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348 The Realty Blue Ilook of Califoynia

Dictionary ol Rc.alFlstateTerms

E./.\cl. o)t tfu CieiL Cr'tLcol Califotniu (C. C.) e1d. ttlc
Cod.eof Ci.t:iIProreturle Califoi.nin (C- C. P.) tLlLdthe Prcifi?
I^tt: Eltc!(lnpelirL (P. L. Enc.)

ABATEN{IINT (of a nLrisnncc)-The ferlovat, pr.ostr.aUonol destr.uc


tjon o{ that \rhich causes a nuisance. Catifor.nia Red Light Abate-
ment Act-Every building or place used {or thc pur.poscof lcr!dness,
assignation or prostitution is a nuisaDce$.hich shall be abated. The
act provides for the seizure ol furnitule found on th€ pr.emisesand
closjngof the building for one year.
ABEYANCE The condition of a lreehold \Lh€rc th€re is no person
i r b " n g i ' w h o r 1 : rl p : s v . s - , d
ABIIT To leach, to touch.
ABUTTALS-Thc abutting ol' boundal'ics of lands, sho\\'ins to r.hat
other iands, highw:rys or.places they belong of are abuttnlg. {P. 1,.
Enc.)
ABSTRACT OF TITLE A brief account of all the deeds upon \rhich
the title rests.
ACCESS Approad, or the neans or porl'el ol appfoachjng.
ACORETION-The incre.rseof real €state by the addjtior oj portions
of soil. by gradual deposition through the opention oI natural eauses.
AOCRUE-To grolr; to be added to.
ACI{NOWLEDGI'MNT-A certificatc of the Droper ofiicel that the
maker oI a vritten irNtrumcDt has appeared before him irnd declared
it to be his willful act ar)d deed. Most irstrunrenls must be acknorl-
edged before they can be recolded.
ACIRE A quantitr of land coDt.linins 160 square rods; irL rvhatever
shape.
ACT (oi God) Arr rccident $hich aris€s from a cause\.hich operat€s
without intederence or aid frcm man. (Legislative) the complete
declared will of the legislature, duly signed bv the executive
lb_-r-rnally
officer of the state.
ADJACENT Near.
ADMINISTRATION (o{ estates) The managenent of the estate of
an intestate, or of a testator 1vho has no ex€cutor.
The Real,taBtrueBook al Cali.fomio, 349

ADMINISTRATOR (ftix, fem.)-A person named by the court io


take charg€ of the goods and estate of one dying without a will.
AIVERSE POSSESSION-The enjoyment of land under such cir-
cumstatrc$ as indicate that such enjoyment has been commencedand
coniinued uncler an assertion or color of right on the part of the
po$essor.(Twenty years g:lvestitle againstthe true owner.)
AFFIDAVIT A statement reducedto writing and swom to before
someofficer who has authodty to administeran oath.
AGENCY-A relation betweentwo or more parties by which one
pady is authorized to do certaiD acts for, or in relation to the righta
of prolerty of the other.
AG!NII-One who represerts, acts for, oi in belalf of another, wlo
is caled his "principal."
AGENT'S AGREEMENT TO SELL REAI ESTATE-For compensa-
tion or commissionmust b€ in wdting (Sec.1624 C. C.)
AGREEMENT FOR,LEASING-For longerperiod than one year, or
for tlle sale of real propelty, or of an interest therein, must b€ in
$,aitingand subscribedbythepartyto bd charged. (C.C.Sec. 1624).
AGREEMENT OF SALE-(See contract).
AGREEMENT TO SELL REAL PROPERTY-BindS the seller to
execute a coDveyancein form sufficient to pass title to the property.
(C. C. Sec.1731).
AIIEN LAND LAW--{al. Sta. 1g21-Pr.ohibits owning or leasing
of landsby certain classesof aliens. (Individualscannotenforceart-
Power rests in state alone.)
ALIENATION (o{ estates)-The transier of property from one per-
son to another.
AITERATION-A change in the terms of a contract made by the
agr.eement of the parties thereto.
AMORTIZATION-The clearing off or othenrise extinguishing a
debt, usually by a sinling fund.
ANCILLA-RY-Auxiliary; usedof deedstaken out in the place$rhere
the property is situat€d,which is subordinateto the placeof principal
administration-
ANNEXATION-The union of one thing to another.
APARTMENT-Dwelling (denoting entire building, while "flat''
meansonly the separateresidentialpor"tionsinsidethe building.)
APPENDANT-Annexed or belongingto somethingsupedor.
APPRAISER-One eehois ramed by an individual or appointed by
law to estimate valu€s.
APPRAISED VALUD-The value set upon a property by an
appraiser.
350 The Realt! Blue Book of Catifonn

APPURTENANCES-ThingSby righl Ised wiih lhe land for its


OeneDt, as,rn,lhecrsPol a $a). or walerroursp. or passage fof light
or air. (C. C. Sec-662).
APPIJI TENANT-Pertaining or belongingto.
AREA-AD openspaceadjoining to a hous€.
ARI D-Exhaustedof moi.ture.
ARID LANDS-Lands where rainfalt is insufficient for asricultural
purposes,ard irrigation therefore is necessary.
A^SSESSMENT-Dete-r-rn;ning thF valupof a prope y for thc purTosp
oI rpvylnga trx, A torm oI la),esleviedon specificreal Drooertvto
takpcareof strcel,qewpr,sidA$alkand othcrlocal improvem.nrs'.
ASSETS .Everyfhingof an) suppospd value,su.h as pfoperty,Ieal
estate, cash, debts receivable.etc
ASSIGN-To transfer in lvriting any righi or iDterest.
ATTACHMENT-A writ issuedar rbe instituiionor drrine rhe Dro
gressol cummrndingLhe.ourr o{IicFrto a,rach-rh"piop*
.an-action.
eny ot thtsdplFndanlto satisfythe dcmands of rh" nta:Iti"f.
ATTORNEY IN FACT-One who acts under authority conferredby
a power of attorney.
AUCTION-A public sale of property to the highest bidder.
AVATTABLE ASSETS-hoperty which can be hral for srle or us-,
ano wnrchrs not alreadygiven lbr
"ecurilvol rI indFbreduess_
BARGATNAND SALE-A contracrby jhe ownerof tand,t^r I run_
srdelrLroltto spll 1()cnothef.whereupona usc arisenil iavot.ol the

BENEFIaIAL INTEREST-profil, benefiror advantaseresulrinc


lrom contrrcLsor orvnersh:p
ol rn aqtaieas diqringuishe-d
lrom l.gr'i

BETTEBMENTS-hnprovements madeto an estate.


BILL OF SALE-A x'ritten agreementtransferdng ti e to personal
property.
BLANKET MORTGAGE-A modgagc covpringseveratproparljFs
and given to securea sjngledebt.
BONA FIDE-cood faith; honesty.
.tsOND-An obligationin writing under seal.
BOND, BROKERS-Sea Sec.9A, State neat Estate Dept. Act.
BOND ON APPEAI-See Sec.12, State R€at Estate Dept. Act.
BOND FOR A DEED-An instrument which the seller of lanclsives
to the purchaser,and which binds the former to convey re-tide
upon receipt of the price agaeedupon.
BONDSMAN-A surety on a bond.
The Real,tuBha Book al California 351

BONUS-Somethins given in addition to what is ordinsrily received.


BOOM-A strong,rapid expandingmovement.
BOUNDARY-Any separation,natural or artificial, which marks the
confinesor line of two contiguousestates.
BREACH OF COVENANT-A violation of or failure to Derform the
conditionsof a bond or covenani,
BROKER-One who is engagedfor oth€rs in the negotiationof con-
tracts relative to property, with custodyof which they have no con-

tsUILDING-An edifrce,erectedby art and fixed upon the soil, com-


posedof stone.brick, wood,etc.,connectedtogether and designedfor
usein the position in which it is so fixed.
BUSINESS SECTION-ThaI part ol a commuDitywhich is mainly
and chiefly devotedto busi4esspurposesor usesand in which stores,
factories,offices,shopsand the like predominate.
BY-LAWS-Rules and ordinancesmade by an organizationfor its
own government.
OAUSE OF ACTION-Matter for which an action may be brouglt.
CAVEAT EMPTOR-(LeI the purchasertale care) In every saleof
real propedy a purchaser'sright to relief on accountof defectsor in-
cunbrancesdep€ndssolelyupon the covenantsfor title which he has
receiv€d
CERTIFICATE OF DEPOSIT-A written acknowledgm€nt given by
a bank that it has receivedfrom the Dersonnamed a stated sum of
monei. (The courts of Califomia declarea certificate of depositto
be :L negotjableinstrument and in efrect the same as a promissory
note.)
CERTIFICATE OF TITLE-An instrument which purports to guar-
antee that the records in the office of the recordel of a given county
sho$' the title to the propertt' describedto be as set out in such
instrument.
CERTIFIED CHECX-A check acrosswlich some competentbank
officer-has written, over his sigrature, satisfactoryevidencethat the
drawer has sufficient funds on depositfor payment when presented.
OESTUI QUE TRUST-He who hes a right to and beneficial inter-
est in an estatethe legal titl€ to which is vestedin another.
CESTUI QUE USE-He for whose benefit land is held bv enoth€r

CHARTER-A governmert or state grant of certain powers and


privilegesto a companyat the time of its jnco4rration.
CHATTEL MORTGAGE-A motgage on chattels.
352 TILq ReaItA Bl e Book of C&Lifornia

CHA'mF,TrS-Movablegoodsoi alt kinds; tivestock,househotal furni-


ture, and Dropedyother-than r.eal.
CHOSE IN ACTION-A ght to receiveor recover.but one rvhich
cannot be enforcedwithout legal actiox.
CLAIM-The possession of a setUei upon public lands of the U. S.;
the lands which such possessorholds posseisioDof (p. L. Enc.)
CLEAR-To free from encumbrance.
CLOSED MORTGAGE-A mofigage under which no more indebted-
nesscan be tncurred.
CODICIL-Some rddiiior ro or qualificalj^nof a tast $.i t and
teslamentr-
COLLATERAI-ThaI rvhich is addedto or beyonda thing; security
lbr the periormanceof agreementsor the payment of mo;ey.
COLLATERAL LOAN-A promisc Lo pay on dpmand or within a
year ot lesctime,on whichIhe mckprhrs deposited securitips
whir.h,
in casethe not€ is not paid,inay be soldto saiisty the debt.
COLONIZE-To gather, settle or establishil1 a compactsetflement.
COMMEIICIAL PAPER-A generalterm usedto covermany kinatsof
notes,acceptanc€s, bills of exchanae.etc.
COMMISSION-A sum allowed (usually a certain percentageupon _for
the value of the property involved) as compensatiolto an alent
servicesperforaled.
COMMUNITY PROPERTY-All properry.rFat ard pcrsonaj,ac-
quiredby eilher husbandor wile subsequpnl to marrirge,olher rhan
by gift, deviseor descent.
COMPROMISE-An agreementreaehedas a settlement of matters
ln orspu@,
CONDEMNATION-The process by which properly of a private
party is taken for public usewithout his consent,but upod the a.ward
and pa)'ment of just compensstion,a forced sale.
CONDITION SUBSEQUENT-A gr.ant upon the condition that if
ceataiDthings are doneor not done the gr.antorhas a reversionand
may enforcea fol feijurp.(SeeCo\enanrt.
CONFISCATE-To appropriateto the use of the state.
CONSIDERATION-The material causewhich movesa contlactine
party to enler inro lhp contracl.
CONSOLIDATED MORTGAGE BOND-One that is securedbv a
mortgageon the prtirp propeftyformedby a consolidation
ol spv;ral
smaller proper.ties.
CONTINGENTESTATE OnedFpendingfor its effect uponan event
wnrcn may or may not happen.
The Redltu Bl,ueBoolcaI Cq,Iifornia 353

CONTRACT (real estate)-An agr.eement between two or more


parties, to buy, sell or lease,an estatein real property . Contracts
relating to land require (1) parties capableof contracting; (2) their
consent;(3) a lawful object; (4) sumcientconsideration.(85 Cal. 11)
CONTRACT, INSTALLMENT-A contract providing for the pay-
ment of the purclase price in specifieclparts at certain times; and
providing that if default is made in any of such payments, the con-
tmct may be for{eited.
CONfiGUOU1S-In actual contact, touching, also, near though not
in contact,neighboring,adjoining.
CONVEYANCE-Any $ritten instlum€nt by which any estate or
interest in real pmperty is created, encumberecl,or disposedof, or by
vhich the title to any real property may be afiected, except by will.
(C. C. Sec.1215).
CORPOREAL HEREDITAMENTS-Substantial permanent objects
which may be inherited; land.
COUNTY-One oI the civil divisions of the state for iudicial and
political purposes.
COVENANT-An ageement to do or not to do a certein thing.
COVENANTS PERSONAL-Enforcible only as betweenthe parties
and not as to the land.
COVENAN?S REAL (Sec. 1462 C. C.)-Every covenantmade for
the direct beneft of the property or some part of it then in existence,
runs with the lsnd.
CUSTOM-Such a usage as by common consent and unifonn practice
has becomethe law of the place.
DEED-A document in writing transfening the title of real property
from one to another; requisites: (1) must be in wdting; (2) signed
by the grantor; (if corporationsealmust be affixed); (3) witne$ed;
(4) acknowledged;(5) delivered; (6) accepted,
DEED, (GRANT)-The ordinary form in Califomia; implying the
usual covenants of wafranty.
DEED (QUIT CLAIM) A deedby which one merely transfer€ his
own dghts and interest, whatever thdy may be, and if the iitle is
impedect the one accepting the deed can recover nothing.
DEED (TAX)-The conveyancegiven upon the sale of lands for the
non-payment of taxes; the deed whereby the officer of the law unaler-
takes to convey the title of the propdetor tD the purchaser at the tax
sale.
'DEED
(WARRANTY)-One guaranteeingthe propedy conveyedto
be free from any defectsof title. (Sameas "Crant Deed.").
DE FACTO-Actually; in fact.
354 The Realtu BLueBook ol CaUfornir,

DEFAULT-The non-perfor-mance oI a duty contractual or other-


wise.
DEFERRED PAYMENTS-(See Installments).
DE JURE Lav,!'fullyor by legal tiUe.
DELIVERY-The transfer of a deedin such a manner as to depdve
the gr-antor of the fight to recall it at his option. Transfer may be
actual o! constructive. (C. C. Sec.3266).
DEPONENT-ODe who gives infomation, on oeth, respectingsome
facts known to him, belore a qualifiedofrcer.
DEPRECIATION-A falling of vatue; a rcduction or toss in ex,
changevalue especiallywith r-eferenceto the face value.
DESCENT-Hereditary succession.
DESERT CLAIMS-Claims to land designatedby U. S. Land Office
as "desert lands."
DESERT LANDS-Public lands that are irrigable, surveyed,un-
re6er\pd.unapproprigtpd, non-minpral, non-limbered and Iandsassuch
thal will not wirhoul arlificial irrigalion produceany reasonably
remunerativeagricultural crop by usual means or method of culti-

DEVISE-A gift of real property by a person'slast will and testa-


ment.
DOWER-The interest which a wife or husbandhas in the other.'s
real property, which upon the death of either becomesan estate for
life of the sur/iv_orin one-thir-dof the property with .$'hichthe pad].
oyrng was sezeo.
DURESS-Personal restraint or intimidation.
DWELLING-A permanentstructure inhabitedas an abod€.
EARNEST MoDeypaid by the buyer to the sellerto bind the trade.
EASEMENT-A right of the owner of one parcel of land by reason
of suchownershipto usethe land of anotherfor a specialpuryosenot
inconsistentwith the gener.alpropert]' right of the owner.
EJECTMENT A folm of action to r.egainpossessionof real prop-

EI{BLEMENTS-The right oJ a tenant to take and carry away after


his tenancy is ended,such annual products of the land as have re-
sulted from his olvD care and labor.
EMINENT DOI'IAIN-The power to take priyate prcperty for public

ENCUMBRANCE-Any light or interest in land which subsistsin a


third personto the diminution of the value of the estateof the tenant
but consistentlywith the passageof the fee. Encumbr.ances include
not only liens and tax assessments, but dghts o{ way, building re-
strjctions, etc.
Tke Reoka Elltz BooL af Cd'Afot ia

ENCBOACH-To gain unlav'4ulty upon the lands or propertv of


anothef,
EI\I'IER-To go upon lands for the purpose of taking possession.
ENTRY-See Forcible Entry.
EQUITABLE MOBTCAGE-A lien on real estate of such a character
that it is recoglized in equity as security for the payment of money,
and is treateal as a mortgege.
EQUITY-The value of property over and aboveits indebt€dn$s. In
case of a mortgage, the value of the prope*y above the dortgage
\r'ould be the equity.
EQUITY OF REDEMPTION -see Redemption,
ESCHEAT-A reversion qf lands to th€ state by reason of failure
ol heirs.
ESCROW-A grant may be depositedby the grantor with a third
person to be delivered upon lhe pelformcnce ol a condition and on
delivcry by thp depositaryit \trill take effect. Wlile in tle possessjon
of the third party, and subject to condition, is called an "escrow."
(C. C. Sec.1057).
ESTOPPEI-The preclusionfrom assertinga fact by previouscon_
duct inconsistent therewith.
EVICTION-Depriving a person oI possessionof his lands or ten&
ments.
EXCHANGE-A mutual grant of interests in land, the one in con-
sicleration of the other.
ExCLUSM-Enjoyed only by the person authorized, while all
othe$ are forbidden to intedere.
EXPIRATION-Cessation, end.
EXTENSION OF MORTGAGE-W1en a mortgage falls due it mav
be extended upon agreement between the borrower and the lender.
FARM-A poltion of land used for agricultural purpose wholly or in
part.
FEE SIMPLE-A landed estate belonging to the owne} and his heirs
and assiqns forever. Every estate of inheritance, wheDnot defeasible
or condilional,is a fee simple or an absolutefee. (C. C. Sec.762).
FEE TAII-See Tail (Estates In).
FIDUCIARY-In trust, in confdence.
FIXTURES-Pe$onal chattels affxed to real estate which may be
resewed and removed by the party who has amxed them against the
rrill of the ovner of tfie land, (P. L. Enc.).
FLAT-See Apartrnent.
356 The Redta BtrueBook of Calilornia

FORCED SALE-A sale of a debtor's propedy.whicb the creditor


compels the sale of miodgaged propedy to efiect a foreclosure is a
forced sale.
FORCIBLE ENTRY-Entering by any kind oJ violeDceupon or into
real prroperiy, or after peaceful entry, ejecting the party in possessioD
by force. (Sec.1159 C. C. P.).
FORECLOSURE-Enforcing patrmentof a debt securedby mortgage
by taking and selling the property vrhich is covered.
GARNISHMENT-MeIhod of attacl ng property or credits belong-
ing to a debtor but held for or owed to him by another.
CENERAL LAND OFFICE-A bureeu of the U. S. Eovernment
whichhas chargeof m^(ers retatingto public lands.
GIFT-A transfer of pe$onal property, madevoluntarily, snd with-
out consideration. (C. C. Sec.1146).
GOODWILI-Ttre rnaterial value of a businessas a profit-producing
enterpdse, either realized or prospective.
GOODSAND CHATTELS-A term which includesnot only personal
prcperty in possession, but chosesin action and chattels real.
GRADE-The percentof grade meansso many fe€t vertically in one
hundred feet horizontal.
CRANT-A genedc term applicableto all transfe$ of real pr.opedy.
GROUND RENT-That rent paid for the privilege of building on
another man's land.
GROWING CROPS-Crops raised by clrltivation of man. In certain
casespersonalchattels,in others par"tof the realty. (P. L. Enc.).
GUARANTEE-An undertaking that the €ngagementor promise
of another shall be pefonned.
GUARANTY-The printed or written for.m, properly signed, upon
an instrumert, whereby some party, not originally issuing the in-
strument, promises its pa}.rnent.
GUARDIAN-One legally entrustedwith the csre of th€ person,and
managementof propedy, of a minor, imbecile,or other per.sonin-
capableol managinghis affairc.
HABENDUM-The clauseusually follorving the gmnting part of a
deed\ rhich definesthe extent of the ownershipin the thing granted.
HOMESTEAD-The dwelling house in which the claimant resides,
and the land on which the same is situated, vrhen it has been selected
by the claimant, making and recording a declaration of homesteed.
HOMESTEAD CORPORATIONS-Corporationsorganized for the
purpose of acquiring lands in large tracts, paying off incumbrances
thereon, improving and subdividing themrinto homesteadlots or par-
cels. (C. C. Sec.55?).
The Realtu BlxreBooh ol C(Llilarntll i57

IIYPOTIIECAI'E-To place on deposit collatclal security as pleds€

IMPLIED CON'I'IiACT A cortract. the existcnce and terms of


\r'hich ale manifested br condLrct. (C. C. Sec. 1621).
IMPROVEX{Iil\r'r' An amelior'ation in the condition of ploper-ty
eftected by the experditule of labor or money for. the pur?os€ of ren-
iletins il useful for. other pulposes than those for Nhich it ir.as oris-
jnail), used, or more useful for' the sane purpose.
INCOME The gain Nhic:h Dloceeds fr.om pr'opert:'. labor, or busi-
ness applied palticularly to jDdividurls-
INCORPOItDAi, HT.lIiI.lIllTA[{DN'I'S Anythins the subject of
propeltl'which is inhelilable and ot targible.
INCORPOIIIIAL PROPERTY That \'!hich (onsists i. legal fights

INCUMBRANCIT AnI right to, or i]rtefest in, Ia d lvhjch nlal sub-


sist in .r thn'd pelsoD. (The vendol of laud is bound to disclosc in-
cunbrances.) (P. L. Enc.) (SeeEncumbr^nces.)
INDENTURE-A contra(t; an agreerneDtunder -<eal; a dced betlveerl

INHERITANCII A perpetLritsjn hlds to n rran ald his heils


INSTALLX{ENT A patt of a debt due bx contlact and dillercrrt
flom that fixed for pat' ent of the other palt- Each instrllment is
severalparties. (See Contrnct.)
INSIIRARLE INTEREST E\,ery inlercst in plopedy, or an)'r'ela-
iion theleto, oI liability in respect thereof, of such a natule that a
conterrpl:1tedpar'jl misnt directll drnrDilt thc insured. (C. C. Sec.
2846J .
INSIIIiANCE .{ coDtract \hereb)'. lor rn agleed plemi Dl, one
palty uDdeltakes to irdenrnift. the other':rgairst loss on a specrified
subject by spccifierl perils.
INTEREST-A ch:rlg€ made whith the bonower' pal's {ot the Llseof
noDey, usuallr- exDlessed in Per'(eltagc, based on onc year.
INTI.IREST (IN COI{}ION) Everl intcrcst created in favor of
se\'cral persons in theil owD light. ulrless acquiled in partnership or
as communit) pr.opcr.tt-. (C. C. Sec.686.)
INTEREST (JOINT) Ore o\t'lcd bt'se!'cral personsin equal shales,
br- a titlc cre.rtedbJ :' singl('Nill or tlansfcl, whereir it jr €\pressll
declaredto be r joint tentlnct. (C. C. Scc. 68:1.)
INTESTATE-Dyhg 1\ithout lenvirs a will
INVENTORY A schcdule of propert}'oNred, vith the market value
of each arlicle or palcel.
INVOLIINTAR\- TRUST On€ Nhj(:h is created LI operation o{ la*'.
( C .c . S c c . 2 2 1 ? . )
358 The Re(Ltrt!Bhrc Book of CaLifornia

IRRIGATION-The adificial \yatering of land adapted and devoted


to agriculture for the pulpose of raising crops arld products of the
soil.
IRRIGATION BOND-A bond authorized by a vote of th€ electom
in an illigation distlict and met by assessmentslevied upon the lands
iD such dist cts.
IRRIGATION DISTRICT A public corporation having power- to
construct, maintain and oper-ateir.rigation and di.i,ersion works to
supply consumers with $ater to irrigate lands.
JOINT-Any Llnder'lakillg in which the contracting parties are bound
in colimon to per{o|m and entiUed in common to receive the benefits
thelefrom-
JOINT TENANCY-A co-tenancy in which, as betw€en the teDaDts,
each owDs all. (See TeDancy in Common for distinction.)
LAND -A Iprm cor']p|ehpndirgany gl.ound,!oii, or earth whalcrer.
Lrnd jncludes.in gprpi.alall buildir,sserp.tpd on ir.
LANDMARK-A monumeDt set up in order to ascedain the boun-
daries between two contiguous estates.
LANDLORD--{ person \r'ho omls lands or tenements which he rents
to othe$.
LANDLORD AND 'I"ENANT-A term used to deDote the relation
rghich subsists by virtue oI a contract between two or more persons,
for- the possessionor occupation of lands or teDements,
LAND GRANT BONDS Bonds issued by rail$,ay compaDies which
pledgp.as se(ulilv lor.amc. l."ds grrnted them L) rhe goverr nrpn,,
and usually rFdeamedft o"r Lherfoceed! ol r hci.
"ale.
LAND TITLE ACT See Torrens TiU€s.
LEASE-A sDeciesof coDtract for the possessionanalprofits of lands
and tenements for a certain peliod of trme.
LEASEHOLD The estste held by virtue of a lease.
LESSEE-He who holds an estate by vi*ue of a lease.
LETTERS- PATENT-An iDstrument granted by the govelnmeDt to
convey a right to the patentee.
LEVY ON LAND-SeizuIe oI taDds under writ of execution.
LICENSX A rig.ht given by sorne competent autho ty to do an act
'ivhich without such authority
vould be illegat.
T.IEN-A.laim against tr,e propertJ which jhe possessofma\ retain
u,rttl the salisfaclion o[ sorne demand. or a dpbr due him. (Sp.,
Mechanic's Lien).
LIFE ANNUITY-A fixed sum of money payabte yearly to and alur_
ing the life of the person entitled to recclve same.
The Realt! BLueBooL of Calitornia ers
LIQUIDATED DAMAGES-Damag9s.lxeg Y.pSnin advancebv-the
pa"li"" to contmct as the amounl wbich shall be recoverableupon a
breach of "tlle contrsct.
LIS PENDENS -One who purchasesprop€rtv pendinga legalaction
concerningit, takessubject to the event of the actioh'
LOCATION (of lands)-The act o( spleclingand designating lands
vrhichthe pplsonmakingthe lorationis aulhofzedby law lo sFlecr'
which the
LOCATIvE CALLS-Calls describingcenain meansbv
land to be locatedcan be identifed.
for
LOT-A small piece of lantl in town or city usually employed
building.
Pricea
MARKET PRICES-Pricas which aTeactuallv being realized so'
*rti"ii *".i."""t al the lime and obtainableor approximatelv
personunable
MARKED SICNATURE- Wlen it is necpssarylor.a
;-;;li;i";g" his name to anv.lesa) insrrument' he must make a
cross-which rirust be witnessed. In Califomia two witnesaea ere re_
qtrired,togethe|with their signedstatemenL'
MECHANIC S LIEN -A lien on real-propertv which the law--allow-srna-
ia *ectta"ic" or laborers for work done or lo those supplyng io reer
['i;i:'ii i;; ;":fi;ii; oi tuitaing"or rhe improvements
pro!efty.
peNonalbut
MIXED PROPERTY-Propertv not altogetherreal nor
a compound of both.
purpose
MONUMENTS-Permanent laDalmarksestablishedfor the
of indicating boundaries.
MORTGAGE-An
'"ii.. instrument signed.sealed'and given by the bor-
i,i,i,ttg"ftl bv which rhe latter has lhe right
to the monga-gee
in thejnslrumenL
i.Jii""iii-r,iiii?rr l,r u,opropertv-des"iibed in case
as
indebledness set forth in the con_
it Jrno"tg"go" do"" nol meel his
iiUo"" tE.;"a to ur the time of the creationof the debtwilh -(SeeTrust
beea ior'oistincrion) A mortgagF musl be executed the samp
iJ"ti.riii* i"iii,-ti'"J it re case"oia grant of real propet'1v'
bond and
MORTGAGE BOND-A pmmise.to pay in the form of a
securedby a mortgage on ProPeIlY.
MORTGAGE SALE-Sale under foreclosure'
powersol
ITUNICIPALITY-A lown. citv. or other disrrict having
local self-sovernmenl. A municipal colToral lon
a
NEGOTIATE-To sell, disposeol' transfer, bolrow' accomplish
transaclron.
NET-The lowest terms, when all possible deductions have been
made.
360 The Realtxt Blue Book of CatiforkilL

NET RETURN-The propodion: rate 1vhich the income bears to


t h e t o t a l . o q { , i r a l e 5 ra 1 a " n ' . 4 .o l l h a t I n v p s l m e n r . , a k i n ign t o t h p
conslclel.alio{hc timp which rhp invpsrntpnrmay bc ourst rdrng be_
fore being paid ofi.
N O N - A S S E S S A B L n - P f o p e r l r . r h p o w r e r . o i $ h i c \ . . a n ) r o rl F g a y
b e . o m p e l l e di o r h a l p a d d i l i o n a p
i aynre ! upoD.
NOTARY PUBLIC-One commissioned by the state to take acknowt
edgments, depositions, adniDister oaths, etc.
N U I S A N c E - , \ n J l h i n g r h r r u n t r w f u l t Jw o r k s h u r r , ' r . o v p n i e n . p ,
o_rclalnageol lands. Ip||e'nanrsor hFr'.dirampnlsol rnothar. (p. L.
Enc.) Anythjng injurious to health, jndecent or oflensive to senses
or an obsl.fu.lion to fl.pe usAof prona ) so a: to inlarfere wjth ils
comrortabrepnJovlren' is r nUisar.". rC. a. Se. 34?9.) (S"p Abat-_

OFFER-A bid, an olTerto buy.


OPEN.MORTGACE-A mortgage uncler which more indebtedness
can De tncurrecl.
OPTION- A.contracl whe.eby one is giveD the dght ior a cedain
trnre.at hrs election,to demandand receive.or to deliver property a[
a stated price. A consideration is r€quired to render an option bind_

ORDINANCE A law of a municipality.


OUTHOUSES Buildi gs adjoinrng or belongirg io dwe ing houses.
{ 160 Cal. 25?).
OUSTER -Thc a(tual run,ing our or kppping px.ludpd ,h. palry
enIIIleO tO pOSSeSSiOt).

OWNERSHIP-The light of one or more persons to possessaDd use


property to the exclusion of others. (C. C. Sec. 6J4.i
OWNERSHIP (QUALIFIED)-When proper.ty is sharealwith one or
more persons: when.lhe.time of pnjo)rnent is defpl,redor limilpd;
when the usc iq restricted. rC. C. Se{. C80.,
PAPER PROFITS-Prolits supposed to exist but ot vet r.ealizeat.
PARCEL-PaxI of the estate.
PAROL (Oral)-An aereement madd orally between parties by which
one of them leasesto the oth€r a certain eslare.
PARTNERSHIP A r,'oluntary cortract between two or. more per_
sons..forJo;ning rogerheftheil money,goods,labor and sk;ll, or any
or al/ ol lhem. irr son a la,* ful .ommerceor businpss,undar ar undcrl_
standing_expressed o' imtlipd. rhal lhere shalj be a communion of
profif and loss betweFnihem. Parl,,erships.innol rake 1irle.bul part-
n€rs may be treated as teDants in common
PARTY WALt-A wall prccled on rhe line betweenlwo adioinins
cstatesbelonginglo diffpr.enL pel\olls, ior thc se of borh estates.
Tke Rea,ltaBIue Boolr al Cd,li.fonria 361

PATENT-A grant of some privilege. property or authority made


by lhe governmenl. A title deed by which the governmentconveys
its lands.
PERSONAL PROPERTY-AII movabteproperty; horses,tools, fur-
nil,ure..ch-altels
of all kinds (cropsol annualplanling).etc..as dis-
nngrlshed lrom reat property.
POWER OF ATTORNEY-A wdtten paper, signed and acknow-
ledged.given by one personlo another,aulhorizinsthe laller lo acL
in l,heformer's nameand slead, such acts having tf,e same force and
value as if doneby the persondelegatingthe authority,
POWEROF SALE-A clauseinserredin a mortgageno{por in any
other form of indebtednesswhich g;ves the lender lhc right to seil
the property securinglhe debt. if nol paid as specified,
PREMISES-Lands and tenemenis.
PRINCIPAL-One who, being competentto do an act for his own
benett, confidesit to another personto do for him.
PRIORITY Precedence, going before.
PRIVITY-The mutual or successive relationshipto the same rights
of property.
PROMISSORYNOTE-A written promiseon the part of one peruon
to pay another or order a stated sum of mon€y at some future time.
PROTEST-A fomal declarationthat negotiabtepaper has beendis-
honored.
PROVISO-A clause inserted in an instrument containinEa condi-
tion that a cerlainlhing shall or shall not be donein ord;r $at an
agreement contained in another clause shall iake effect.
PROXY-A paper, properly signed and witnessed, which confers the
right to vote for tie person giving the proxy.
QUIT CLAIM-A lorrn of deedin the naturPof a release, conlainins
\trordsof grant as well as release,but wirhout any covenantsor war:
ra.nties of any kind. Used to clear up some apparent interest.
RANGE-A telm desiglating the order of the location of lands in
patents from the government to individuals.
EEAL.ESTATE-Any interest held by a person or personsin real
proper[y.
ROAL ESTATE AGENCY CONTRACT-An asreement between
two or more padies by which one of them agreestdpay a commission
to the other in consid€ration of his services in negotir.ting the salq
leaseor purchase of an interest in real property.
REAI,IZE-To conved into cash, sell, take one s profit.
REAI PROPERTY-Land and buildings.incluclingeverlthins, such
as minerals.etc., below the surlace, and the air or spaceabovi; also
all crops, as g?ass,trc€s, etc., which are not consideied as of annual
planting,
362 The Re(LltABlu.eBook ol Catilerni./r

RECEMR...One app-ointedby t]le courl to take the custoaly,man-


agement,or disposalof property in conlroversypendinglitig;iion.
RECORDER-An officerappointedro make recordsor enrollmenl,of
oeedsand otner tegalinslrumenls. authorizedby law to be recorded.
REDEMPTION-A purchsseback by the se er from the buyer.
REDEMPTION (EQUITY OF):The fight of the mortgasor to re-
purchase.
RELEASE (OF MORTGAGE) -After satisfaclionof t}le obligal,ioD
wnrcn rne mongage ts gtven to se.ufre.the mortgegeemust execute
and sigr a release of mortgage.
RELINQUISHMENT-A forsaking, aba.ndoningor giving over a

REMAINDER MAN-The one to whom an estategoesafter a certain


estateis determined.
RENT-A retum or compensation for the possessionof some cor-
porear property.
REPUDIATE-To rcfuse to pay a debt; to dishonorone,sobtigation.
RESERVATION-CIauSe in a deed reser.vingto the grantor some-
thing out the thing granted. Any body ot tana wlictiCongress fras
"of saletor any purllose.
reselveqJrom
RESTRICTION-An agreement inserted in the deed, which runs
witll the land, Iimiting its use to celtain specificpurpoies.
RESI DENCE- Permanenlplaceol occupalion,as djstinguishedfrom
rooglng,boardlng or temporary oc(upation,
REVERSION-The residue of an e€tate left by operation of law in
the granl,or or his successors, commencingon'the tetminaiion'ofl
partlcularestalegranied. (C. C. Scr. 268.)
REVOCATION- The recatlof a poweror authoriryconfenpd,or the
\ a@trng oI an rnsl,rumentpreviously made.
RIGHT- (?re.-emption) .Thal right given sertJels upon rhe pubtic
u, s. to purchaserhem at a timited price in preference
ffiT*:1"*"
RIPARIAN--Of, pertaining to, or livirg on the bank of a river.
RIPARIAN -RICHTS-The dghis of a personowning tandcontain_
rng or Doroertngon a watercourceor other body of water, in or to ils
bed, oI waters. At corunon law a pcrson owning land borderins a
non-navigabteslream. owns the bed of the stream to the ..ffllim
aquae," or thread of the stream and may make use of its waters,
SALE -A conrract by whi-ch,for a valuableconsideration,called a
pnce, on€ transters lo anolher an interest in property.
SALESMANSHIP-I'he art of selling a commodity at its fu market
The Resl,lv BI,IE Booh al Co"lilornia

SECOND MORTGAGE-A mortgag€ placed upon pmperty which


already has another mortgage existing upon it.
SECTION-A parcel of land containing 640 acres.
STIPULATION-A material article in an agreement.
STREET IMPROVEMENT BONDS-Bonds securedby specialtax
levy upon the property abutting upon the street or in the special
district improved; the entire city not being resporsible for their pay-
ment.
SUBDMDE-To di\ridea parcelinto smallerparts; to separateinto
smaller divisions,
SUB-LEASE-A leaseby a tenant to another person of palt of the
premises held by him, or of part of his term.
SUCCESSION-The coming in of another to take the property of one
vrho dies intestate.
SITRETY-A guarantee or security against loss, or for the carrying
out of someagreedpromiseor act. Onevrho so guar*nteesgnother's
acts es "suret/' and sny bond g:iven as evidenceof the falt bears the
same title.
SYNDICATE-A group or combinatior of men who combinetheir
mutual interests for the purchase or coniml of certain propedies.
TAIL (Estate in)-An estate of inheritance which instead of de-
raending to heirs generally, goes to the heirs of the donee's body,
w'hich mesns his lawful issue, his children, and through them to hls
g"andchildren in a direct line so long as posterity edlures. (Abolished
in California. (C. C. Sec.?63.)
TAX-A contribution imposed by the govemment on individuals for
the service of the state.
TAX DEED-An instrument whereby an officer of the law under-
takes to convey the title of the rightful propdetor to the purchaser
at a tsx sale.
TAXING DISTRICT-The distdct throughout which a pa*icular
tax or assessment is ratably apportionedupon the inhabitanLs;it may
te a whole Btate, one county, a city, a ward or a part of a street.
TAX SALE-A saleof lands for the non-paymentof tax€s.
TENANT-One who holds or possesses lands or tenementsby any
kind of title either in fee, for life, for yearc, or at will.
TENANTS IN COMMON Two or more parties holding land or tene-
ments by several and distinct titles, but occupiedin common. The
only unity recognizedbetwe€nthem is that of possession.(SeeJoint
Tenants.)
TENANT AT WILI-One who lawfully enters the premises without
stipulation as to the time he shall occcupy them.
TENEMENTS -Everything of a permaneni nature which may be
nolden_
364 The Real,tu Blue Book ol Cdliforni&

TITLE-The means whereby the owner of land has just and la$/ful
possessionof his propelty.
TITLE DEEDS-Those which ar.e evidence of the ti e ol the owner
of al1 estate.
TITLE INSURANCE- A plan wherebJ one may obtain insumnce
agarnst-los€ arising from impadpct tille. jt frlling upon ihe company
to satisfy itsell as to the title's soundness.
TORRENS TITLE-One which has been registered under the ToEens
Law,.in which a cetificate is recorded show:ing the exact condition of
the title. (See Realty Btue Book).
TIANSFER-The act by which the owner alelivem property to an-
other.
TRESPASS-Unauthorized entry upon the reatty of another.
TRUST -A righl of propertJ, real or parsonal.held by one party for
tha bp pfit of anolher. M^y bp pilher volunlary or inl'olunrary.'
TRUSTEE-One \r.ho holds the legal custody for anothe/s trust.
TRUST DEED-A written instrument which conveys the tide of
propefiy Io a-third person lor the purposeof securinga debt or other
oDrgatlon,.w,thpower oi sale on failure to pay or perfom the obliga_
1ion. A sale under a lrusl depdallows no period of redemption.
TRUST ESTATE An ps{arewhosplegat possession and bFnp6rsare
vested In.onp pprson, the a(lual possessionand managementof it,
however, berng entl.usted to otbers,
URBAN-Relating to a city.
USAGE-Long and uniform practice.
VACATE-To move out; abandon, quit.
VALID-.-An act. deed. witt. et.., which bas receivedalt formalities
requrred by taw,
VENDOR S LIEN .An equitabtetien a owed lh, vendor or land
solcl,lor r.trppurchasAInoney.where lhe decd expresses,contrary lo
rne ra.r, thal the purch^semoney is psid.
VOLUNTARY CONVEYANCE-The transfer of an estate maale
without any adequate consideration of value.
VOLUN1 ARY TRUST An obligationarjsing out of a personalcon_
noen-cerepospdrn, and \otuntarily acceptedby, one for the benefitof
another. (C. C. Sec. 2216.)
WAM-To abandon or forsake a r.ight.
WARRANTy--Au engagemenlby which a seller assurpslo a buler
the eyistpncFof sonre fa.r affecting the imnsa(tion. whethel pa.st,
present or future. (C. C. S€c. 1?63.)
WARRANTY DEED-(See Deeds.)
WASTE- -Destfuction donp oI permirred to lands, houscs or orher
corporeal-her'edjtanrents b) ihe tenant thereof Io the pj.e.iudiceol the
nprr of ot htm In reversionor remainder.
WILI-A wilt is an instrument for. disposing of one,s pl.operty, exe-
-
cuted according to law, whjch is to take eff€ci after his iealh. "