| Gifts | Adverse Possession | Servitudes | Estates & Future Interests | Leasehold & Land Transfer |
|---|---|---|---|---|
|
1. Intent (present donative)
2. Delivery 3. Acceptance
What are the elements of a gift?
|
1. Actual Entry/Exclusive Possession;
2. Open & Notorious; 3. Adverse under claim of right; 4. Continuous for statutory period
What are the elements of adverse possession?
|
1. Intent to bind successors
2. Touch & Concern 3. Privity of Estate - Horizontal & Vertical
What are the elements of a real covenant?
|
Tommy: Present interest in fee simple determinable
Ned: possibility of reverter in fee simple absolute
Ned conveys Blackacre "To Tommy, while he is teaching at USC law"
What interest do Tommy and Ned hold? |
Clean, Safe, and Fit
The Implied Warranty of Habitability requires premises that are:
|
|
False - manual delivery must be done if practically possible
True or False - Constructive delivery MUST be done if practically possible
|
True
True or False - The adverse possessor can legally eject a trespasser even though they are not the true owner
|
False - it WILL satisfy the requirement
True or False - merely paying money will not satisfy the "touch and concern" land requirement
|
Emily: present interest in a life estate
Mallory: Indefeasibly vested remainder in a life estate Frank: reversion in fee simple absolute
Frank conveys Blackacre "to Emily for life; then to Mallory for life."
What interest does everyone hold? |
No - Tenancy at Will - if either landlord or tenant dies the lease is terminated
Jennifer is going through a rough time financially, so her friend, Amanda, offers for Jennifer to stay at one of her homes in Pawley's Island for as long as she would like. Two years after Jennifer began staying at the house, Amanda dies. Amanda's family wants Jennifer out of the house so they can sell it. Will Jennifer be able to stay in the home? Why/Why not?
|
|
No - He is a holdover tenant.
Barney leases the Suit-Up Bar to Ted for a term of one year. At the end of the year, Ted retains possession of the bar. Is he an Adverse Possessor?
If not, what is he? |
1. Express grant
2. Estoppel 3. Necessity 4. Implied by Prior Use 5. Prescription
What are the ways an easement can be created?
|
Allison: Present interest in a life estate
Annie: contingent remainder in fee simple absolute Clare: reversion in fee simple absolute
Clare conveys Blackacre "to Allison for life; then to Annie if she survives Allison."
What interest does everyone hold? |
1. Privity of Contract AND privity of estate b/w 1st Tenant and landlord
2. Privity of contract between 1st tenant and 2nd tenant
What types of privity will you find in a sublease?
|
|
|
1. Licensee has permission from licensor to use property
2. licensee has reasonably relied on easement 3. Licensor knows/should have known licensee was relying 4. Injustice would occur if revoked
What are the elements of an easement by estoppel?
|
Elizabeth: present interest in fee simple subject to executory limitation
Megan: Springing executory interest in fee simple absolute
Elizabeth conveys Blackacre "to Megan, on condition that she marry Harry."
What interest does everyone hold? |
|||
|
Yes - easement by necessity
Joseph buys a prime lot in the Great Plains Development and builds a farmhouse on the part nearest the road. He subsequently sells the back half of the lot to Mr. Christie, who builds a farmhouse there. There is no access from Mr. Christie's parcel to the main road, except by crossing the half of the lot kept by Joseph. Will Mr. Christie be able to cut across Joseph's property to get to the road?
If so, by what doctrine? |
Patricia: Present interest in life estate
Henry: Reversion in fee simple absolute Children: nothing - the contingent remainder violates RAP
Henry conveys Blackacre "to Patricia for life, then to the first son of Patricia to be president of USC."
Patricia has 3 sons at the time of conveyance, one of whom is a professor at USC. What interest does Henry, Patricia, and Patricia's children have? |
|||
Support Us on Ko-fi