DIVISION SECOND. PART I. PROPERTY IN GENERAL, §§ 654 749. II. REAL OR IMMOVABLE PROP ERTY, §§ 755-940. III. PERSONAL OR MOVABLE PROP ERTY, §§ 953-994. IV. ACQUISITION OF PROPERTY, §§ 1000-1422. PART I. PROPERTY IN GENERAL. TITLE I. NATURE OF PROPERTY, §§ 654-663. III. GENERAL DEFINITIONS, §§ 748-749. 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. Fixtures attached to mines. 662. Appurtenances. 663. Personal property. § 654. THE Ownership of a thing is the right of one 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. $655. There may be ownership of all inanimate things which are capable of appropriation or of manual 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. Counterfeiting a trade-mark, a misdemeanor. Penal Code, § 350. § 656. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claim ing them, or when tamed, or taken and held in the possession, or disabled and immediately pursued. 657. Property is either: 1. Real or immovable; or, 2. Personal or movable. § 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. That which is immovable by law. § 659. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. § 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 cement, plaster, nails, bolts, or screws. 51 Cal. 596; 52 Cal. 395; 56 Cal. 85; 57 Cal. 3; 58 Cal. 126. § 661, Sluice-boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine. § 662. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit; as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. 52 Cal. 395; 56 Cal. 13. § 663. Every kind of property that is not real is personal TITLE II. OWNERSHIP. CHAPTER I. OWNERS, §§ 669-672. II. MODIFICATIONS OF OWNERSHIP, §§ 678-726. IV. TERMINATION OF OWNERSHIP, §§ 739-742. BECTION 669. Owner. CHAPTER I. OWNERS. 670. Property of the state. 671. Who may own property. 672. Aliens inheriting must claim within five years. § 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. § 670. The State is the owner of all land below tidewater, and below ordinary high-water mark, bordering upon tide-water within the State; of all land below the water of a navigable lake or stream; of all property lawfully appropriated by it to its own use; of all property dedicated to the State, and all property of which there is no other owner. [In ffect July 1, 1874.] Property of the State. Pol. Code, §§ 40-44. $671. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this State. [In effect July 1, 1874.] § 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 Title VIII., Part III., Code of Civil Procedure. [§§ 1269-1272.] |