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97 Cards in this Set

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Heirs are the people who what?
Heirs inherit real property from a decedent who dies intestate.

*identified by statute
*heirs are determined at the time of death
*living people can have NO heirs, only heirs apparent.
To devise means to do what?
Devise means to pass real property by will.
What is the difference between a devisee and an heir?
A devisee is the person receiving the property through a will.

*A Heir is never in a will
To bequeath means to do what?
To bequeath is to pass personal property by will.

*a decedent who dies testate "bequeaths" his personal property to those named in the will.

*The property itself is called a bequest.
What is the difference between a person's issue's and a person's ancestors?
Issues are lineal descendants DOWN the line...children, grandchildren, and all other lineal descendants to the point where the biological line dies out.
Name some examples of a person's collaterals.
Nieces, uncles, aunts
What is the term for a person's children and grandchildren?
Issue
What is the term for a person's parents, grandparents, and great grandparents?
Ancestors
Does land conveyed by O to A held in fee tail pass to A's issues by inheritance?
A's issues do not inherit the fee tail or receive it by devise!

*Land held in fee tail can not be sold, gifted or devised in A's will.

*When A dies, the land will automatically pass to A's issues and so forth. On an On until the bloodline ends naturally.
Ratione Soli deals with what?
Ratione Soli is constructive possession.
A finder of property has rights except to who?
A finder has rights except to the true owner or any previous owners.
Trover means to what?
Recover the VALUE of the property.
Replevin means to what?
Recover the PROPERTY itself.
Quasi-Property is a legal concept, in which some rights similar to ownership may accrue to a party who does an act which what?
to an act which benefits society as a whole.

*Like newspaper articles
The finder has a better title to the property he found that everyone except.........?
Everyone except the true owner or prior possessors.
When property is found within a home.....who gets it?
Property within the home is presumed to be within constructive possession of the owner of the home.

*The true owner is most likely to return to the home to recover the lost property.

*The owner of the home is entitled to the lost property, until the true owner comes to reclaim it.
What is mislaid property?
mislaid property is property intentionally laid down and involuntarily left behind.
What if I forget my purse in a hair salon and someone finds it...who gets it?
PP: We want to reunite people with their property.

The hair salon owner would get it!

*The mislaid property creates a bailment that the hair salon owner holds the purse for the true owner & the finder acquires no rights in the property.
What is Alienability and why is this good?
It is the ability to transfer property freely.

It's good because it encourages the upkeep & respect of the property.
Name the 8 elements of Adverse Possession
re-write the answers here!
What is color of title?
This is when the possession is founded on a written instrument that is for some reason defective.
What is the exception to color of title?
If the true owner is in occupancy, the AP only gets what he physically possesses.
In order to Tack your time to a previous adverse possess, what must you have?
In order to add your time to someone who adversely possessed before you, you must have privity.
What are some ways to have privity in order to tack your time to a previous adverse possessor?
privity of contract

privity of estate

**privity of possession by giving permission (MOST COMMON)
An adverse possessor can acquire more property than he actually possesses by having what?
Color of title. When they get a deed for the property, there is something wrong with the deed....so they get more.

**only exception is if the true owner is in actual possession of the property. The AP will only get what he actually possesses.
What is the rule of capture as laid out in Pierson v. Post? (sport)
Mere pursuit alone is insufficient for killing and keeping a fox.

*important to remember this was a wild animal on public land
What is the rule of capture as laid out in Ghen v. Rich? (business)
The whale goes to the whaler who killed it, NOT the finder.
The duck case taught us what about businesses?
It's okay to compete, but you can't maliciously interfere to hurt the other business.
What are some of the reasons that adverse possession is in place?
1- AP punishes owners who "sleep" on their rights, and rewards AP's who "earn" rights by possession.

2- AP encourages the productive use of property

3- AP furthers the alienability of land
When does the statutory period begin for Adverse Possession?
The statutory period begins when the cause of action accrues (when A enters and begins to AP)
Under a claim of title theory does the state of mind matter?
The state of mind is irrelevant. It can be a good faith claim of ownership or an aggressive trespasser, who knew he did not own the property, but entered from the beginning to gain title.
What does "relation back" mean when we're thinking about adverse possession?
Once the statutory period ends, a new title vests in the AP which is dated back to the day the AP entered the property.

*it operates as thought he new owner has held title since that event.
What is the exact definition of tacking?
It is the "joining of two consecutive periods of possession by different persons to treat the periods as one continuous period.
What is the exact definition of Privity?
Privity is the connection or relationship between two parties, each having a legally recognized interest in the same subject matter.
What are the three types of Privity?
Privity of Contract

Privity of Estate

Privity of Possession
Assuming a 10 year statute..In 1996, A adverserly enters property owned by O. In 2003, B kicks A off and enters possession. In 2006, who owns the property.
O still owns the property because B did not have privity of contract with A.
If A adversely enters property in 1996 owned by O, and A then leaves under threat of B in 2003 but returns in six months, If O does nothing, when will A own the property.
The statute will be tolled because A left involuntarily. She gets credit for 7 years, not the six months. If O kicked her off it would be difference because he is the true owner.
Assuming a 10 year statute...in 1990, A adversely enters property owned by O in fee simple absolute. IN 1991, O dies leaving a will that devises the property to B for life, remainder to C. In 2006, B dies without having ever entered the property. Who owns it?
A owns it because A stole from O and O has all rights to the property. Any subsequent transfer of property by O DOES NOT restart the statute.
Can I adversely possess land owned by the government?
NO...government land is said to be for the benefit of all the people, who should not lose it because of the negligence of a few government employees.
What is the definition of a Symbolic Delivery?
This is when you hand over something symbolic of the property.....like a written instrument declaring the gift.
What is the definition of a gift Causa Mortis?
This is a gift made in contemplation of death from some immediate illness.

**If the donor does NOT die he gets the gift back.
What is an Intervivos Gift?
This is a gift between living persons.
What three things MUST be present to make a valid gift?
(1) Intent to make a PRESENT transfer (give up title now)

(2) Delivery of the gift to the donee

(3) Acceptance of the gift (if it's of value, it's assumed to be accepted)
What is the general rule for delivery of gifts?
If it can be handed over, it must be.I
Don't forget about a bailment situation when pertaining to invervivos gifts....what does this mean?
A bailee is the person temporarily and for a limited time holding the property.

*If the bailee dies while still in possession...it still belongs to the owner
Is it a valid gift if someone says "I promise to leave you this ring when I die?"
No, because their was no intent to make a present transfer. There was no delivery. There is nothing irrevocable about this gift.

**there were no legal rights handed over.
Why are wills preferred over gifts causa mortis by the courts?
Because wills have a witness requirement, thus protecting against fraud.
Name the 7 Possessory Estates.
Fee Simple Abslute
Fee Simple Determiniable
FSSCS
Life Estate
Term of Years
Fee Tail
Fee Simple Subject to Executory Limitation
How long does a fee simple defeasible last?
A fee simple may last forever, or it may come to an end upon the happening of an event in the future.
Give an example of a fee simple determinable.
O to Z's house of music, so long as the premises are used for musical purposes.

**If it ceases to be used for musical purposes it will AUTOMATICALLY revert back to O.
Name some words that will create a determinable fee.
So long as, while, during, and until.

*durational words
Name some words that will create a FSSCS.
but if, provided, however, on the condition that.

*words indicating a condition
What estate type is used as a mechanism for keeping estates in land in the family?
Fee Tail

*O to A and the heirs of his body

~when the bloodline of A runs out, the property reverts back to O or O's heirs if O is dead.
What are some bad things that restraints on alienation does?
*makes property unmarketable & unavailable for its best use

*Perpetuates the concentration of wealth

*Discourages improvements on land
What is the purpose of the doctrine of waste?
The purpose of the doctrine of waste is to avoid uses of the property that fail to maximize the property's value.
Affirmative waste arises from what sort of acts?
VOLUNTARY
Permissive waste arises from what sort of acts?
Negligence and damages may be assessed.
What are future interests?
Future interests are presently existing property rights which give legal rights to their owners which are protected by the courts.
What future interests are retained by O, the Transferor?
Reversion, Possibility of Reverter, Right of Entry.
What future interests are retained by the Transferee?
Vested or contingent remainder or an executory interest.
What does a Reversion look like?
O to A for life.

~When A dies, the property reverts back to O
When must a remainder be created?
Remainders follow a life estate or a term of years. They must be created at the same time as the life estate or term of years.
When do remainders vest?
Remainders wait patiently until the earlier interest ends and then they take.
How do you know if a remainder is vested?
A remainder is vested if:

~it is given to a born & identified person AND

~It is not subject to a condition..nothing needs to happen other than the earlier interest needs to naturally end.

O to A for life, then to B...B has a vested remainder.
How do you know if a remainder is contingent?
A remainder is contingent if it is given to an unascertained person.

~It's made contingent upon some event occurring other than the natural termination of the preceding estate.

~~A for life, then to C if she has graduated from law school;
Are B's heirs ascertained if we say..A for life, then to B and her heirs if B survives A?
NO....B's heirs cannot be ascertained until B dies.

This gives B a contingent remainder.
If a remainder is contingent, what does O have??
If a remainder is contingent, O retains a reversion.
What is the difference between a vested and contingent remainder?
vested remainders become possessory when the preceding estate ends.

contingent remainders cannot become possessory so long as they remain contingent.
What future interests are subject to the rule against perpetuities?
Contingent Remainders and Executory Interests and ??
Who has what? O to A for life, then to B for life, then to C and her heirs.
A has a life estate, B has a life estate, C has a vested remainder.
Who has what? O to A and B for their joint lives, then to the survivor in fee simple
A & B have life estates, The remainder is contingent on either A or B dyeing first.
O to A for life, then to B and his heirs, but if B dies under the age of 21, to C and her heirs. B is age 15. Who gets what?
A has a life estate, B has a vested remainder fee simple subject to an executory limitation, C has a executory interest.
O to A for life, then to B and her heirs, but if A is survived at his death by any children, then to such surviving children and their heirs. At the time of the conveyance, A is alive and has two kids, C & D.
A has a life estate, B has a vested remainder subject to an executory interest, C & D have executory interests.
What is the Rule Against Perpetuities Exactly?
'No interest is good unless it must vest, if at all, not later than 21 years after some life in being, at the creation of the interest"
O'Malley conveys Tealacre to Arnold for life, the to Brooke and the heirs of her body. What interest do each people have?
Arnold has a life estate, Brooke has a vested remainder in fee tail, O has a reversion.
O conveys to A for life, then to the heirs of Bessie.
A has a life estate, The heirs have a contingent remainder, O has a reversion.
O conveys to A for life, then to B, but if B dies under the age of 21, to C and her heirs.
A has a life estate, B has a vested remainder, C has an executory interest
What is the purpose of the rule against perpetuities?
To promote a limited amount of time within which a contingency will encumber the free marketability of the property.
If an interest is created by a will, who is the measuring life for a RAP analysis?
If an interest is created by a will, the measuring life must be a person ALIVE at the testators death.
If an interest is created by a deed (between two living people), who is the measuring life for a RAP analysis?
If the interest is created by a deed, the measuring life must be a person ALIVE at the time of the transfer.
We must be certain that a contingent interest vests...when?
no later than 21 years after the death of some person alive at the creation of the interest.
Who is the measuring life? O to A for life, then to A's first child to reach 21.
A is the measuring life. You can prove that any child of A who reaches 21 will do so within 21 years of A's death.
T devises property to "my grandchildren who reach 21." T leaves two children and three grandchildren under 21. Who is the measuring life?
The measuring lives are T's two children.
Does the RAP apply to charitable organizations?
If both the possessory estate and the contingent future interest are both charitable organizations, the RAP does not apply.
If an interest violates the RAP, what happens?
When an interest violates the RAP, it is struck out and the remaining valid interests stand.
O to A for life, then to B if B attains the age of 31. B is now 2 yrs old. Is the conveyance good?
A has a life estate, B has a contingent remainder, O has a reversion. RAP is not violated
Under the RAP, a class gift is not vested until when?
Under the RAP, a class gift is not vested in any member of the class until the interests of all of the members are vested.

**The class must be closed (every member must be identified)
O to A for life, then to Brad, but if Brad uses the land for a tavern, then to Cathy. Who has what type of estate and is RAP violated?
A has a life estate, B has a fee simple subject to condition subsequent
Opal to Easter Seals (a charity), but if the land is ever leased to another grantee, then to Adelaide. Who has what type of interest and is the RAP violated?
We will never know, so Adelaides interest violates the RAP.
What are the three types of co-ownership of property?
Tenancy in Common

Joint Tenancy

Tenancy by the Entirety
How do you convey property to Tenants in common?
O to A and B as tenants in common

OR

O to A and B
What is a benefit to Joint Tenants?
O to A and B as joint tenants.

*when one dies, the one surviving gets everything in fee simple absolute.

whether one dies testate or intestate, the other owns the property outright.
What are the four unities required to creat a joint tenancy?
TTIP

time,
title,
interest, and
possession.
A joint tenancy can never arise by what???
A joint tenancy can NEVER ARISE BY INTESTATE SUCCESSION.
A joint tenancy can by severed to create a tenancy in common in what ways?
(1) mutual agreement

(2) One joint tenant can convey his interest to a 3rd party

(3) Death of a joint tenant
A tenancy by the Entirety can only be created between who?
A tenancy by the entirety can only be created in husband and wife.
What are the four plus one unities required to create a tenancy by the entirety?
TTIP M

Time, title, interest, possession & marriage.