| Gifts and Finders | Adverse Possession | Servitudes | Estates & Future Interests | Leasehold & Land Transfer |
|---|---|---|---|---|
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1. Intent (present donative)
2. Delivery 3. Acceptance
What are the elements of a gift?
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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?
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1. Intent to bind successors
2. Touch & Concern 3. Privity of Estate - Horizontal & Vertical
What are the elements of a real covenant?
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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:
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False - manual delivery must be done if practically possible
True or False - Constructive delivery MUST be done if practically possible
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True
True or False - The adverse possessor can legally eject a trespasser even though they are not the true owner
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False - it WILL satisfy the requirement
True or False - merely paying money will not satisfy the "touch and concern" land requirement
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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?
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1. Intent to abandon
2. An act to manifest that intent to abandon
What are the two elements for property to be abandoned?
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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?
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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?
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Property that consists of gold, silver, coin, or currency which the owner hid. The finder has superior property rights b/c it is believed to be so old that the owner will not return for it.
What is the treasure trove exception?
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Writing that purports to convey title to the AP, buy the writing is defective in some way.
Gives constructive possession of whatever the writing says AND many jurisdictions will shorten the statutory time period.
What is color of title? What does it do when you have it?
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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?
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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? |
1. In writing
2. Demonstrate intent by grantor to transfer property interest to grantee 3. Sufficiently describe the land 4. Signature of the grantor
What is required for a valid deed?
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Alex - he is the owner of the locus in quo.
Sam went to his Alex's house after school to study for property with friends. When he gets to Alex's house, he puts his gym bag in Alex's room. After studying for a few hours, Sam leaves without the gym bag. Another friend, Brad, finds the gym bag.
Other than Sam, the true owner, who has superior title? |
Yes - the disability didn't exist on day 1, so it is immaterial.
Katie begins adversely possessing Blackacre on April 1, 2000. At that time, Daniel is the true owner of Blackacre. On April 1, 2002, Daniel is deemed legally incompetent. It is now April 2019 and the statutory time period for Adverse Possession is 10 years. Can Katie prevail on a claim for title by adverse possession?
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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? |
1. Covenant of Seisen
2. Covenant of Right to Convey 3.Covenant against encumbrances 4. Covenant of quiet enjoyment 5. Covenant of Further Assurances 6. Covenant of general warranty
What are the express warranties in a deed?
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