California Real Estate Principles and License Preparation

Abbreviations Used in this Book* B&PC — California Business and Professions Code CC — California Civil Code CCP — California Code of Civil Procedure CR — Commissioner’s Regulations FC — California Family Code GOV — Government Code HSC — Health and Safety Code PC — California Probate Code

The three broad categories of real property are: 1. Land; 2. Appurtenances; and 3. Things affixed to the land.

"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

Legal distinctions between real and personal property

All other considerations being equal, it is generally held that a tenant who installs an item, such as a chandelier, intends to remove the item at the expiration of the lease. However, an owner who installs the same chandelier likely did so with the intention of improving the property, thus making this chandelier a fixture. Following similar reason

An appurtenance is an object, right, or interest that is incidental to the land and goes with or pertains to the land. "A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from across the land of anothe

Riparian rights are the rights of a landowner to the reasonable use of water that flows through or adjacent to his or her property.

Transfer of real property is completed by the delivery of a written deed.

The shortage of water in many areas of California makes water law an important topic. There are three main categories of water rights: 1. Underground water rights; 2. Riparian and littoral rights; and 3. Right of appropriation.