Treaty of Guadalupe Hidalgo
- 1848
- ending the war with Mexico
English common law
Follows the laws established by the legislature, as well as the common law customs and usages established by judicial decisions.
Community property
- from Spanish law
- Property acquired by spouses during marriage
1850
California becomes a state
The Board of Land Commissioners
Formed in 1851 to settle claims to private land in California.
How many percent of land is devoted to agriculture in California?
29%
Land ownership in California
- Federal -44,904,000 - 45%
- State -2,332,000 - 2%
- Local -2,050,000 - 2%
- Private -100,071,000 - 51%
The five major rights (PUEDE)
- Right of POSSESSION
- Right to control the property’s USE
- Right of ENJOYMENT of the property
- Right to DISPOSE of the property
- Right to EXCLUDE others from the property
Real property
- AKA real estate
-includes:
•Land
•Fixtures(attachments)to land
•Anything incidental or appurtenant to land
•Anything immovable by law
Fixture
Is anything, including improvements, that is attached, or affixed to land.
Appurtenance
Is anything used with the land for the benefit of its owners, such as a roadway or waterway.
Emblements
Cultivated crops
The sale of growing crops is governed by the provisions of the?
Uniform Commercial Code
Fructus industriales
Crops produced by human labor (lettuce, cotton, grapes, and so on)
Fructus naturales
Naturally occurring plant growth (Such as Grasses)
5 test for a fixture (MARIA)
- METHOD by which the is affixed (The greater the degree of permanence in the attachment, the more likely it is a fixture)
- ADAPTABILITY of the thing for the land’s ordinary use.
- RELATIONSHIP of the parties.
- INTENT in placing the item on the land(most important consideration because it deals with health and safety)
- AGREEMENT of the parties.
Ownership of a real property is transferred by an instrument called a?
DEED
Ownership of personal property usually is transferred by a ?
Bill of Sale
Meets and bounds
Used boundary markers measures the distance from marker to marker to determine a property’s perimeter.
- Metes- refers to distances, which may be measured in inches, feet, yards, or rods.
- Bounds- are natural or artificial boundaries, such as rivers and roads.Single monuments, or markers, such as rocks, fences, iron pipes, or other natural or artificial objects may also be used.
Rectangular survey system also known as?
Section and township system or U.S. government survey system.
Three types of legal description of land
- Metes and bounds
- Rectangular survey system
- Lot and Block
Baseline and meridian
- Baseline runs east to west
- Meridian runs North-South from a reference point
One standard section is?
Is one square mile, which contains 640 acres.
Township refers to
36 square miles
