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CARE Prin Ch. 6-1B:D
Part I: Acquire Title/Methods of Acquiring Title
| Term | Definition |
|---|---|
| Accession | is a mode of acquiring property that involves the addition of value to property through labor or the addition of new materials. |
| Accretion | The adding of land by natural causes |
| Acknowledgment | A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his or her act and deed. |
| Addition of fixture | Occurs when a person affixes something to the land of another without an agreement permitting removal |
| Administrator or Administratrix | A male of female appointed by the probate court to administer the estate of a person deceased. |
| Adverse Possession | The process by which title to another's property is acquired without compensation. Ownership may develop into legal title if five conditions are met. |
| Alluvion | the action of the sea or a river in forming new land by deposition. |
| Avulsion | The sudden tearing away of land by disaster, e.g. earthquake. |
| Devise | A gift of Real Property by Will |
| Devisee | The person receiving Real Property by Will |
| Bequest, Legacy | A gift of personal property by will |
| Foreclosure action | When a person holding a delinquent lien on a property institutes proceedings requesting the forced sale of property. |
| Grant Deed | (For California)-Implied Deed- Grantor only states he has title and that he has not caused any unrecorded encumbrances to the property |
| Grantee | The Purchaser; a person to whom a grant is made. |
| Grantor | The Seller of Property, one who signs a deed. |
| Holographic Will | Document that is written, dated, and signed in its entirely in the handwriting of the maker. It requires no witnesses. |
| Legatee | Person receiving personal property by will |
| Codicil | A change in a will |
| Intestate | A situation in which a person dies without leaving a will, he or she is said to have died intestate. |
| Testate | A situation in which a person dies leaving a will |
| Executor or Executrix | Male or Female named in the will by the maker of the will to handle the estate of the deceased. |
| Testator or Testatrix | Male or Female who makes a will. |
| Erosion | The natural wearing away |
| Percolating Water | Water having no defined channel and not confined by a well. Law allows for the beneficial use of such water, Water Table. |
| Alluvium | Name of soil deposited through accretion. |
| Riperian Rights | River |
| Littoral Rights | Lake |
| Appropriation | Right given to non-riperian owner to use water from the CA State Water Resources Board. |
| Eminent Domain | Private property taken for the benefit on public use with Monetary compensation |
| Police Power | The right of the state to enact laws and enforce them for the order, safety, health, moral and general welfare of the public. |
| Escheat | Reversion of unclaimed property to the state because there is no will or heirs. |
| Metes and Bounds | A term used in describing the boundary lines of line, setting forth all the boundary lines together with their terminal points and angles. |
| Partition Action | Court proceedings by which co-owners seek to server their joint ownership. |
| Private Grant | An owner voluntarily conveys his or her ownership rights to another. |
| Probate | An action that takes place in superior court, and the estate property may be sold during the probate period for the benefit of the heirs or to cover court cost. |
| Public Grant | A governmental agency deeds property to an individual or an institution. |
| Quitclaim Deed | A deed to relinquish any interest in property the grantor may have. |
| Statutory Will | Is a pre-printed form approved by the state in which a person merely fills in the blanks, usually without formal legal assistance. This statutory will requires at least 2 witnesses. |
| Succession | The handing down of property to another person. |
| Trust Deed | A legal document by which a borrower pledges certain real property or collateral as guarantee for the repayment of a loan. |
| Warranty Deed | A deed used to convey real property that contains warranties of title and quiet possession, and the grantor agrees to defend the premises against the lawful claims of third persons. |
| Witnessed Will | A formal typewritten document signed by the individual who is making it, wherein he or she declares in the presence of at least two witnesses that it is his or her own will. |
| Writ of Execution | An order from the court allowing the judgement holder to attach or seize real or personal property belonging to the judgment debtor. |
| Will | An instrument that leaves real estate of a decedent to an heir(s), for example witnessed will. |
| Water Table | The distance from surface of ground to a depth at which natural groundwater is found. |
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