Chapter 2

Property owned by one natural/legal person

Owned by more than one person:

• Includes;
• Joint Tenancy
• Tenancy In Common
• Community Property
• Tenancy in Partnership

Method or mode of holding title to real property by owner/lesser

• 1) Single (Never Married)
• 2) Married
• 3) Unmarried (Divorced)
• 4) Widow
• 5) Widower

-Equal but undivided interests, right of survivorship.

• -No Probate (Court Process)
• -Four Unities (T.T.I.P);
• Time, Title, Interest, Posession

-Co-owners can sell his/her interest without consent.

• -Cannot Will
• -Free of unsecured debts

Not necessarily equal interests, no right of survivorship.

• -One unity: Possession 
• -May sell without consent
• -Separate Title
• -Can Will

• By Husband and Wife.
• -Property before marriage is separate
• -Binding on both 
• -Kids are out of Luck

Carry out business for profit.

-Equal right of possession but for partnership purposes.

• 1) Will
• 2) Succession
• 3) Accession
• 4) Occupancy
• 5) Transfer

Instrument used to dispose of property to designated beneficiaries, effective upon death.

• Types of Will:
• 1) Witnessed Will
• 2) Holographic Will
• 3) Nuncupative Will

Written Instrument signed by maker in presence of at least 2 witnesses

Handwriting of the maker

Not valid in California

Person who made the Will

deceased's representative to handle the estate

Real Property conveyed by a will

Person Receiving

Person gaving

A) Community Property - Surviving spouse acquires everything

• B) Separate Property
•      1) Equally between surviving spouse and ONE child
•      2) One third to surviving spouse and two thirds to the children (more than one)
•      3) If no children, half to surviving spouse and half to deceased's relatives.

Transfer of Property by Natural Cause

• A) Accretion: accumulation of soil
•      1) Alluvion/Alluvium - soil deposited by accretion
•      2) Erosion

B) Avulsion: sudden tearing away by action of water.

Clear title is obtained by quiet title action/quit claim deed

-Pay all real property taxes for 5 continuous years.

• A) Private Grant
• B) Public Grant
• C) Public Dedication
• D) Operation of Law or Court Action

by Grant Deed

from government to an individual through Patent

Real property intended for public use

• 1) Quiet Title Action
• 2) Foreclosure Action
• 3) Execution Sale
• 4) Escheat
• 7) Eminent Domain
• 8) Inverse Condemnation

to clear tax title, to remove a cloud on title.

Public Sale to foreclose a mortgage or trust deed

Forced sale by court action to satisfy a judgment

Reverting of property of a deceased person to the State (No heir or will)

-5 years waiting period

take land for public use upon payment of just compensation to the owner

-Condemnation; use of power

owner force public body to purchase property because public body caused damage

Document used to transfer title from Grantor to Grantee

• 1) Must be in Writing
• 2) Parties must be described
• 3) Grantor must be competent to convey
• 4) Grantee must be living
• 5) Signed by Grantor
• 6) Delivery and Acceptance

Must be the intention of Grantor.

• -Presumed delivered if
•      a) Deed is recorded during life of Grantor
•      b) Grantee has possession of document

• 1) Be acknowledged
• 2) Be recorded
• 3) Have competent Grantee
• 4) Be dated
• 5) Be signed by Grantee

Essential for Recording

• -Notary Public
• -Cannot be notorized by an interest party

Deeds are recorded to protect grantee's rights

-Constructive Notice

Complete record of all title transfers

First to Record, first in right

a person (Agent) that is authorized to perform business related transactions on behalf of their principal

two implied Warranties:

• a) Grantor has not already conveyed title to any other person
• b) Estate is free from encumbrances other than those disclosed by Grantor

Grantor relinquishes any right or claim in the property

-to clear some "Cloud on Title"