1) Point of Beginning-
Definition: In the metes and bounds description, a point of beginning is the starting point of the land that always references a monument.
Example: The starting point for the property is at the northwest corner of 2nd Street and Cedar Street, or 100 ft from the shoe statue.
a) Starting point- The starting point for the property is at….
b) Street reference- The northwest corner of 2nd Street and Cedar Street.
c) Monument reference- 100 ft from the shoe statue.
Definition: An imaginary point of horizontal plane elevation used in reference to sea level to determine elevation.
Example: Tom, a surveyor, used a horizontal plane of elevation 75 feet above sea level as a reference point in describing air (space) lots.
a) Artificial point- Tom used a point to find the elevation.
b) Horizontal plane of elevation- Tom used a horizontal plane of elevation.
c) Reference to sea level- The elevation is 75 feet about sea level.
Definition: Legal action taken to correct a mistake in a deed or document.
Example: John received the deed to his new house and the square footage was listed as 20,300, but it was supposed to be listed at 2,030. The Seller of the house does not have the ability to change the deed. John then asked the court to issue an order to correct the description of the square feet.
a) Mistake in a document- The square footage should be listed at 2,030, and not 20,300.
b) The person who transferred the property cannot change the deed- The seller of John’s house cannot change the deed.
c) Legal action- John requests a court order for his description to be fixed.
4) Natural Attachments-
Definition: Any plant that is growing on a piece of property including fructus naturales, and fructus industriales.
Example: Mary bought a house near a national reservoir. The plants growing on the property include both nature plants and plants that the previous owner planted.
a) Plants growing on the property- Mary’s house has plants growing on the property.
b) Fruits of nature- There are natural plants growing on her property.
c) Fruits of industry- There are plants growing on her property that the previous owner planted.
Definition: Any type of man made attachment on a property that was once personal property.
Example: Joe bought a new house that has a barn in the backyard. This barn was build by the previous owner of the home.
a) Man made- The barn was built by a previous owner.
b) Personal property first- The barn was once wood and nails owned by the previous owner.
c) Attachment- The barn became a fixture to the house once is was attached the property in the backyard.
Definition: The person who took an item of personal property and brought in onto the real property.
Example: Peter built a barn in his backyard four years before he sold his home. He cemented the barn into the ground in the backyard.
a) Person- Peter built the barn.
b) Personal property- Peter owned the materials to make the barn before he built it.
c) Real property- Because Peter cemented the barn into the ground it is assumed he wanted to turn the personal property into real property.
7) Trade Fixtures-
Definition: Any type of equipment installed into a property for business purposes.
Example: Tamara rents a building for opening a hair salon. She installs mirrors, sinks and counters into the building to better run her business.
a) Equipment- Tamera installs mirrors, sinks and counters.
b) Business purposes- Tamera needs the equipment to better run her business.
c) Installed- Tamera installs this equipment using her own money which makes it a trade fixture, but if she leaves them after she leaves they turn into property of the landlord.
Definition: A right that comes with the sale of the property, but is not specifically stated.
Example: Joe buys a new home that has fixtures that use water such as: sinks, toilets, showers, etc. Joe has the right to use water to operate these fixtures since they are on his land.
a) A right- Joe may use the fixtures on his property that need water.
b) Sale of property- Once Joe owns the property he may use anything that is on or in his property.
c) Real property- The house includes fixtures that need elements such as water that Joe may use.
9) Riparian Land-
Definition: Any type of land that has water in its boundaries including water that is adjacent to or is crossed by the property.
Example: Peter owns a house on Buena Creek Street. In order to get to his house he must go over his driveway, which is a bridge over the creek.
a) Ownership- Peter owns a house with water nearby.
b) Water- Buena creek is a part of Peter’s property.
c) The creek is under his driveway- The water is within the boundaries of Peter’s property.
10) Rule of Capture-
Definition: All oil that is produced from a personal well is the property of that person’s well even if the oil may come from a neighbor’s property.
Example: John builds a well on his property to pump oil. The oil produced from the well comes from the ground underneath his neighbors land. John still has all the rights to the oil since it was produced through his well.
a) Oil well- John build an oil well on his property.
b) Ownership- John owns all the oil that is produced through his well from his property.
c) Rights- John owns the oil once he brings it out of the land through his well.