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44 Cards in this Set

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UCC 2.207(1)
A definite and seasonable expression of acceptance - operates as an acceptance - even though it states terms additional to or different from those offers unless acceptance is expressly made conditional on assent to the different terms.
if A enters Blackacre at a time such that O has a running cause of action against him when he conveyed Blackacre to B for life with remainder to C, what happens?
B and C have a cause of action against A passing to them from O at the time of his conveyance.
Does a disability ever shorten the time of possession to acquire a title by adverse possession?
No. it can only extend the time required by the statute.
when does the statutory period on adverse possession begin to run?
when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely
does tacking occur for those entitled to bring a cause of action against an adverse possessor who are in privity of each other?
yes.
what do most states do when a person with a cause of action is under a disability at the time the cause of action against the adverse possessor accrues?
extend the time to bring the cause of action to some period beyond the removal of the disability
if occupants are in privity of one another, the period within which a cause of action can be brought by one person is ...
tacked to the period the cause of action can be brought by another
when does the statutory period on adverse possession begin to run?
when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely
when does privity exist?
when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission
if two adverse possessors of one property are in privity of one another, what can happen?
the period of adverse possession by the first can be tacked on to the other's period of adverse possession
how does the prior possessor relate to the new title acquired by the adverse possessor?
the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period
if two adverse possessors of one property are in privity of one another, what can happen?
the period of adverse possession by the first can be tacked on to the other's period of adverse possession
when does privity exist?
when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission
is parol transfer sufficient for tacking periods of constructive adverse possession where color of title is required?
no.
what do most states do when a person with a cause of action is under a disability at the time the cause of action against the adverse possessor accrues?
extend the time to bring the cause of action to some period beyond the removal of the disability

disabilities normally include: minority, legal incompetence, and imprisonment
when does the statutory period on adverse possession begin to run?
when a cause of action for possession accrues against the adverse possessor (depends on the fact of the specific case)

typically, accrues when a possessor w/o right enters into a clearly visible possession of another's land claiming adversely
when does privity exist?
when the possession is passed from one to the other by deed, will, descent, written contract, oral contract, mere oral consent, or permission
if occupants are in privity of one another, the period within which a cause of action can be brought by one person is ...
tacked to the period the cause of action can be brought by another
what type of title is acquired by adverse possession?
an original title
does tacking occur for those entitled to bring a cause of action against an adverse possessor who are in privity of each other?
yes.
how does the prior possessor relate to the new title acquired by the adverse possessor?
the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period
if two adverse possessors of one property are in privity of one another, what can happen?
the period of adverse possession by the first can be tacked on to the other's period of adverse possession
what type of title is acquired by adverse possession?
an original title
how does the prior possessor relate to the new title acquired by the adverse possessor?
the title is not derived from him at all; adverse possessor take the title and estate free of all claims which could have been asserted against the former owner during the statutory period
what type of title is acquired by adverse possession?
an original title
majority views that possession under a mistaken belief that one is the owner of the land can be ____
adverse
whether or not the 5 elements of adverse possession exist is a question of ____
fact
burden of proof to establish adverse possession is on the ___
adverse possessor
what is the quality of a title acquired by adverse possession?
the same as that of a title acquired by deed, will, or intestate succession

good against the whole world
is parol transfer sufficient for tacking periods of constructive adverse possession where color of title is required?
no.
can an adverse possessor acquire a larger estate or interest than which was claimed throughout the entire period of adverse possession?
no
if an adverse possessor claims a life estate, she can mature the title to
only a life estate
the adverse possessor can acquire no greater title than >>
the person who had the cause of action had during the period of possession
for adverse possession to prevail, must the possessor need to act in good faith?
generally, no.
for adverse possession to prevail, must the possessor need to act in good faith?
generally, no.
first rule of construction is to give effect to the parties' _____
intent.
O, owner in fee simple, conveys Blackacre to "B and his heirs but if B marries X, then to C and his heirs."

Interests? Characteristics?
C has a shifting executory interest

future interest that in order to become possessory must, upon the occurrence of non-occurrence of an event, divest a present interest of another transferee (B) or a vested interest of another transferee.

^ B has a present interet in fee which is divested upon the happening of B marrying X
if an instrument contains two clauses which are contradictory, which governs?
the first clause.
"four corners doctrine"
everything within the 4 corners of an instrument (will, etc) should be considered in determining the intended conveyances of parties
if a deed has a provision directing that a transferee cannot dispose of the property, what is inferred?
it is void as a disabling restraint on alienation
what are the two estates in fee simple?
fee simple absolute and fee simple defeasible
if a deed has a provision directing that a transferee cannot dispose of the property, what is inferred?
it is void as a disabling restraint on alienation
what are the estates in fee simple defeasible?
fee simple determinable
fee simple subject to condition subsequent
fee simple subject to springing executory interest
fee simple subject to shifting executory interest
in an instrument that contains two opposing clauses, which one reigns?
the first one