CompuCram CA PROPERTY OWNERSHIP AND LAND USE CONTROLS AND REGULATIONS

Lien

A nonpossessory interest in property, giving a lienholder the right to foreclose if the owner does not pay a debt owed the lienholder; a financial encumbrance on the owner's title.

Assessment

A government's valuation of property for tax purposes.

Condemnation

Taking private property for public use, through the government's power of eminent domain; also a declaration that a structure is unfit for occupancy and must be closed or demolished.

Covenant

A contract or promise in a document such as a deed or lease, often imposing restrictions on property use.

Deed Restriction

A restriction on real property use imposed by a former owner, usually a promise to not use property in a particular way.

Easement by Express Grant

An easement granted to another in a deed or other document.

Easement by Express Reservation

A type of easement created in a deed when a landowner

• Divides the property

• Thus, transferring the servient (person who performs duties for others) tenement (separating residence)

• BUT retaining the dominant tenement.

Easement by Implication

An easement created by operation of law when land is divided, based on long-standing, apparent use necessary for enjoyment of the dominant tenement.

Easement by Necessity

A special kind of easement by implication that occurs when the dominant tenement would be completely useless without an easement.

Easement by Prescription

An easement created by open and notorious, hostile, and adverse use of another person's land for a specific period determined by state law.

Easement in Gross

An non-transferable or non-possessory easement that benefits a person or company (for a specific purpose) rather than another parcel of land.

Encroachment

A physical object intruding onto neighboring property, often due to a mistake regarding the boundary.

Encumbrance

Any claim, lien, charge, or liability that affects or limits the fee simple title to real property.

General Lien

A lien against all property of a debtor, instead of a particular piece of property.

Lis Pendens

A recorded notice stating that there is a lawsuit pending that may affect title to the defendant's real estate.

Mechanic's Lien

A specific lien claimed by someone who performed work on the property and has not been paid.

Specific Lien

A lien that attaches only to a particular piece of property.

Probate

A judicial proceeding in which the validity of a will is established and the executor is authorized to distribute the estate property.

Ad Valorem

A Latin phrase meaning 'according to value'; used to refer to taxes assessed on the value of property.

Mortgagee

A lender who accepts a mortgage as security for repayment of the loan.

Pur Autre Vie

A life estate 'for the life of another,' where the measuring life is someone other than the life tenant.

Title

Actual lawful ownership of real property; a concept or theory dealing with ownership.

Involuntary Alienation

The transfer of an interest in property against the will of the owner, occurring through operation of law.

Prescriptive Easement

An easement acquired by prescription.

(Uses another persons property for a specific period of time without the owner’s permission)

Express Reservation

An easement created in a deed when a landowner divides the property, transferring the servient tenement but retaining the dominant tenement.

Express Grant

An easement granted to another in a deed or other document.

Accretion

A gradual addition to dry land by the forces of nature.

Air Rights

The right to undisturbed use and control of the airspace over a parcel of land.

Appurtenance

A right that goes along with ownership of real property; usually transferred with the property (runs with the land).

Chattel Real

Personal property that is closely associated with real property, such as a lease.

Condition

A provision in a contract or deed that makes the parties' rights and obligations depend on the occurrence of a particular event.

Defeasible Fee

A fee estate in real property that may be defeated if certain events occur or conditions aren't met.

Dominant Tenant

A person who has easement rights on another's property.

Easement

A nonpossessory interest and an encumbrance on property that grants the right to use another person's real property for a particular purpose.

Erosion

A gradual loss of soil due to the action of water or wind.

Estate for Life

A freehold estate that lasts only as long as a specified person lives.

Estate for Years

A leasehold estate set to last for a definite period, after which it terminates automatically.

Estate in Fee Simple

The greatest estate one can have in real property; freely transferable and inheritable.

Estate in Remainder

A future interest that becomes possessory when a life estate terminates, held by someone other than the grantor.

Estate in Reversion

A future interest that becomes possessory when a temporary estate terminates, held by the grantor.

Fee Simple

The greatest estate one can have in real property; freely transferable and inheritable.

Fixture

A man-made attachment that has legally become part of the real property.

Freehold

A possessory interest in real property of uncertain duration; an ownership estate in real property.

Life Estate

A freehold estate that lasts only as long as a specified person lives.

Reliction

When a body of water gradually recedes, exposing land that was previously under water.

Remainder

A future interest that becomes possessory when a life estate terminates, held by someone other than the grantor.

Reversion

A future interest that becomes possessory when a temporary estate terminates, held by the grantor.

Riparian Rights

The water rights of a landowner whose property is adjacent to or crossed by a RIVER.

Situs

The place where something exists; an area of preference giving economic attributes to the property.

Tenancy in Common

A form of co-ownership where two or more persons each have an undivided interest in the entire property.

Trade Fixtures

Equipment a tenant installs for use in their trade or business, removable before the lease expires.

Acknowledgment

A formal declaration by a signer of a document to an authorized official that they signed voluntarily.

Bargain and Sale Deed

A deed that implies the grantor owns the property and has the right to convey it, but does not carry warranties.

Deed

A written instrument transferring the grantor's ownership of, or interest in, real property.

Devise

Real property transferred in a will or the act of transferring real property by will.

Executor / Executrix

A person appointed in a will to carry out the provisions of the will.

General Warranty Deed

A deed in which the grantor warrants the title against any and all defects.

Grantee

The person receiving a grant of real property.

Mortgagor

A person who borrows money and gives a mortgage to the lender as security.

Quitclaim Deed

A deed that grants any interest in property that the grantor may have without making any promises.

Reconveyance

An instrument (document) that releases security property from the lien created by a deed of trust.

Special Warranty Deed

A deed in which the grantor warrants title only against defects arising during their ownership.

Testate

Refers to someone who has died and left a will.

Testator

An individual who makes a will.

Voluntary Alienation

When an owner voluntarily transfers an interest to someone else.

Estate of Inheritance

An estate that can be willed or descend to heirs, such as a fee simple estate.

Fee Simple Absolute

The greatest estate one can have in real property; freely transferable and inheritable.

Fee Simple Defeasible

A fee estate in real property that may be defeated if certain events occur or conditions aren't met.

Judgment

A court's binding determination of the rights and duties of the parties in a lawsuit.

Littoral

The water rights of a landowner whose property is adjacent to a LAKE.

Ownership in Severalty

Ownership by a single individual, as opposed to co-ownership.

Bequest

Personal property transferred by a will.

Devisee

A recipient of real property under a will.

Granting Clause

Deed clause stating a grantor's intent to transfer an interest in real property.

Habendum Clause

Clause included after granting clause in many deeds; describes the type of estate granted.

e.g. the type of interest/rights to be enjoyed by the grantee or lessee

Legacy

Receiving money by will.