
California Real Estate Principles and License Preparation

"Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law." CC §6
... See moreJim Bainbridge • California Real Estate Principles and License Preparation
Legal distinctions between real and personal property
Jim Bainbridge • California Real Estate Principles and License Preparation
In California, both underground and surface waters are owned by the State, and a landowner may take only a "reasonable" amount of underground water for his or her beneficial use. What is "reasonable" in this context is determined on a case-by-case basis.
Jim Bainbridge • California Real Estate Principles and License Preparation
In general, a riparian landowner has the right to an amount of water in proportion to the amount of land that borders the water, but only after taking into consideration the rights and needs of others. Water law gives preference to domestic use of water over use for irrigation.
Jim Bainbridge • California Real Estate Principles and License Preparation
As a general rule, the distinction boils down to this: personal property is considered movable; real property, immovable.
Jim Bainbridge • California Real Estate Principles and License Preparation
The three broad categories of real property are: 1. Land; 2. Appurtenances; and 3. Things affixed to the land.
Jim Bainbridge • California Real Estate Principles and License Preparation
Littoral rights are the rights of a landowner to reasonable use of water from lakes, seas, or oceans (non-flowing water) adjacent to his or her property.
Jim Bainbridge • California Real Estate Principles and License Preparation
Personal property is usually transferred by a bill of sale.