solution
What are the two types of freehold estates?
1) an estate in fee (simple absolute)
2) a life estate.
What is the most complete, largest type of estate that includes all rights associated with
the estate?
An estate in fee simple absolute
What type of estate do you own if someone grants you real property for you to own only
during your lifetime? When you die, the property reverts back to original estate owner.
a life estate
The rights of tenants who rent or lease property is what type of estate?
Less-than-freehold
Does property refer to "rights" or "thing" owned?
Thing
What are the two types of property?
real and personal
What four things make up real property?
1) land;
2) anything affixed and regarded as permanent part of the land;
3) anything incidental or appurtenant to the land;
4) anything immovable from land
Besides the earth, i.e. soil and rocks, what else do you own when you own land?
The air space above the land and space beneath the land.
What types of things are considered "affixed" to the land?
bridges, trees, buildings and anything affixed to the buildings, ie doors.
What are waterways, easements, access or other benefits associated with land
considered?
incidental or appurtenant to the land
What are the four different duration types that are associated with estates?
1) estates of inheritance or perpetual estates
2) estates for life
3) estates for years
4) estates at will
If property is not real property, than what type of property is it?
Personal property
What are three kinds of personal property?
1) money
2) movable goods/chattels
3) evidence of debt
What are fixtures?
Personal property that is attached to land so that it becomes a part of the real property.
What are the five tests used by the courts to determine if an item is a fixture?
, MARIA
M ethod of attachment
A greement as to nature of property
R elationship of parties (landlord/tenant)
I ntention
A daptability for ordinary use
What are the three most common methods of describing property?
1) recorded map;
2) by US Government section and township;
3) metes and bounds
In townships and sections, what are the horizontal and vertical lines called?
Base lines (horizontal)
Meridians (vertical)
What are a grid of base lines and meridian lines (horizontal and vertical lines) called?
Ranges and township lines
How many miles apart are ranges and township lines?
Six miles apart.
What are the three main sets of base and meridian lines in California?
1) Humbolt
2) Mt. Diablo
3) San Bernardino
A square created by the intersection of a range and township line?
a township
How many square miles are in a township?
36 square miles
A township is divided into how many one mile squares or sections?
36 sections, 1 square mile each
How many feet are in a mile?
5,280 feet
How many square feet are in an acre?
43,560 square feet
How many acres are in each section of a township?
640 acres
How many acres are in a half section of a township?
320 acres
When property is not described by a recorded map, what type of description may be
used?
Metes and bounds
What are metes measures of?
Length, such as feet, yards, etc
What are bounds?
Natural or man-made boundaries and landmarks used to describe property, such as
rivers roads, trees, fences, creeks, etc
Notice given through public record is what type of notice?
Constructive Notice
Where must instruments affecting real property be recorded?