Property Ownership — Cheatsheet

Ownership Types Comparison

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TTIP — The Four Unities of Joint Tenancy

All four must be present simultaneously to create a valid joint tenancy in California.

T — Time: All co-owners acquire their interests at the same moment

T — Title: All acquire title by the same deed or instrument

I — Interest: All hold equal, undivided fractional shares

P — Possession: All have equal right to possess the entire property

If any unity is broken (e.g., one owner sells their share), the joint tenancy is severed for that interest. The new buyer enters as a tenant in common.

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Community Property vs. Separate Property

Quasi-community property: Property acquired in another state that would have been CP if acquired in CA — treated as CP at divorce or death in California.

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Encumbrance Types — Financial vs. Non-Financial

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Easement Creation Methods

Express: Written grant or reservation in a deed (most common; clearest)

Implied: Arises from prior use when land is divided

Prescriptive: 5 years open, continuous, hostile, uninterrupted use in CA

Necessity: Landlocked parcel with no other road access

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Water Rights Hierarchy in California

California uses the California Doctrine — a dual system recognizing both riparian and appropriative rights.

Type	Parties	Equal Shares?	Survivorship?	Passes Through Estate?	Notes
Fee Simple Absolute	1+	N/A	N/A	Yes	Highest form; no conditions
Life Estate	1 (life tenant)	N/A	No	No — ends at death	Remainder or reversion follows
Joint Tenancy	2+	Yes (required)	Yes	No	Requires TTIP; severs by transfer
Tenancy in Common	2+	No (unequal OK)	No	Yes	CA default; partition allowed
Community Property	Married/DP only	50/50	No (unless CP w/ ROS)	Yes (1/2 by will)	CA is CP state
Community Property w/ ROS	Married/DP only	50/50	Yes	No	Hybrid: CP tax benefits + survivorship
Community Property	Separate Property
Acquired	During marriage with marital earnings	Before marriage
Gifts/Inheritance	Community (if from marital funds)	Separate (even if received during marriage)
Both spouses sign to sell?	Yes	No
At death	Each spouse may will their 1/2	Passes per owner's will or intestate
After-separation income	Separate	Separate
Category	Type	Example	Notes
Financial (Lien)	Deed of Trust / Mortgage	Purchase loan	Paid off at sale
Financial (Lien)	Property Tax Lien	County tax default	Senior to most liens
Financial (Lien)	Mechanic's Lien	Unpaid contractor	90-day recording deadline
Financial (Lien)	Judgment Lien	Abstract of judgment recorded	10-year life; renewable
Financial (Cloud)	Lis Pendens	Lawsuit affecting title	Not a lien; clouds title
Non-Financial	Easement Appurtenant	Shared driveway access	Runs with both parcels
Non-Financial	Easement in Gross	Utility power lines	Personal to holder
Non-Financial	CC&Rs	HOA use restrictions	Run with land
Non-Financial	Encroachment	Fence over property line	Discovered by survey
Right Type	Basis	Transferable?	Priority Rule
Riparian	Own land adjacent to stream/river	No (tied to land)	Co-equal among riparians
Appropriative	Prior beneficial use	Yes	Senior date = higher priority
Littoral	Own land adjacent to lake/ocean	Tied to land	Public trust limits apply
Correlative	Overlie common groundwater aquifer	Proportional share	Court-adjudicated

Tidelands (between high and low tide) = owned by State of California — not private.

Solar easement: Must be expressly negotiated and recorded; does not arise automatically (CA Civil Code 801.5).

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Real vs. Personal Property — MARIA Test

Use MARIA when it is unclear whether an item is a fixture (real property) or personal property:

M — Method of attachment (permanently attached = real property)

A — Adaptability (custom-built for this property = real property)

R — Relationship of parties (buyer/seller vs. landlord/tenant — different standards apply)

I — Intention of person who installed it

A — Agreement between the parties (lease clause or purchase contract)

Property Ownership