abandonment
more than simple nonuse; happens when a lessee abandons the leasehold interest by leaving the premises and acting in a way that is inconsistent with continuing possession, such as by failing to make rent payments when due, removing one's property from the
accessions
refers to an increase in the property owned; manmade or natural additions to property may extend the owner's title to include those additions; can occur by the construction of improvements or by the process of accretion or reliction
accretion
the process by which land adjacent to a flowing body of water accumulates new soil
acknowledgement
a document; may be made anywhere within California before an authorized official, typically a notary public, can't be a party to the transaction or related to a party to the transaction
action for declaratory relief
the parties petition the court for a determination of their respective rights before a controversy arises
action to quiet title
brought to force others who have claims to the property to provide those claims or have the claims ruled invalid by the court; the usual method of establishing title by adverse possession and of clearing tax titles or title acquired on a forfeited contrac
administrator
court appointed person to handle the estate
adverse possession
one of the ways in which property can be acquired by occupancy; taking over someone else's property and occupying it long enough to actually acquire ownership of it; follow these five steps:
1. you must occupy the property openly and notoriously - that is
after-acquired title
brought to force others who have claims to the property to prove those claims or have the claims ruled invalid by the court
alienation
transfer of title; may be involuntary
alluvion
buildup of new soil
alluvium
buildup of new soil
avulsion
the natural force of a moving body of water acting gradually or suddenly may wash away or tear land
bequest
the transfer of property by will, particularly personal property is also referred to as this of a legacy
certificate of sale
buyer receives this if they bought personal property at an auction
chain of title
if the grantor's name is not given exactly as it appears in the conveyance to the grantor, it may not be possible to complete that "link" in this
codicil
during life, the testator has the right to make a new will or to change a will by adding new or amended provisions through this document
color of title
the possession of a document erroneously appearing to convey title to the occupant
common-law dedication
occurs when a landowner devotes land to a public use, as when a roadway is opened to public use or described as such in the deeds to adjoining parcels
condemnation
a process that gives notice to the property owner that the property is being taken; the property owner receives compensation based on an appraisal, which usually is the property's fair market value
decedent
the person who died
deed
method of transfer of fee simple ownership; becoming the preferred method of public acquisition
devise
the transfer of title to real estate by a will
devisee
person receiving property by will
devisor
deceased owner (property owner)
easement
the right to use or to travel over someone else's land
easement by prescription
if an easement is without permission and the user fulfills all the other requirements for adverse possession, except for paying property taxes, this will be created
eminent domain
the federal and state governments have the right to acquire title to property through this method
equitable estoppel
a common-law theory meant to prevent unjust enrichment; prohibits a refusal to make the transfer of title; prevents fraud or misrepresentation by the present owner of property; if a property owner misrepresents his or her ownership (whether by act or omis
erosion
the process by which precipitation (rainfall) wears away the surface of the soil
escheat
the process of an attorney general acting on behalf of the state to bring a claim against the estate and, if no claimant comes forward within five years, title to the property vests in the state; happens when it's impossible to find a decedent's property
executor
a will names this person to act as the decedent's representative in ensuring that the terms of the will are carried out
forfeiture
occurs if a condition subsequent in a deed is breached; the grantor (or the grantor's successor) then has the right to reacquire title
gift deed
although the grant deed form leaves space for the consideration paid by the grantee, it may be used to convey property as this by supplying the words "love and affection" as the condsideration received
grant
transfer
grant deed
a private grant; written instrument giving the names of both parties and a legal description of the property
grantee
the person the grantor transfers title to
granting clause
transfer of title by deed; may be the voluntary or involuntary act of the parties, as in the case of a foreclosure sale when title is transferred by operation of law
grantor
the property owner
holographic will
written entirely in the handwriting of the testator
intestate
a person who dies without having made a will is said to have died (this); all states make provision by law for distribution of the property of intestate persons
intestate succession
provides for distribution of the property of a person who dies without leaving a valid will
inverse condemnation
sometimes, property that hasn't been condemned is damaged or its use is affected by a nearby public activity - when that happenes, the affected property owners may seek money damages in a legal action claiming this
judgement
the party who wins a legal action may receive this from the court that includes the award of money damages against the losing party; the holder can file it in any county in the state in which the debtor owns property and then seek a writ of execution
judicial foreclosure action
the holder of a turst deed, a mortgage, or other lien on property requests a court-supervised sale of the property to cover the unpaid balance on the delinquent debt
legacy
can be transferred to a legatee
legatee
recipient of property
partition action
brought by a co-owner of property to force a severance of the co-owners' respective interests
power of sale
gives the trustee under a trust deed the ability to sell the property to satisfy the unpaid debt if the debtor defaults; a mortgage or another lien document also may provide this for the mortgagee or lienholder
probate
the name of the court process that determines the decedent's heirs and creditors, pays debts owed by the estate, and transfers title to any remaining property from the decedent to the decedent's heirs
Probate Code
governs the sale of real property that's part of a probate proceeding; the executor or administrator may sell real property if it's in the beset interests of the estate to do so (such as to pay debts or make specific bequests); the real property may be of
quitclaim deed
gives no such warranties and cannot convey after-acquired title, but it may clear a cloud on the title
Real Estate Fraud Prosecution Trust Fund
help district attorneys and law enforcement agencies deter, investigate, and prosecute real property fraud crimes
reconveyance deed
if the debt is paid, this put title back in the trustor
recording
the safest way of ensuring that one's title to property is unquestioned
reliction
waters of any moving body of water may permanently recede, uncovering new land that was once under the water; increases the adjacent owner's property
request for reconveyance
the beneficiary notifies the trustee that the debt has been cleared by sending the trustee this document
sheriff's deed
buyer receives this if they buy real property at an auction; the officer who conducts the sale must record a duplicate of the sheriff's deed in the office of the county recorder
satutory dedication
generally transfers an easement for the intended public use
tack
periods of occupancy
tax deed
issued by the county tax collector if property is sold because of nonpayment of taxes
testate
when the testator dies, it is said they die testate
testator
property owner; the person making a will
trust deed
enables a trustee to hold title until a debt is paid to the beneficiary by the trustor
trustee in bankruptcy
carries out the sale, and the buyer receives a trustee's deed
trustee's deed
used when property serves as security for a debt
warranty deed
gives express (stated) warranties
will
a person who dies leaves this
writ of execution
a court order directing the county sheriff or another officer to satisfy a judgment out of the debtor's property; property available to satisfy the judgement includes any nonexempt real property owned by the debtor; the property is sold at an auction, and
fair market value
the price a property should bring on the open market