Civil Code defines real property as?

Land, fixtures to land, anything incidental or appurtenant to land, and anything immovable by law.

Benchmarks

Local elevation markers to provide reference elevations for nearby properties.

Tangible Property

Physical, visible, and material.

Appurtenances

Rights that are said to run with the land. They can be laterally severed into surface rights (includes water rights), subsurface rights (includes gas, oil, and other mineral rights), and air rights.

Meridians

Run North and South

Parallels

Run east and west.

Which government entity is the primary regulatory entity of the real estate business?

State government.

Tier

The east-west area between two parallels.

Monumentation

The establishment of permanent on the ground objects that mark exact locations of surveyed points and lines.

Range

The north and south area between consecutive meridians.

Riprarian Rights

These rights concern properties abutting moving water such as streams and rivers. If a property abuts a stream or river, the owner's riparian rights are determined by whether the water is navigable or non navigable.

Base Parallel or Base Line

designated line for identifying townships There is a base parallel for each principal meridian.

What are the characteristics of personal property?

1) Moveable 2) Destructible 3) Homogeneous (there can be many pieces of personal property that are exactly the same).

What other ways of describing property are legal?

1) References to records of survey or tax assessor's maps, provided they have been recorded in the county where the property is located. 2) Some kinds of generalized descriptions make it possible to establish exactly what property is being described.

Rod

16.5 feet; 5.5 yards.

The rectangular survey system divides a township into how many sections?

36 squares/sections.

Section

640 acres; there are 36 sections in a township

What does a boundary survey do?

A boundary survey locates and verifies all property corners and boundaries, shows the location of all improvements in relation to the property lines, includes an area of the overall property and shows any existing encroachments.

Property

A common understanding, property is something owned by someone. From a more technical standpoint, property is not only the item that is owned but also a set of rights to the item enjoyed by the owner.

Legal Descrption

A description which accurately locates and identifies the boundaries of the subject parcel to a degree acceptable by courts of law in the state where the property is located.

How does a location survey differ from a boundary survey?

A location survey is boundary survey with the additional location of all interior improvements.

What type of survey is a boundary survey with the additional location of all other interior improvements? A) A topographic survey B) A location survey C) A site planning survey D) A construction survey

A location survey.

Fixture

A personal property item that has been converted to real property by attachment to real estate.

What is the act of converting personal property to real property by attaching it to real estate? A) Affixing B) Severing C) Appending D) Detaching

A) Affixing.

The metes and bounds description always identifies an enclosed area by starting at the origination point called? A) Point of beginning B) Base point C) Base point D) Conception

A) Point of beginning.

Affixing

Affixing, or attachment, is the act of converting personal property to real property by attaching it to the real estate, such as by assembling a pile of bricks into a barbecue pit, or constructing a boat dock from wood planks.

What did the federal government develop to simplify and standardize property descriptions as a replacement for the cumbersome and often inaccurate metes and bound method? A) The lot and block method B) The rectangular survey method C) The recorded plat method D) The public survey system

B) The rectangular survey method.

How are air rights delineated?

By imaginary vertical lines extended to infinity.

Which type of survey locates and verifies all property corners and boundaries, shows the location of all improvements in relation to property lines, includes an area of the overall property and shows any existing enroachments? A) A location survey B) A construction survey C) A boundary survey D) A site planning survey

C) A boundary survey.

Items of personal property are called? A) Appurtenances B) Fodder C) Chattels D) Interests

C) Chattels.

The term "metes" refers to distance and direction and the term "bounds" refers to? A) Course B) Visible landmarks C) Fixed reference points D) Latitude

C) Fixed Reference Points.

What types of surveys use portable receiving antennas to gather data transmitted from satellites which are used to calculate the position of the object being located on the surface of the earth? A) TA/AC surveys B) ALTA surveys C) GPS surveys D) ALTA/SM surveys

C) GPS surveys.

Tangible property is physical, visible, and? A) Abstract B) Conceptual C) Material D) Imperceptible

C) Material.

Air, water, land, and everything affixed to the land is a definition of? A) Intangible property B) Chattel C) Real estate D) Community property

C) Real estate.

What type of property is ownership of anything that is not real estate and the rights associated with owning the item. A) An emblement B) Real property C) A datum D) Personal property

D) Personal property.

Bounds

Fixed reference points, or monuments and landmarks, which may be natural or artificial.

Fixtures

Fixtures are real property converted from personal property by attachment to real estate.

The right to exclude

Gives the property owner the legal right to keep others off the property and prosecute trespassers.

What does a metes and bounds legal description do?

Identifies the boundaries of a parcel of real estate using reference points, distances, and angles.

Physical characteristics

Land has three unique characteristics immobility, indestructibility, and heterogeneity.

Real Property

Real estate and the bundle of rights associated with owning real estate.

Metes

Refers to distance and direction.

Datums

Standard elevation reference points

The rule of capture

The law allows gas or oil to be removed from wells on the surface of the owner's land even if the oil or gas came from under a neighbor's property.

Real Estate

The legal concept of real estate encompasses: land and all man made structures that are permanently attached to land.

Point of Beginning

The starting point or origination point. A Metes and bounds description must return to the POB in order to be valid.

The right to transfer

To transfer interests in the property includes the right to sell, bequeath, lease, donate, or assign ownership interests.

Trade Fixtures

Trade fixtures are personal property items temporarily attached to real estate in order to conduct business. These items are designed to be removed at some point.

Personal property an be divided into what two categories?

1) Corporeal personal property: including items such as animals, merchandise, and jewelry. 2) Incorporeal personal property, comprised of such rights as stocks, bonds, patents, and copyrights.

After a manufactured mobile home has been fastened to a permanent foundation, no one may remove it from the foundation unless?

1) Everyone with an interest in the property gives consent to removing it. 2) The California Department of Housing and Community Development receives notice of the intent to remove it at least 30 days before it is removed.

What are California's three principal meridian and baselines?

1) Humboldt Meridian and Baseline. 2) Mt. Diablo Meridian and Baseline 3) San Bernardino Meridian and Baseline.

A manufactured mobile home will be considered real property if the owner does?

1) Obtains a building permit. 2) Acquires a certificate of occupancy. 3) Records a document specifying that the home has been attached to a permanent foundation.

What situations require a legal description?

1) Public Recording 2) Creating a valid deed of conveyance or lease 3) Completing mortgage documents 4) Executing and recording other legal documents

What are the four important rights associated with owning a parcel of real estate?

1) Right to use 2) Right to transfer 3) Right to encumber 4) Right to exclude

Lot and Block method, or Recorded plat method

A system used to locate and identify land, particularly for lots in densely populated metropolitan areas, suburban areas, and areas beyond the suburbs.

Metes and Bounds

A system which uses physical features of the local geography along with directions and distances, to define and describe the boundaries of a parcel of land.

In the rectangular survey method, how large is a township in square miles and how large is a township section?

A township is 36 square miles and a section is one square mile or 640 acres.

How is a trade fixture different from a fixture?

A trade fixture has been temporarily affixed to a landlord's real property in order to conduct business and may be detached and removed before, or upon surrender, of the leased premises.

What describes a portion of land delineated by boundaries? A) A section B) A parcel C) A tier D) A plot

B) A parcel.

The three unique characteristics of land are immobility, indestructibility, and? A) Production B) Heterogeneity C) Function D) Cultivation

B) Heterogeneity.

What refers to the support provided by the adjacent property, such as a landowner having a right to demand that a neighboring property owner does nothing to cause the land to collapse? A) Material support B) Lateral support C) Central support D) Littoral support

B) Lateral support.

What types of rights concern properties abutting bodies of water that are not moving such as lakes and seas? A) Inlet rights B) Littoral rights C) Real property rights D) Riparian rights

B) Littoral rights.

What is the conversion of real property to personal property by detaching it from real estate called? A) Assignment B) Severance C) Fasten D) Allocate

B) Severance.

What term means the right to mortgage a property for collateral for debt? A) The right to exclude B) The right to encumber C) The right to finance D) The right to rescind

B) The right to encumber.

Location Survey

Boundary survey with the additional location of all the interior improvements.

What term describes a personal property item that has been converted to real property by attachment to real estate? A) A feature B) A component C) A fixture D) A fitment

C) A fixture.

Property rights that are said, "to run with the land" and includes things such as air rights, surface rights, and subsurface rights are called? A) Fixtures B) Emblements C) Appurtenances D) Chattels

C) Appurtenances.

What type of survey includes a topographic survey of a parcel of land which will be divided into two or more smaller tracts, lots, or estate divisions? A) A location survey B) A construction survey C) A site survey D) A subdivision survey

D) A subdivision survey.

What system uses the physical features of the local geography, along with directions and distances, to define and describe the boundaries of a parcel of land? A) Lot and block method B) Rectangular survey system C) Recorded plat method D) Metes and bounds

D) Metes and bounds.

What describes real estate and the bundle of rights associated with owning the real estate? A) Personal Estate B) Community Property C) Personal Property D) Real Property

D) Real Property.

What types of rights apply to the real estate contained within the surface boundaries of the parcel? A) Littoral Rights B) Water Rights C) Encumbrance Rights D) Surface Rights

D) Surface Rights.

What describes items of a tenant's personal property that the tenant has temporarily affixed to a landlords real property in order to conduct business? A) Datums B) Accessories C) Personal Devices D) Trade Fixtures

D) Trade Fixtures.

House Location Survey/Drive-by survey

Designed to show the location of the house and other large structures of the property, as well as the orientation of those structures in relation to each other.

Geographical Positioning Systems (GPS)

GPS surveys use portable receiving antennas to to gather data transmitted from satellites which are used to calculate the position of the object being located on the surface of the earth. The receiving antennas can be miles apart and still obtain very accurate data. GPS surveys are used to establish coordinate control points for the State Plane Coordinate Systems, large boundary surveys, and subdivision surveys.

Boundary Survey/Land Survey Plat

Locates and verifies all property corners and boundaries, shows the location of all improvements in relation to property lines, includes an area of overall property and shows any existing encroachments.

Growing plants may be either real or personal property. How are they differentiated?

Plants and crops grow naturally, without requiring anyone's labor or machinery, are considered real property. Plants and crops requiring human intervention and labor are called emblements which, despite their attachment to land, are considered personal property.

When did the Public Land Survey System Begin?

Shortly after the American Revolution, when the federal government became responsible for large areas of land west to the original thirteen states.

What are datums?

Standard elevation reference points.

Severance

The conversion of real property to personal property by detaching it from the real estate, such as cutting down a tree, or removing an antenna from the roof.

Land

The legal concept of land encompasses; the surface area of the earth, everything beneath the surface of the earth extending downward toward the center, all natural things permanently attached to the earth, the air above the surface of the earth extending outward to infinity.

For what kind of properties is the lot and block method most often used?

The lot and block system, also called the recorded plat method, is used to describe properties in residential, commercial, and industrial subdivisions.

Public Land Survey System (PLSS)

The method traditionally used over the largest part of the United States to survey and classify land parcels before naming an owner, particularly in rural or undeveloped land.

If a licensee wants to list and sell a manufactured or mobile home that is considered personal property, the licensee may do so only if?

The mobile home has been registered with the Department of Housing and Community Development.

Littoral Rights

The rights concern properties abutting (touching the property) bodies of water that are not moving such as lakes and seas.

What do water rights concern?

The rights to own and use water found in lakes, streams, rivers, and the ocean.

Principal Meridian

The single designated meridian for identifying townships in the principal meridian's geographical "jurisdiction." There are 36 principal meridians in the national survey.

Subdivision Survey

This often includes a topographic survey of a parcel of land which will be divided into two or more smaller tracts, lots or estate division. This can also be used for site design of lots, streets and drainage. It is for construction and recording.

Topographic Survey

This survey locates improvements and topographic features such as elevations of the land, embankments, contours, water courses, roads, ditches, utilities, etc. This survey is often used in conjunction with a Location Survey in order to prepare a Site Design Map, a Subdivision Map, or an Erosion Control Plan.

Site Planning Survey

This survey uses a boundary and topographic survey as a base to design future improvements. It can be a design for a house, a residential subdivision, a store, a shopping center, a new street or highway, a playground, or anything else.

Cadastral Land Surveys

Typically contain much more information, showing exactly where boundaries, easements, and property lines are located. Surveyors typically go to the property and make real-time measurements, which are compared with archived land records to create a more complete picture of what is located where.

ALTA/ACSM Survey

Very detailed survey often required by lending institutions and is strictly geared towards companies purchasing commercial property.

Sq. Foot

144 sq. inches

Cu. Yard

27 cu. feet

Mile

5,280 feet; 1,760 yards; 320 rods

one square mile is equal to how many acres?

640 acres

Parcel or tract

A portion of land delineated by boundaries.

Intangible Property

Abstract, having no physical existence in itself, other than as evidence of one's ownership interest.

The north-south area between consecutive meridians is called? A) Lot B) Tier C) Section D) Range

D) Range.

Chattels or Personalty

Items of personal property.

Improvements

Man made structures attached to land.