PART I.

PROPERTY IN GENERAL.

TITLE I. NATURE OF PROPERTY.
II. OWNERSHIP.

III. GENERAL DEFINITIONS.

TITLE I.

NATURE OF PROPERTY.

SECTION 654. Property, what.

655. In what property may exist.

656. Wild animals.

657. Real and personal.

658. Real property.

659. Land.

660. Fixtures.

661. Appurtenances.

662. Property in mines.

663. Personal property.

what.

SEC. 654. The ownership of a thing is the right of one Property, or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property.

N. Y. C. C., Sec. 159.

may exist.

SEC. 655. There may be ownership of all inanimate In what things which are capable of appropriation or of manual property delivery; of all domestic animals; of all obligations; of such products of labor or skill, as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute.

N. Y. C. C., Sec. 160.

SEC. 656. Animals wild by nature are the subjects of Wild ownership while living only when on the land of the per

animals.

Real and personal.

Real property.

Land.

Fixtures.

Appurte

nances.

son claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued.

N. Y. C. C., Sec. 161.

SEC. 657. Property is either-
1. Real or immovable; or,

2. Personal or movable.

N. Y. C. C., Sec. 162.

SEC. 658. Real or immovable property consists of— 1. Land.

2. That which is affixed to land.

3. That which is incidental or appurtenant to land. 4. Mines and mining claims.

SEC. 659.

N. Y. C. C., Sec. 163.

NOTE.-Subd. 4 is new.

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance.

N. Y. C. C., Sec. 164.

SEC. 660. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of nails, bolts or screws.

N. Y. C. C., Sec. 165.

NOTE.-By California and Nevada decisions this rule has been a little modified, so as to make the question of fixtures depend somewhat upon the intent or purposes of the party in erecting buildings for temporary use. It is thought best, however, to preserve the common law rules in terms as contained in this section.

SEC. 661. A thing is deemed to be incidental or apṛ urtenant to land when it is by right used with the land for its benefit, as in the case of a way, or water course, or of a passage for light, air or heat from or across the land of another.

N. Y. C. C., Sec. 166.

mines.

SEC. 662. Property in mines is real property, whether Property in held by letters patent, transfer, occupancy or under mining rules and customs.

SEC. 663. Every kind of property that is not real is Personal personal.

N. Y. C. C., Sec. 167.

property.

SEC. 669. All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The State may also hold property as a private proprietor.

N. Y. C. C., Sec. 168.

Owner.

the State.

SEC. 670. The State is the owner of all land below Property of high water mark bordering upon tide water; of all land below the water of a lake or stream which constitutes an exterior boundary of the State; of all property lawfully appropriated by it to its own use; of all property dedi'cated to the State, and of all property of which there is no other owner.

N. Y. C. C., Sec. 169.

Who may own property.

Aliens inheriting, must claim within five years,

SEC. 671. Any person, whether citizen or alien, may take and hold property, real or personal.

N. Y. C. C., Sec. 170; Const., Art. I, Sec. 17; Ramaratz vs. Kent, 2 Cal., 558; Attorney-General vs. Folsom, 5 Cal., 373; Sumssen vs. Bofer, 6 Cal., 250; Norris vs. Hoyt, 18 Cal., 217; Farrell vs. Enright, 12 Cal., 450; State of California vs. Rogers, 13 Cal., 159.

SEC. 672. If a non-resident alien takes by succession, he must appear and claim the property within five years from the time of succession, or be barred. The property in such case is disposed of as provided in Tit. VIII, Part III, CODE OF CIVIL PROCEDURE.

Stats. 1856, 137; People vs. Rogers, 13 Cal., 159.

CHAPTER II.

MODIFICATIONS OF OWNERSHIP.

ARTICLE I. INTERESTS IN PROPERTY.
II. CONDITIONS OF OWNERSHIP.
III. RESTRAINTS UPON ALIENATION.
IV. ACCUMULATIONS.

ARTICLE I.

INTERESTS IN PROPERTY.

SECTION 678. Ownership, absolute or qualified.

679. When absolute.

680. When qualified.

681. Several ownership, what.
682. Ownership of several persons.

683. Joint interest, what.

684. Partnership interest, what.

685. Interest in common, what.

686. What interests are in common.

687. Community property.

688. Interests as to time.

689. Present interest, what.

690. Future interest, what.

691. Perpetual interest, what.

692. Limited interest, what.

693. Kinds of future interests.

694. Vested interests.

695. Contingent interests.