The Nature of Real Property PDF

The Nature of 1 Real Property Learning Objectives After completing this lesson, students should be able to… Define real property and distinguish it from personal property Explain the concept of an appurtenance to real property L...

The Nature of 1 Real Property Learning Objectives After completing this lesson, students should be able to… Define real property and distinguish it from personal property Explain the concept of an appurtenance to real property List the five main types of appurtenant rights Contrast the riparian and appropriative water rights systems Describe natural attachments and explain the circumstances under which they transfer with real property Discuss the tests used to determine whether an item is a fixture or personal property Summarize the special rules that apply to trade fixtures or mobile homes Compare the three major methods of land description and recognize examples of each Suggested Lesson Plan 1. Provide a brief overview of Chapter 1, “The Nature of Real Property,” and review the learning objectives for the chapter. 2. Give students Exercise 1.1 to generate interest in the topic and check their baseline un- derstanding of the issues. © 2021 Rockwell Publishing  Principles of California Real Estate Instructor Materials 3. Present lesson content: What is Real Property? – Real vs. personal property EXERCISE 1.2 Real property Appurtenances – Air rights – Water rights – Solid mineral rights – Oil and gas rights – Other rights EXERCISE 1.3 Air rights Attachments – Natural attachments – Fixtures – Fixture tests – Mobile homes EXERCISE 1.4 Fixtures Land Description – Metes and bounds method – Government survey method – Recorded map method – Other methods, elevations EXERCISE 1.5 Legal descriptions 4. End lesson with Chapter 1 Quiz. Chapter 1 Outline: The Nature of Real Property I. What is Real Property? A. Real vs. personal property 1. Real property (or realty) is land, anything affixed or attached to land, and anything incidental or appurtenant to the land 2. Personal property is usually movable, while real property is not 2  Chapter 1: Nature of Real Property B. Real property can be imagined as an inverted pyramid (including not only the land but the subsurface below and the airspace above) C. Real property also includes improvements (anything added to or built on the land) D. The bundle of rights (such as the rights to possess, use, enjoy, encumber, will, sell, or do nothing with the land) is also part of the real property EXERCISE 1.2 Real property II. Appurtenances A. Air rights 1. Air rights allow a landowner use of airspace above the land, although not in a way that interferes with normal air traffic B. Water rights 1. Riparian rights: the rights of a landowner to use the natural flow of a stream that flows through or is adjacent to his property 2. Appropriative rights: a system where a water user must apply to the state government for a permit, which does not require the user to own land beside the body of water 3. California’s water law combines appropriative rights with a limited form of riparian rights a. Stock in a water company is considered appurtenant to real property 4. Ground water: subsurface water, which may be subject to either appro- priative rights or overlying rights (similar to riparian rights) C. Solid mineral rights 1. A landowner owns all solid minerals under the surface of her property, although mineral rights may be sold separately from the rest of the prop- erty D. Oil and gas rights 1. Rule of capture: a landowner owns oil or gas pumped from wells on his land, even if it migrates from neighboring land 2. Oil and gas are fugitive substances (they aren’t stationary in their natural state) and aren’t considered property until they’re brought to the surface E. Other appurtenant rights 1. Lateral support is support from adjacent land 2. Subjacent support is support from underlying earth 3. Easements and restrictions create appurtenant rights EXERCISE 1.3 Air rights 3  Principles of California Real Estate Instructor Materials III. Attachments A. Natural attachments 1. Natural attachments are attached to the earth by roots 2. Natural attachments are part of the real property and will transfer in a sale of real property unless otherwise agreed 3. Doctrine of emblements: if tenancy ends through no fault of tenant farmer, he can return to harvest the first crop that matures B. Man-made attachments: fixtures 1. Fixtures start as personal property, but become real property when attached to the land by people (like houses and fences) 2. Personal property can be converted into real property through annexation 3. An attachment may be converted into personal property through severance C. Distinguishing fixtures from real property 1. There are five tests to determine whether an item is a fixture or personal property, which can be remembered with the acronym MARIA (method of attachment, adaptation of item, relationship of parties, intention of annexor, agreement in writing) 2. Written agreement: a written agreement trumps all other tests 3. Method of attachment: items permanently attached to land are considered fixtures 4. Adaptation of item: items designed or adapted specifically for use on a particular property are considered fixtures 5. Intention of annexor: if annexor intended item to become part of real property, it is considered a fixture 6. Relationship of parties: items installed by owners are generally considered fix- tures, while items installed by tenants are usually considered personal property (even trade fixtures, which are installed to conduct business) D. Mobile homes 1. Mobile (manufactured) homes are personal property until permanently attached to the land 2. Whether mobile homes are sold as real or personal property affects how they are taxed and what licensing rules govern their sale EXERCISE 1.4 Fixtures IV. Land Description A. In a transfer of real property, the legal description of the property being transferred must be clear and accurate 1. Three main methods of legal description: metes and bounds, government survey, and recorded map 4  Chapter 1: Nature of Real Property B. Metes and bounds method 1. Property is described in reference to monuments (natural objects or fixed survey markers), courses (compass readings), and distances (measures of length) 2. A description starts at a point of beginning, then describes each side of the prop- erty using courses and distances until returning to the point of beginning 3. In the event of discrepancies, monuments take precedence over courses and dis- tances C. Government survey method 1. Property (mostly in western states) is described according to a grid of lines estab- lished by federal government surveyors 2. Each grid is identified by a principal meridian (north/south) and a base line (east/ west) 3. At intervals of six miles, township lines run east/west, dividing the land into township tiers, and range lines run north/west, dividing the land into ranges 4. The 36 square miles of land at the intersection of a township tier and a range is a township 5. Each township is divided into 36 sections of one square mile each; they are num- bered 1-36 starting in the northeast corner of the township and snaking back and forth to the southeast corner 6. Government lots are partial sections that have an irregular shape because of the curvature of the earth or because of a body of water D. Recorded map method 1. Property (in urban and suburban areas) is described by mapping the boundaries of the lots and blocks of a subdivision on a recorded plat map E. Other methods of land description 1. Referencing an adequate property description that’s already in public record 2. Street address usually is NOT adequate legal description F. Elevations 1. Some legal descriptions (such as those of condominium units above the ground floor) are for air lots and must describe the property’s elevation above the ground 2. The property’s elevation is described according to a datum (an established plane of elevation) or a bench mark (a subsidiary reference point) EXERCISE 1.5 Legal descriptions 5  Principles of California Real Estate Instructor Materials Exercises EXERCISE 1.1 Preliminary discussion Discussion Prompt: Suppose you’re showing a buyer a home that’s for sale. She’s wondering which of the furnishings, fixtures, and equipment will come with the house. For example, consider the items listed below. What is the basic distinction that determines whether certain items are transferred along with a house? Wall-to-wall carpeting in living room, dining room, and family room Chandelier in front hall Mahogany chest in dining room Built-in bookcases in study Dishwasher (installed) Stove and refrigerator (free standing) Rose bushes planted in yard Gas barbecue on patio Analysis: The basic distinction that determines whether items are transferred along with a house is the distinction between real property and personal property. Everything associated with a house that is considered part of the real estate is legally classified as real property. Real property is included in a sale of the house and land, unless the seller and buyer agree that it won’t be. The seller’s personal property is not included in a sale of the house and land, unless the seller and buyer agree that it will be. The distinction between real property and personal property isn’t always easy to make, and that can lead to disputes between sellers and buyers. EXERCISE 1.2 Real property Read the following True/False questions aloud to students and have them jot their an- swers down on a piece of paper; discuss answers together. 1. Sometimes personal property is referred to as that which is immovable. 2. The rights and privileges associated with land ownership are considered part of the real property. 3. When property is sold, everything considered to be part of the real property is transferred to the buyer, unless otherwise agreed. 6  Chapter 1: Nature of Real Property 4. The rights in a landowner’s “bundle of rights” are absolute and cannot be re- stricted. 5. The only component of real property is the land. Answers: 1. FALSE. Real property, not personal property, is sometimes referred to as that which is immovable. Personal property is generally movable. 2. TRUE. Real property includes the land, the subsurface, the air above the land, and the rights and privileges associated with the land. 3. TRUE. Anything that is considered part of the real property is transferred to the buyer along with the land, unless otherwise agreed. 4. FALSE. An owner’s rights concerning possession and use of her land are subject to government regulation. 5. FALSE. The primary component of real property is the land, but it also includes everything attached or affixed to the land, and everything incidental or appurtenant to the land. EXERCISE 1.3 Air rights Discussion Prompt: Ask students to brainstorm some situations in which air rights are transferred separately from land. Analysis: Someone who purchases a condominium unit acquires ownership of the airspace occupied by the unit. Railroads have allowed developers to build on plat- forms above their tracks. Also, some cities allow the owner of an existing building to sell her right to develop the airspace over her building to developers who want to exceed height limits when they construct a new building on another downtown parcel. This arrangement allows historic buildings to remain profitable, and thus encourages their owners to preserve the buildings. EXERCISE 1.4 Fixtures Discussion Prompt: Ask the students to classify various objects in the classroom as either fixtures or personalty: chairs, doors, chalk/white boards, window blinds, carpet or tile, light fixtures, audiovisual equipment, clock, thermostat, etc. Discuss why the distinction between fixtures and personal property is important in a sale of real estate. 7  Principles of California Real Estate Instructor Materials Analysis: Anything that is attached to real estate is a fixture. So a video projector on a rolling stand is personalty, while a ceiling-mounted video projector is probably a fixture. Similarly, a battery-operated clock mounted on a picture hook is probably personalty, but a clock that is wired into the wall is a fixture. Generally, wall-to-wall carpet is considered a fixture, as are window blinds. Ownership of fixtures auto- matically transfers to the buyer in a sale of real estate, unless otherwise agreed. In contrast, title to items classified as personalty remains with the seller, unless the seller specifically transfers title to the buyer, typically using a bill of sale. EXERCISE 1.5 Legal descriptions Match the listed terms to the phrases below. Metes and bounds method Recorded map method Air lot Government survey method Section 1. Uses monuments, courses, and distances to specify a property’s boundaries. 2. Identifies a property by its location in a particular section, township, and range. 3. Describes property by reference to a subdivision plat. 4. A township is divided into 36 of these, each of which measures one square mile. 5. Property that has to be described in terms of its position relative to a datum. Answers: 1. METES AND BOUNDS. A metes and bounds description uses monuments (fixed points), courses (compass directions), and distances to describe a property. 2. GOVERNMENT SURVEY. A government survey description indicates the property’s location in a section, township, and range on a U.S. government survey grid. 3. RECORDED MAP. A recorded map description identifies a property by its lot and block numbers on a subdivision plat recorded in the county where the property is located. 4. SECTION. A section is one square mile. There are 36 sections in a township. 5. AIR LOT. The description of an air lot (such as a third-floor condominium unit) must indicate its position above the earth’s surface by reference to an established plane of elevation called a datum, or a subsidiary reference point called a bench mark. 8  Chapter 1: Nature of Real Property Chapter 1 Quiz 1. How many square miles are in one township? 6. Which of the following would be considered A. 1 real property? B. 6 A. Fixtures that a tenant intends to remove C. 36 B. A stud forming part of a wall D. 43,560 C. Shrubs that have not yet been planted D. Crops that have not been harvested but where a sale agreement has been reached 2. A non-riparian owner is given permission by the state to use water from a nearby lake. This right is known as: 7. Luisa owns two parcels of farm property. One A. takings is described as the “N 1/2 of the S 1/2 of the B. percolation E 1/2 of the W 1/2 of the NW 1/4 of Section C. the rule of capture 3,” while the other is the “E 1/2 of the NE 1/4 D. appropriation of the NE 1/4 of Section 4.” How many total acres does she own? A. 30 acres 3. Which one of the following items is real prop- B. 40 acres erty? C. 50 acres A. A bearing wall in a single-family home D. 80 acres B. Trade fixtures installed by a tenant, remov- able without damage C. A maturing grape crop to be harvested later 8. Mineral rights, unless there is an agreement under a sale contract otherwise: D. A refrigerator built in to a mobile home that A. are automatically transferred with the sale is not on a permanent foundation of real property B. are always kept by the original owner of the property 4. All of the following instruments may be used C. cannot be conveyed separately from the in a transfer of an interest in real property, surrounding real property except a: D. cannot be leased A. land contract B. mortgage C. bill of sale 9. Which of the following statements about water D. deed rights is true? A. Surface water includes flood water B. Surface water and flood water are synony- 5. Which of the following sources would be the mous least satisfactory for obtaining a legal descrip- C. Surface water and ground water are syn- tion of a parcel of real property? onymous A. Deeds D. Surface water and flood water are treated B. Preliminary title reports differently C. Escrow instructions D. Real property tax bills 9  Principles of California Real Estate Instructor Materials 10. Which of the following statements regarding 15. Which of the following is real property? fixtures is false? A. Land and buildings A. Fixtures which are installed after a mort- B. Natural, immovable objects gage becomes effective are subject to the C. An easement or right-of-way on an adjacent lien of the mortgage property B. Trade fixtures installed by a tenant may be D. All of the above removed by the tenant upon his departure C. A water heater installed in an apartment unit is a fixture D. A fence that has been permanently torn down and is now a pile of lumber is con- sidered real property 11. How many whole townships could fit into a parcel of land that is 28 miles square? A. 28 B. 22 C. 19 D. 16 12. Why is a legal description always recom- mended in a contract to purchase property? A. It is a requirement of federally-related lend- ers B. It will prevent confusion if the seller has other properties in the area C. It will help cooperating brokers locate the property D. It is necessary in order to be able to perform a title search 13. In its broadest sense, the definition of property refers to: A. things owned by buyers or sellers B. rights or interests one has in something that is owned C. realty owned or acquired by an individual D. only a freehold estate 14. Unless excepted from agreement, which of the following are implicitly included in a transfer of real property? A. A building constructed on land B. Mineral deposits underneath the land C. Riparian rights appurtenant to the land D. All of the above 10  Chapter 1: Nature of Real Property Answer Key 1. C. A township contains 36 square miles. 8. A. Mineral rights will automatically It contains 36 sections, each of which pass from the seller to the buyer of is one square mile. real property. Mineral rights can be conveyed or leased without the sur- 2. D. Under the prior appropriation system, rounding real property. an owner of landlocked property may receive the right to take water from a 9. D. A landowner may build dikes in order distant source for a particular benefi- to divert flood waters, but may divert cial use (usually irrigation). surface waters only by agreement. 3. A. A bearing wall is a permanent part of 10. D. Even though the fence was a manmade the real property. The other options are attachment, its removal constitutes a all personal property. severance and it has become personal property again. 4. C. A bill of sale is used to transfer an in- terest in personal property. The other 11. D. Remember that a township is six miles options all can be used in a convey- on each side. If a parcel is 28 miles long ance of real property. on each side, you could fit four town- ships along the length and the width of 5. D. A real property tax bill usually will the parcel. (The parcel isn’t big enough refer to the property by the tax asses- to fit five along each side.) Multiply sor’s parcel number, rather than a legal four by four to find that 16 townships fit description of the property. in the parcel. 6. B. Since a stud is part of a house’s frame, 12. B. A legal description is particularly it is a permanent part of the real es- important if a seller owns multiple tate. The other options are all personal properties, in order to avoid any con- property. fusion as to which property is to be conveyed. 7. A. Start by determining the size of the first parcel. 640 acres divided by 4 13. B. Property is not limited to tangible is 160 acres. 160 acres divided by 2 things. It can also include appurtenanc- is 80 acres. 80 acres divided by 2 is es, which are intangible rights, such as 40 acres. 40 acres divided by 2 is 20 the right to extract minerals. acres. And 20 acres divided by 2 is 10 acres. Now, find the area of the second parcel. 640 acres divided by 4 is 160 acres. 160 acres divided by 4 is 40 acres. And 40 acres divided by 2 is 20 acres. Add 10 acres to 20 acres for a total area of 30 acres. 11  Principles of California Real Estate Instructor Materials 14. D. A building attached to the land is con- sidered a fixture, and therefore is a part of the real property that passes to a buyer in a transaction. If the parties specifically exclude a fixture, it can be excepted from the sale. 15. D. Real property includes not just land and buildings, but also natural attach- ments and any appurtenant rights, which include easements. 12  Chapter 1: Nature of Real Property PowerPoint Thumbnails Use the following thumbnails of our PowerPoint presentation to make your lecture notes. Principles of California Real Estate Lesson 1: The Nature of Real Property © 2021 Rockwell Publishing 1 Real vs. Personal Property Two types of property: ⚫ Real property: Land and everything attached to it. ⚫ Personal property: Anything not real property (usually movable). © 2021 Rockwell Publishing 2 Real Property Bundle of rights Real property A bundle of ownership = property rights Rights, privileges, and interests associated with land ownership (such as right to possess or sell) are also considered part of real property. © 2021 Rockwell Publishing 3 13  Principles of California Real Estate Instructor Materials Real Property Appurtenances Appurtenance: A right or interest that goes with ownership of land, including air rights, water rights, mineral rights, and support rights. © 2021 Rockwell Publishing 4 Appurtenances Types of appurtenances: ⚫ air rights ⚫ water rights ⚫ mineral rights ⚫ support rights © 2021 Rockwell Publishing 5 Appurtenances Air rights Air rights: Landowner has right to use airspace above property, within limitations imposed by law. Air rights can be sold separately from the land. © 2021 Rockwell Publishing 6 14  Chapter 1: Nature of Real Property Appurtenances Water rights Two systems for allocating water rights: ⚫ Riparian rights system ⚫ Appropriative rights system Either system can be applied to surface or subsurface water. Either system can be applied to surface water and to subsurface water. © 2021 Rockwell Publishing 7 Water Rights Riparian rights system Riparian rights: Landowner has right to reasonable use of water that flows through or is adjacent to property. © 2021 Rockwell Publishing 8 Water Rights Riparian rights system Two types of water in riparian rights system: ⚫ Riparian water = flowing water (river/stream) ⚫ Littoral water = standing water (lake/ocean) Water may be used only on riparian or littoral property. © 2021 Rockwell Publishing 9 15  Principles of California Real Estate Instructor Materials Water Rights Appropriative rights system In California, appropriative rights largely replaced riparian rights system. ⚫ Rights obtained through permit process. ⚫ Permit holder can use water for specific purpose such as irrigation. © 2021 Rockwell Publishing 10 Water Rights Ground water Ground water is located in underground aquifers. ⚫ Overlying rights: Landowners have right to ground water in aquifer beneath their property. ⚫ Water table: Natural level at which water can be found underground. © 2021 Rockwell Publishing 11 Water Rights Mutual water company stock Mutual water company: Companies created to secure water supply at reasonable rates for users in particular areas. ⚫ Stock in these companies is an appurtenant right that runs with land. © 2021 Rockwell Publishing 12 16  Chapter 1: Nature of Real Property Mineral Rights Mineral rights: Landowner has right to extract solid minerals located within property’s inverted pyramid. Minerals are: ⚫ real property when in the ground ⚫ personal property once extracted The right to extract minerals may be sold separately from land. © 2021 Rockwell Publishing 13 Mineral Rights Oil and gas Oil and gas: Rule of capture applies. ⚫ Considered fugitive substance. © 2021 Rockwell Publishing 14 Support Rights Support rights: Natural support provided to land by surrounding land. ⚫ Subjacent support: Support provided by underlying earth. ⚫ Lateral support: Support provided by adjacent land. © 2021 Rockwell Publishing 15 17  Principles of California Real Estate Instructor Materials Summary Appurtenances Appurtenances Appropriative rights Air rights Mineral rights Water rights Rule of capture Riparian rights Support rights © 2021 Rockwell Publishing 16 Attachments Attachments: Things that are permanently attached to the land. ⚫ May be natural or man-made. ⚫ Usually considered part of the real estate. © 2021 Rockwell Publishing 17 Attachments Natural attachments Natural attachments: Includes trees, bushes, crops and other growing things that are attached to the land by roots. ⚫ Transfer with land unless otherwise agreed. © 2021 Rockwell Publishing 18 18  Chapter 1: Nature of Real Property Natural Attachments Personal property When crops or timber are harvested, or sold prior to harvest, they are “severed” from land and considered personal property. © 2021 Rockwell Publishing 19 Natural Attachments Real property When land with crops is sold, ownership of the crops usually passes to buyer of land, unless otherwise agreed. © 2021 Rockwell Publishing 20 Natural Attachments Special rule Doctrine of emblements: The first crop planted by tenant farmer are classified as personal property, even before it is harvested, if tenancy ends before harvest through no fault of the farmer. © 2021 Rockwell Publishing 21 19  Principles of California Real Estate Instructor Materials Man-made Attachments Fixtures Fixtures: Man-made attachments to real property. © 2021 Rockwell Publishing 22 Man-made Attachments Fixtures Fixtures were once personal property, but are now attached to real property in a way that makes them part of real property. ⚫ Houses, fences, patios, and other man- made improvements are fixtures. © 2021 Rockwell Publishing 23 Attachments Fixtures vs. personal property Five common tests: ⚫ Method of attachment ⚫ Adaptation of the item ⚫ Relationship of the parties ⚫ Intention of the parties ⚫ Agreement in writing (MARIA) © 2021 Rockwell Publishing 24 20  Chapter 1: Nature of Real Property Attachments Fixtures vs. personal property Test 1: Agreement in writing ⚫ If written agreement exists, it usually determines whether item is fixture or personal property. ⚫ If no written agreement, other tests apply. © 2021 Rockwell Publishing 25 Attachments Fixtures vs. personal property Test 2: Method of Attachment ⚫ Is item permanently attached? ⚫ Is the item movable? © 2021 Rockwell Publishing 26 Attachments Fixtures vs. personal property Test 3: Adaptation Test ⚫ Has item been specially adapted to realty in some way, or specially designed for it? © 2021 Rockwell Publishing 27 21  Principles of California Real Estate Instructor Materials Attachments Fixtures vs. personal property Test 4: Intention Test ⚫ Did person who installed item intend for it to become part of realty? ⚫ Each of the other tests is considered in reaching this decision. © 2021 Rockwell Publishing 28 Attachments Fixtures vs. personal property Test 5: Relationship Test ⚫ Who installed item? ⚫ If tenant installed, typically considered personal property. ⚫ If owner installed, typically considered real property (fixture). © 2021 Rockwell Publishing 29 Attachments Trade fixtures Trade fixtures: Equipment and other items that commercial tenant installs to conduct business. ⚫ Trade fixtures can be removed by tenant at end of tenancy, if property is restored to its original condition. © 2021 Rockwell Publishing 30 22  Chapter 1: Nature of Real Property Attachments Mobile homes Mobile home is personal property until it’s attached to permanent foundation and legal steps are taken to have it certified as real property. © 2021 Rockwell Publishing 31 Attachments Mobile homes A licensee may list and sell unattached mobile home only if it’s registered with Department of Housing and Community Development. ⚫ Sale of registered mobile home must be reported to Department within 10 days. © 2021 Rockwell Publishing 32 Personal Property Bill of sale Bill of sale: A document that conveys title to personal property. It must: ⚫ be in writing ⚫ identify the parties ⚫ be signed by the parties © 2021 Rockwell Publishing 33 23  Principles of California Real Estate Instructor Materials Summary Attachments Natural attachments Doctrine of emblements Man-made attachments Fixtures Fixture tests Bill of sale © 2021 Rockwell Publishing 34 Land Description Legal description: Precise description used to identify specific piece of real property. Three main methods of legal description: ⚫ metes and bounds ⚫ government survey ⚫ recorded map © 2021 Rockwell Publishing 35 Methods of Legal Description Metes and bounds Metes and bounds: Describes property by specifying its boundaries. ⚫ Monuments: Natural or man-made objects that mark a fixed point. ⚫ Courses: Compass directions. ⚫ Distances: Length of each boundary. © 2021 Rockwell Publishing 36 24  Chapter 1: Nature of Real Property Methods of Legal Description Metes and bounds Point of beginning must always be described by reference to monument. © 2021 Rockwell Publishing 37 Methods of Legal Description Government survey Government survey: Property is identified by reference to series of grids. ⚫ Also called rectangular survey description. © 2021 Rockwell Publishing 38 Government Survey Descriptions Principal meridian & base line Each grid has its own: ⚫ Principal meridian (main north-south line) ⚫ Base line (main east-west line) © 2021 Rockwell Publishing 39 25  Principles of California Real Estate Instructor Materials Government Survey Descriptions Range & township lines Each grid has grid lines running parallel to principal meridian and to base line at intervals of six miles. © 2021 Rockwell Publishing 40 Government Survey Descriptions Range & township lines The north-south lines are called range lines. ⚫ Range lines divide land into columns called ranges. ⚫ Each range is six miles wide. © 2021 Rockwell Publishing 41 Government Survey Descriptions Range & township lines The east-west lines that parallel the base line are called township lines. ⚫ Township lines divide land into rows called township tiers. © 2021 Rockwell Publishing 42 26  Chapter 1: Nature of Real Property Government Survey Descriptions Townships Each individual square is called a township. ⚫ Township is identified by its relationship to base line and principal meridian. 6 miles Township = × 6 miles 36 square miles © 2021 Rockwell Publishing 43 Government Survey Descriptions Sections Each township is divided into 36 sections. ⚫ Each section is one mile on each side (one square mile). ⚫ Each section is 640 acres. (An acre contains 43,560 square feet. One acre that is square will be 208 feet on each side.) ⚫ There are 5,280 feet in a mile. © 2021 Rockwell Publishing 44 Government Survey Descriptions Sections Sections within township are numbered from 1 to 36. Most parcels of land are only part of a section, so they are described in terms of fractions of a section. © 2021 Rockwell Publishing 45 27  Principles of California Real Estate Instructor Materials Government Survey Descriptions Sections A government survey description must include the section, township, and range. ⚫ Must also include name of principal meridian. © 2021 Rockwell Publishing 46 Methods of Legal Description Recorded map Recorded map: Standard method for describing property in towns and cities. ⚫ Map is recorded by developer when land is subdivided. ⚫ Also called the lot and block method or the plat map method. © 2021 Rockwell Publishing 47 Methods of Legal Description Recorded map Subdivision is surveyed and map is created that shows precise location and dimensions of each lot. ⚫ Each lot assigned lot number. ⚫ Groups of lots separated by streets within the subdivision may also be assigned block numbers. © 2021 Rockwell Publishing 48 28  Chapter 1: Nature of Real Property Recorded Map Descriptions Plat map Plat: Map showing lots and blocks in a subdivision. Once plat map recorded, parcel can be described by its lot and block numbers, name of subdivision, and county or city in which it is located. © 2021 Rockwell Publishing 49 Methods of Legal Description Other methods Other methods of land description can be used if the property is adequately identified. ⚫ Reference to earlier recorded document or survey is adequate. ⚫ General description may be adequate. ⚫ Street addresses and tax numbers are usually not adequate. © 2021 Rockwell Publishing 50 Summary Land Descriptions Legal description Metes and bounds method Government survey method Recorded map method © 2021 Rockwell Publishing 51 29