1. California Real Estate Principles, 10.1 Edition
Chapter 6
Part I: Legal Descriptions,
Methods of Acquiring
Title, and Deeds

2. Chapter 6 – Student Learning Outcomes
List three legal ways to describe and locate land
Outline five legal ways to acquire title to real estate
Describe the difference between a grant and quitclaim deed
Explain the California Recording System
List the most common ways owners hold to real estate

3. WHERE IS THE STATE OF CALIFORNIA?
Between Longitude 114 degrees west and
125 degrees west and Latitude 32 degrees north and
42 degrees north in the United States of America
in the North American Continent,
which is in the northern hemisphere
of the planet Earth,
which is in the Milky Way,
which is in the Galaxy.

4. Methods of Land Description
Lot, Block and Tract
Metes and Bounds
U.S. Government Survey
- Sections
- Townships

5. Lot, Block and Tract System Recorded map = legal description
View Grand Estates, Tract No. 2025, filed May 17, 2000, Map Book No. 23, Page 13, official records of the Sacramento County Recorder’s Office, Sacramento County, California
The legal description of Lot 3 is: Lot 3, Block B, View Grande Estates, Tract No. 2025, filed May 17, 2000, in Map Book No. 23, Page 13, in the official records of the Sacramento County Recorder’s Office, Sacramento County, California
50’
150’ 1 2 8 9 3 10 4 5 11 6 7 12 A B C

6. Metes and Bounds Metes = measurements Bounds = boundaries
POB = point of beginning
POB is also the place it ends
Primarily used
with irregularly shaped parcels
in rural areas

7. Metes and Bounds Description
Beginning at a point on the southerly line of O street, 200 ft. westerly of the southwest corner of the intersection of O and 8th streets; running hence due south 300 feet to the northerly line of P street; hence westerly along the northerly line of P street, 100 feet; hence northerly and parallel to the first course, 300 feet, to the southerly line of O street; hence easterly along the southerly line of O street, 100 feet, to the point or place of beginning.

8. Base (parallel) and Meridian (longitude) lines

9. U. S. Government Survey

10. California Base and Meridian

11. U.S. Government Survey System (Sections in a Township)

12. U.S Government Survey System (Acres in a section)

13. Review: Tract = 24 x 24 mi = 16 townships
Township = 6 miles by 6 miles
Township = 36 square miles
Township = 36 sections
Section = 1 mi x 1 mi = 640 acres
Acre = 43,560 square feet

14. Assessor’s Map APN LEGAL Assessor’s Map Book 34 Page 18
Assessor Parcel Numbers shown in circles
Lots 50 through 57 of Tract 2118, filed in Recorded Maps, Book 63, page 39
The tax assessor assigns every parcel of land in the county its own parcel number. For example, the westernmost parcel (Lot 50) in the map would carry the number , meaning Book 34, Page 18, Parcel 8.
LEGAL

15. 5 Ways to Acquire Real Property
1. By will Testate
2. By succession In testate
By accession
By occupancy
5. By transfer

16. Title by Succession: Types of Wills
Witnessed Will = formal
Witnesses = 2 required
Usually written by an attorney
Codicil = later alterations to the original will
Holographic Will = handwritten, dated, signed (Witness NOT required)
Statutory Will = preprinted form, names administrator, requires 2 witnesses

17. Title by Succession Terms
Testator/trix = person making the will.
Testate = decedent died with a will.
Intestate = decedent died with NO will.
Executor/trix = named in the will.
Intestate succession = transfer of property by the law of succession.
Law of succession = court distribution of decedent’s property
Administrator/trix = named by the court.

18. Title by Succession Terms
Devisor = Real Property = Devise = Devisee
Legator = Personal Property = Bequeath = Legatee
Bequest = to leave personal property
Legacy = to leave money
Codicil = later alteration to a will

19. Probate Sale in California Superior Court
Court approves: (1) the last will and testament, (2) executor/trix, (3) broker
Initial offer must be at least 90% of the appraised value. The probate court is petitioned to confirm the sale.
Overbids = 10% of 1st $10,000
+ 5% above $10,000
When there are no heirs, the property transfers to the state by escheat.
Independent Administration of Estates Act

20. Intestate Succession Separate Property
Surviving Spouse and no children
½ Spouse ½ Parents
Surviving Spouse or registered domestic partner One Child
½ Spouse ½ Child
Surviving spouse or registered domestic partner Two or More Children
1/3 Spouse /3 Children
No spouse or registered domestic partner Children
Equal shares to all children

21. All to Surviving Spouse – Children get nothing
Community Property
All to Surviving Spouse – Children get nothing

22. Title by Accession: Property added to property
1. By WATER Action
Accretion – Gradual addition
Reliction – Uncovered land by receding water
Avulsion – Sudden tearing away
2. By addition
a. tenant abandoned FIXTURE
b. improvements made in error

23. Title by Occupancy Abandonment Adverse Possession
One person gains ownership of another’s real property by occupying the parcel of land

24. Adverse Possession Open and notorious use
Hostile to the owner’s wishes (without permission of owner)
Claim of right or color of title
Continuous use for 5 years
Payment of property taxes paid for 5 consecutive years
NOTE: Cannot obtain on government land.

25. Title by Transfer Private grant (deed) Public grant (patent)
Gift (no compensation)
Public dedication (give land to government
Court action (foreclosure, escheat, eminent domain)

26. Valid Deed In writing Describe parties Competent grantor
Capable grantee
Property described
6. Granting clause
7. Signed by grantor(s)
8.Words of Conveyance
9. Grantor acknowledges the content of the document
10. Delivery to grantee
11. Acceptance by grantee

27. Ownership Deeds
GRANT DEED – Implied warranties: (1) property not previously conveyed (2) free of undisclosed encumbrances. Contains after-acquired title
QUITCLAIM DEED – No warranties. Used to remove a cloud on title. Gives all that you have.
WARRANTY DEED–Express warranties made, rarely used in California because of grantor liability. It is replaced by title insurance and grant deed
GIFT DEED – The consideration is the love and affection

28. Other Deeds TAX DEED – Tax collector conveys tax sale property
SHERIFF’S DEED – Conveys court foreclosure property for judgment sale.
TRUST DEED – Conveys trustee bare, legal title. Property is the collateral/security for the loan/note.
TRUSTEE’S DEED – Trustee conveys title to buyer at trustee sale in a foreclosure proceedings.
RECONVEYANCE DEED – Transfers back to the trustor the bare, legal title to remove the security interest when the loan is paid off.

29. Recordation lst 2nd 3rd The first to record is the first in right
Knowledge of vested interest
Party didn’t record, but took possession
Recorded deed gives constructive notice
Unrecorded deed is valid.
The ORDER is by the TIME and DATE of recordation of the document establishes priority
lst 2nd 3rd
Except: (a) knowledge of unrecorded instrument
(b) prior possession of the premises

30. Acknowledged County Recorder won’t record document unless notarized
Notary Public acknowledges the signature = verifies the party signed in notary’s presence and person known to the notary
Grantor acknowledges the contents of the document that the form is complete, accurate and ready for recordation