Transcription of 5. Title to Real Property
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5. Title to Real Property
5 Title to Real Property In California, the basic principles followed governing Title to real Property were derived from England s Common Law generally implemented by case law known as stare decisis. This term is Latin for "to stand by a decision". Stare decisis is applied as a doctrine to bind a trial court by higher court decisions (appellate and supreme court) that become precedents on a legal question raised in the lower/trial court. Reliance on such precedents is required of lower/trial courts until a higher court changes the rule. California has a 150-year history of development and evolution in the way its courts have applied legal principles regarding the Title to real Property and the conveyance/transfer of the Title . These legal principles also apply to the encumbering of Title to real Property through mortgages or deeds of trust and to provide notice of and to evidence monetary claims against the Title in the form of liens.
5 Title to Real Property. In California, the basic principles followed governing title to real property were derived from England’s Common Law generally implemented by …
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