Under California Civil Code §1092, a grant of real property must contain a description sufficient to identify the property. A California seller executes a deed that describes the property only as 'my house on Elm Street in Sacramento.' Under California law, this legal description is:
Correct Answer
D) Valid, because California courts will apply extrinsic evidence to identify the property if the description provides a starting point
Under California Civil Code §1092, a deed need not contain a perfectly precise legal description, but it must describe the property well enough that it can be identified. California courts have held that if the description provides a 'key' or starting point, extrinsic evidence (such as tax records, prior deeds, and testimony) may be used to identify the specific property. While 'my house on Elm Street' is imprecise and not recommended, it may be sufficient if extrinsic evidence can resolve the ambiguity.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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