Legal Analysis - Property

Front 1

Land Acquisition:

Hostile; open and notorious; continuous; exclusive; actual

Back 1

Adverse possession

Front 2

land acquisition:

1) Without the true owner’s permission
2) Look for permission from not true owner.

Back 2

adverse possession:

Hostile

Front 3

land acquisition:

nough use to put the true owner on notice
2) It must be put the land to its intended use

Back 3

adverse possession:

open and notorious

Front 4

land acquisition:

1) For the statutory period
2) For common law, it is 20 yrs.
3) Look for tacking – when you can tack on your time to someone else’s. You need privity though.
4) Continual use means seasonal use.

Back 4

adverse possession:

continious

Front 5

land acquisition:

1) Excludes others from possession, true owner. Not open to the public.

Back 5

adverse possession:

exclusive

Front 6

land acquisitions:

1) Actual Possession of the entire parcel.

Back 6

adverse possession:

actual

Front 7

land acquisition:

f. Title by adverse possession is not valid title, so the adverse possessor needs to get judgment for title to be valid before they convey title.

Back 7

adverse possession

Front 8

land acquisition:

i. Grantor promises that she has the estate she purports to convey (both title and possession)

Back 8

land sale contract issues: 6 warranties:

seisen

Front 9

land acquisitions:

i. Grantor promises that she has the authority to make a grant (that she has title)

Back 9

land sale contract issues: 6 warranties:

right to convey

Front 10

land acquisition:

i. Grantor promises there are no encumbrances on the land other than those previously disclosed to the buyer.

Back 10

land sale contract issues: 6 warranties:

free from encumbrances

Front 11

land acquisition:

i. Grantor promise to defend against reasonable claims of title by a third party, and to compensate the grantee for any loss sustained by the claim of superior title.

Back 11

land sale contract issues: 6 warranties:

warranty of title

Front 12

land acquisition:

i. Grantor promises that the grantee will not be disturbed in possession by a third party’s lawful claim of title.

Back 12

land sale contract issues: 6 warranties:

quiet enjoyment

Front 13

land acquisitions:

i. Grantor promises to perform acts reasonably necessary to perfect the title conveyed (will fix any problems with title).

Back 13

land sale contract issues: 6 warranties:

further assurances

Front 14

land acquisitions:

b. Doctrine of merger
c. SOF – part performance exception
d. Performance under a land sale K akin to breach
e. Quitclaim deed conveys whatever interest seller has
f. Covenant to transfer marketable title, free from defects
g. Time is not of essence, unless stated in K
h. General warranty deed contains

Back 14

land sale contract issues

Front 15

land acquisitions:

1) Execution of the Deed–
i. Must be in writing and signed by the seller
ii. Describe the land with sufficient accuracy so as to allow you to identify the property transferred
iii. Words of Present Transfer
2) Delivery of Deed
i. The grantor must have intent to pass title
3) Accepted
i. Deed must be accepted.

Back 15

Deeds: three requirements for the deed to effectively pass title: Must Be

Front 16

Land acquisitions:

(becomes an issue when someone sells property to A and then sells the same property to another) (a deed doesn’t have to be recorded to be valid)

Back 16

recording

Front 17

land acquisition:

person who pays full value and has no actual, constructive, or inquiry notice of the prior installment).

Back 17

recording: bonafied purchaser for value

Front 18

land acquisition:

1) Whoever records first will keep the property, must be first to record.

Back 18

recording: race statute

Front 19

land acquisitions:

1) A subsequent BFP for value and without notice takes over a grantee that did not record

Back 19

recording:

notice

Front 20

land acquisitions:

1) A subsequent bona fide purchaser who took without notice prevails over a prior grantee only if he records before the prior restraint.

Back 20

recording:

race notice

Front 21

land acquisition:

1) Actual Notice - no matter how he found out
2) Inquiry notice – reasonable person would have inquired
3) Constructive notice – record notice

Back 21

recording:

notice: who takes in good faith without notice

Front 22

land acquisition:

a. Terms
1) Buyer/borrower (mortgagor)
2) Lender (mortgagee)
3) Interest is equity of redemption
b. Foreclosure occurs upon default
c. Anti-deficiency statutes – it limits mortgagee collecting to the value of the property and mortgagee can’t go after mortgagor for deficiency.
d. Deed of trust – it allows deficiency judgment (they can take what’s left of the property and come after you) if the mortgagee uses judicial foreclosure and it is the property that bears the mortgagee is not a single-family residence or it is less than 4 single family residence.

Back 22

Mortgage

Front 23

land use:

A non – possessory property right giving the holder the right to use another’s tract of land for a special purpose (i.e. to lay pipe, to access a road or lake)

Back 23

easements

Front 24

land use:

Easement that benefits the holder in his physical use or enjoyment of another tract of land. The benefit of the easement passes with the transfer of the benefited land, regardless of whether it is mentioned in the deed/conveyance.

Back 24

easement appurtenant

Front 25

land use:

Where the holder acquires a right to use the servient estate independent of his possession of another tract of land (i.e. the easement benefits the holder rather than another parcel of land)

Back 25

easement in Gross

Front 26

land use:

Either expressly granting an easement to a third party or expressly reserving an easement for yourself only in a sale. Must be in writing and signed by the holder of the servient estate .

Back 26

easement creation:

express easement

Front 27

land use:

where the grantor passes title to piece of property but reserves right to continue use for special purpose.

Back 27

easement creation:

easement by reservation

Front 28

land use:

requires common ownership of property, plus absolute necessity

Back 28

easement creation:

easement by necessity

Front 29

land use:

requires common ownership of parcel before it was separate with prior use before separation of property and reasonable necessity

Back 29

easement creation:

easement by implication

Front 30

land use:

easement gained by adverse possession. You can never acquire easement by prescription of public lands.

Back 30

easement creation:

easement by prescription

Front 31

land use:

1) Court will anticipate present and future needs

Back 31

easement scope

Front 32

land use:

1) Involuntary destruction
2) Condemnation
3) Stated conditions
4) Merger
5) Abandonment
6) Estoppel – you can abandon by oral agreement, plus detrimental reliance
7) Written release
8) Prescriptive easements terminate by non-continuous use
9) End of necessity

Back 32

easement termination

Front 33

land use:

overuse of an easement
1) The remedy is not to wipe out the easement, it is to enjoin the conduct that is overuse

Back 33

easement surcharge

Front 34

land use:

applies when trying to restrict someone else’s use of their property and seeking money damages in court of law. Burden runs where there is. Four requirements for enforcement:

Back 34

covenants

Front 35

land use:

1) Intent - intent to bind successive people
2) Notice – actual, inquiry or constructive notice.
3) Horizontal (offeror and offeree shares interest in land independent from covenant) and vertical privity (where person has been transferred entire interest) between original contracting parties
4) Touches and concerns land – the benefit to the dominant estate has increased use and enjoyment, and servient estate has a restricted use

Back 35

covenants four requirements

Front 36

land use:

1) Intent
2) Vertical privity
3) Touch and concerns land

Back 36

covenant benefits

Front 37

land use:

1) Applies when tying to get an injunction in order to enforce the burden of a covenant/promise

Back 37

covenants:

equitable servitude

Front 38

land use:

you use this to imply a restriction when there isn’t one in writing – where the original owner of property intended a common plan or scheme and the purchaser has actual, constructive or inquiry notice of the scheme.

Back 38

covenants:

implied reciprocal servitudes

Front 39

future interests:

1. Interests that exist now, but will not become possessory, if at all, until sometime in the future.

Back 39

future interests

Front 40

future interests:

all conveyances are presumed to be in fee simple absolute, unless there is a clear intent to the contrary.

Back 40

fee simple absolute

Front 41

futute interests:

Same as a fee simple absolute, but subject to a condition which, if it occurs, gives the grantor the option to reenter and retake the land.

Back 41

fee simple subject to a condition subsequent

Front 42

future interests:

A fee simple estate that, upon the happening of a stated event, is automatically divested in favor of a third person rather than the grantor.

Back 42

fee simple subject subsequent executive interest

Front 43

future interests:

“To A for Life”. Estate measured by the life or lives of one or more persons.

Back 43

life estate

Front 44

future interests:

Taker is either not born or not ascertainable or there is a condition precedent that must be satisfied before the estate can become possessory. .

Back 44

contingent remainder

Front 45

future interests:

– two people can take, but once one meets condition they take first

Back 45

alternative contingent remainder

Front 46

future interests;

When the taker is a class or at least one class member already exists, but more members of the class could come along to partially divest the interests of the other class members.

Back 46

vested remainder subject to open

Front 47

future interests:

The class will close whenever any class member is entitled to a distribution.

Back 47

rule of convenience

Front 48

future interests:

applies only to contingent remainders, vested remainders subject o partial or complete divestment, or executory interests. No interest is valid unless it must vest, if at all, within a life in being at the creation of the instrument, plus 21 years.

Back 48

rule against perpetuities

Front 49

future interests:

a. Classify interests: as an Executory interests, contingent remainder, vested remainder subject to open
b. Identify relevant lives in being – if all are dead, then it violates rule against perpetuities
c. Determine triggering event – what makes interest vest
d. Think what might happen
e. Reclassify

Back 49

rule against perpetuities

Front 50

Concurrent Estates:

Estate held by several persons, all of whom have the right to enjoyment and possession of the land, and a right of survivorship.

Back 50

concurrent estates

Front 51

concurrent estates:

Marital estate akin to joint tenancy that, in common law jurisdiction, arises presumptively in any conveyance to a husband and wife. Can only be severed by death, divorce, mutual agreement, or execution by joint creditor of both spouses.

Back 51

tenancy by entirety

Front 52

concurrent estates:

Only requirement is unity of possession, can be held in different interest, but they each must be entitled to possession. Freely alienable, and no right of survivorship.

Back 52

tenancy in common