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81 Cards in this Set
- Front
- Back
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Fee Simple Absolute
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- “To A” or “To A and his heirs” "To A” suffices to create a fee simple absolute.
- This is an absolute ownership of potentially infinite duration. - It is freely devisable; descendible; and alienable. - NO F/I ( Bruce Willis Rule: A living person has no heirs --only prospective heirs.) |
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Defeasible Fees
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1. FSD
2. Fee Simple Subj to Condition Subsequent 3. Fee Simple Subj to an Exec Limitation |
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Fee Simple Determinable
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- “To A for so long as…”.Grantor must use words of duration. If the stated condition is violated, forfeiture is automatic.
- This estate like all of the defeasible fees, is devisable; descendible; and alienable, but always subject to a condition (likely testing ground). - DDA, subj to condition (if condition violated, estate is forfeited) - F/I: PoR FSDPOR + Mick Jagger Ruel - WHILE, UNTIL, SO LONG AS (need clear durational language) |
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Fee Simple Subject to Condition Subsequent
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- “To A, but if X event occurs, grantor reserves the right to re-enter and retake.”
- Here, grantor must use clear durational language and carve out the right to re-enter. - DDA, subj to condition - F/I: Right of Entry/Power of Termination (held by grantor) - It's My Prerogative (BB rule) |
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Fee Simple Subject to Executory Interest
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- “To A, but if X event occurs, then to B.”
- Distinguishing characteristics: This estate is just like the fee simple determinable only now, if the condition is broken, the estate automatically gets forfeited in favor of somebody other than grantor. - Accompanying future interest? Shifting executor interest. Example 5: “To Barry Manilow, but if Manilow ever performs music on the premises, then to Mandy. Barry has Fee Simple Subject to Shifting Executory Interest. Mandy has shifting executor interest. |
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Life Estate
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- Life Estate is present possessory interest in real property which is measured in explicit years and never in terms of years
- Pur Autre Vie: A life estate that is measured by a life other than the grantee’s Ex: To A for life. To A for the life of B. (Pur Autre Vie) |
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Fee Tail
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"To A and the heirs of his body."
- F/I: Reversion or Remaimder in 3P |
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Two IMPORTANT Rules of Construction for Defeasible Fees
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1. Words of mere desire, hope, or intention are insufficient to create a defeasible fee
2. Absolute restraints on alienation are VOID. |
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Two Rules for the LIFE TENANT
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1. He must not commit waste (VpurgePA)
2. He is entitled to all ordinary uses and profits from the land. |
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WASTE
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1) Voluntary - This is overt conduct that causes a drop in value (Destruction).
Exception: PURGE – Prior use, meaning land was used for exploitation; Repairs, the life tenant may consume natural resources for reasonable repairs and maintenance; Grant, the life tenant may exploit if granted the right; Exploitation, meaning that the land is suitable only for exploitation. 2) Permissive Waste or Neglect: This occurs when land is allowed to fall into a state of disrepair 3) Ameliorative Waste: The life tenant must not engage in acts that will enhance the property’s value, unless all future interest holders are known and consent. |
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Future Interests in Grantor
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1) Possibility of Reverter: accompanies only the Fee Simple Determinable
2) The Right of Entry: only accompanies the Fee Simple Subject to Condition Subsequent 3) *****Reversion: a reversion is the future interest that arises in a grantor who transfers an estate of lesser quantum than she started with, other than a FSD or FSSCS. (examples - FS, LE, Fee Tail...) |
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Vested Remainder
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A remainder is vested if it is both created in an ascertained person and is not subject to any condition precedent.
i. the indefeasibly vested remainder ii. the vested remainder subject to complete defeasance iii. the vested remainder subject to open ***always accompanies a preceding estate of KNOWN FIXED DURATION, a LE or Term of Years ***NEVER follows a defeasible fee |
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Contingent Remainder
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Created in either unascertained person OR subject to condition precedent, or both.
EXAMPLES: - To A for life, then to Bs first child. - To A for life, then to Bs heirs. - To A for life, then to those children of B who survive A. |
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An Excutory Interest
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A future interest created in a transferee (a third party), which is not a remainder and which takes effect by either cutting short some interest in another person (shifting) or in the grantor or his heirs (springing).
i. Shifting ii. Springing |
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The Rule of Destructibility of Contingent Remainders
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CL, a contingent remainder was destroyed if it was still contingent at the time preceding estate ended.
Today, Springing Exec Interest. Before, if A died before B turned 21, B's remainder was destroyed Today, B has a springing executory interest. EXAMPLE: To A for life, and if B has reached 21, to B. |
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The Rule in Shelley’s Case
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CL, the rule would apply in one setting only, see below. The present and future interests would merge giving A a fee simple absolute.
Today, LE in A, cont remainder to A's unknown heirs, reversion in O. EXAMPLE: O conveys “To A for life, then, on A’s death, to A’s heirs.” A is alive. ***NOTE: This is a rule of law, so grantor's intent is irrelevant. |
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Doctrine of Worthier Title
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This doctrine is still viable today in most states. It applies when O, who is alive, tries to create a future interest in his heirs.
- If DWT didn't apply, A has a LE and Os heirs have a contingent remainder. - Applied, contingent remainder in Os heirs is VOID. A has a LE, O has reversion. EXAMPLE: O who is alive conveys “To A for life and then to O’s heirs.” ****NOTE: This is a rule of construction, so Grantor's intent controls. |
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Indefeasibly Vested Remainder
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NO STRINGS ATTACHED!
To A for life, remainder to B. - B has an indefeasibly vested remainder. ***Even if B predeceases A, B's future interest passes by his will or intestacy. |
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Vested Remainder Subject To Complete Defeasance (subj to total divestment)
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- String Attached in the form of a Condition Subsequent
- Use the Comma Rule, and when condition language in a transfer follows language that, taken alone and set off by commas would create a vested remainder, the condition is a condition subsequent To A for life, remainder to B, provided, however, that if B dies under the age of 25, to C. A has LE. B has vested remainder subj to complete defeasance. C has a shifting exec interest. O has reversion. |
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Vested Remainder Subject to Open
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Remainder is vested in a group of takers, at least one of whom is qualified to take. But add'l members can still join in.
EXAMPLE: To A for life, then to Bs children. A is alive B has two children, C and D. - C and D have vested remainders subject to open. |
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When is a class closed? Rule of Convenience.
To A for life, then to B's Children. A is alive, B has two children, C and D. |
Class is closed at B's death, and accdg to rule of convenience, at A's death no matter that B is still alive. C and D can demand possession then. A child of B born or conceived thereafter will NOT share in the gift unless a child of B is in the womb at A's death.
**If C or D predeceases A, their shares goes to their devisees or heirs. |
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Shifting Executory Interest
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Always follows a defeasible fee, and cuts short someone other than grantor.
EXAMPLE: To A and her heirs, but if B returns sometime next year, to B and his heirs. A has a FS subj to B's shifting exec interst. B has a shifting exec interest. |
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Springing Executory Interest
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Always cuts short O, the grantor.
EXAMPLE: To A, if and when he marries. To A, if and when he becomes a lawyer. |
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RAP applies ONLY to:
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1. Contingent Remainders
2. Executory Interests 3. Certain Vested Remainders Subj to Open |
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Four-Step Technique for Assessing Potential RAP Problems
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1) Determine which future interests have been created by the conveyance. The RAP applies only to contingent remainders, executory interests, and certain vested remainders subject to open.
2) Identify the conditions precedent to the vesting of the suspect future interest. 3) Find a Measuring life. Look for a person alive at the date of the conveyance condition’s occurrence. 4) Ask: Will we know, with certainty, within 21 years of the death of our measuring life, if our future interest holder(s) can or cannot take? If so, the conveyance is good. If not, the future interest is void. |
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Two Bright Line Rules of Common Law RAP
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1) A gift to an open class that is condition on the members surviving to an age beyond 21 violates the common law RAP.
2) Many shifting executory interests violate the RAP. An executory interest with no limit on the time within which it must vest violates RAP |
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Reform of the RAP
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1) The “Wait and See” Approach: under this majority reform effort, the validity of any suspect future interest is determined on the basis of the facts as they now exist at the end of the measuring life.
2) The Uniform Statutory RAP: codifies the common law RAP and, in addition, provides for alternative 90 years vesting period. |
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Class Gifts
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• When a remainder interest is conveyed to a class of unnamed persons whose members are not yet fully known, the class remains open to allow for future persons who qualify as class members by satisfying the class description – e.g. “children of A”
• Under a rule of convenience, the class closes on a class gift whenever any class member can call for distribution of her share of the class gift – This varies by conveyance |
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Tenancy For Years
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- Fixed Period of time
- States from outset when it will terminate - Greater than one year must be in writing b/c of SoF |
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Periodic Tenancy
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- Continues for successive intervals
- Can be created expressly - Can be created by implication or operation of law (1) land leased with no mention of duration (2) oral term of years in violation of SoF = implied period tenancy (3) holdover in a residential lease if LL elects to hold over a T who stayed past the lease and LL treats as such |
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Tenancy at Will
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- No fixed duration
- Terminable at will of either LL or T |
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Tenancy at Sufferance
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- Created when T has wrongfully held over past the expiration of the lease
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Tenant's Duties (3) RR
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1. Repair
2. Pay Rent 3. Not use for illegal purposes |
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Duty to Repair
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Repair (ordinary repairs)
-not waste - covenants to repair enforceable against non resident only |
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Duty to Pay Rent
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If in possession of premises:
Evict through court or continue relationship and SUE for damages Note: NO SELF HELP! If not in possession of premises: (SIR) 1. Treat abandonment as surrender which LL accepts, but if greater than one yr must be in writing for SoF 2. Ignore abandonment and hold T responsible for unpaid rent (minority) 3. Re-let premises and hold T liable (majority rule) |
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LL's Duties
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1. Not to interfere with T's use and enjoyment of property (Quiet Enjoyment)
2. Implied Warranty of Habitability |
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Quiet Enjoyment
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Implied covenant in every lease includes that T has a right to quiet use and enjoyment of the premises without interference from LL.
1. Breach by a wrongful eviction occurs when LL wrongfully evict T or excludes T (actual or partial) 3. Breach by constructive eviction: 3 Elements: SING a) Substantial Interference – due to LL’s actions or failures b) Notice – T must tell LL about the problem c) Goodbye – LL failed to act. T must vacate within a reasonable time after LL fails to fix the problem T generally not liable for acts of other tenants unless LL must not permit nuisance and must control common areas. |
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Warranty of Habitability (MR3)
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- Applies only to RESIDENTIAL LEASES
- The standard: the premises must be fit for basic human dwelling - T’s entitlements when the implied warranty is breached: MR3 o Move out; o Repair and deduct, allowable by statute in a growing number of jurisdictions. T may make the reasonable repairs and deduct their cost from future rent. o Reduce rent or withhold all rent until the court determines fair rental value. Typically, T must place withheld rent into escrow to show her good faith. o Remain in possession, pay rent and affirmatively seek money damages. |
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The Assignment Versus the Sublease
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In the absence of some prohibition in the lease, a T may freely transfer his or her interet in whole (thereby accomplishing an assignement) or in part (thereby accomplishing a sublease).
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Assignment
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An Assignee stands in the shoes of the original T in a direct relationship with the LL; i.e., the assignee and the LL are in “privity of estate,” and each is liable to the other on all covenant running with the land.
- Example: T1 has 10 month remaining on a two-year term of years. T1 transfers all 10 months to T2. This is an assignment. As a result, L and T2 are in privity of estate. This means that L and T2 are liable to each other for all the covenants in the original lease that promises to run w/ the land. But, LL and T2 are not in privity of contract unless T2 assumes all promises in the original lease. LL and T1 are no longer in privity of estate, but they remain in privity of contract. Thus, LL and T1 are secondarily liable to each other. |
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The Sublease
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A sublessee is the T of the original lessee and usually pays rent to the original lessee, who then pays the LL. A sublessee is not personally liable to the LL for rent or for the performance of any of the covenants in the main lease unless the sublessee expressly assumes the covenants. LL and the Sublessee are in neither privity of contract or privity of estate.
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LL's Tort Liability (CLAPS)
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In CL tort, LL was under no duty to make the premises safe.
1. Common Areas: LL must maintain all the common areas. Bar usually tests using stairwells and hallways. 2. Latent Defects Rule: LL must WARN T of hidden defects that LL knows about or should know about. Remember: a duty to warn, not a duty to repair. 3. Assumption of Repairs: A LL who voluntarily makes repairs must complete them w/ reasonable care. Same with LL who covenants to repair. 4. Public Use Rule: L who leases public space (such as a convention hall or museum) and who should know, b/c of nature of the defect and length of the lease that T will not repair, is liable for any defects on the premises. 5. Short term lease of furnished dwelling: LL is liable for any defects which harm T. |
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Joint Tenancy
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Creation of the Joint Tenancy – the 4 unities (PITT):
T: By the same time T: by the same title I: Identical Shares; and P: Right to Possess All PLUS CLEARLY STATED RT of SURVIVORSHIP |
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Severance of the Joint Tenancy
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SPAM
1) Severance and Sale: - can do so secretly, but Buyer is a TIC - a J/T mere act of ENTERING into K for sale will sever the J/T (2) Severance and Partition – 3 Variations o By voluntary agreement: a peaceful way to end the relationship o By Partition in kind: a court action for physical division of the property. Best when the property is sprawling acreage. o Forced Sale: a court order if in the interests of all parties, the property is sold and proceeds are divided proportionately. (3) Severance and Mortgage o Rule: One joint tenant’s execution of a mortgage or a lien on his or her share will sever the joint tenancy where TITLE theory is followed (MINORITY) o LIEN theory (MAJORITY) will not sever. |
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Tenancy by the entirety
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i. How to create: between married partners w/ the right of survivorship rises presumptively to any transfer of married parties unless stated otherwise.
ii. This is a very protected form of co-ownership o Creditors: of only one spouse cannot touch the property o Unilateral Conveyance: Neither tenant, acting alone, can defeat the right of survivorship by unilateral transfer to a 3rd party. |
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Tenancy in the Common
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i. Each co-tenant owns an individual part and each has a right to possess the whole.
ii. Descendible; devisable; and alienable. There are no survivorship rights between the Tenants in Common. Tested on MBE |
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Rights and Duties of Co-Tenants
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1. Possession: Entitled to posses the whole but not allowed to commit ouster.
2. Rent from tenant in exclusive possession: not liable to others w/o ouster 3. Rent from 3P: must give fair share 4. Adverse Possession: Absent ouster, cannot acquire title to exclusion of others. 5. Carrying Costs: responsible for fair shares of taxes, mortgage interest, etc 6. Repairs: Repairing co-tenant who has told other has right to contribution for reasonable necessary repairs. 7. Improvements: NO right for so-called improvements but at partition, improving co-tenant is entitled to a credit equal to increase due to efforts. 8. Waste: must not commit waste! |
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Easement Rules
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An easement is the grant of a non-possessory property interest that entitles its holder to some form of use or enjoyment of another’s land, called the servient tenement.
Affirmative easement gives right to do something on servient land. (PING) Negative easement entitles the holder to prevent the servient landowner from doing something that would otherwise be permissible. (LASS) |
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Easement Appurtenant
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It takes two baby! Two parcels are involved. Dominant tenement draws the benefit and the servient tenement is burdened.
***The appurtenant easement passes automatically with the dominant tenement regardless of whether it is even mentioned in the conveyance. Further, the burden of the easement appurtenant also passes automatically with the servient estate unless the new owner is a bonafide purchaser without notice. |
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Easement in Gross
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The easement is in gross if it confers upon its holder only some personal or pecuniary advantage that is not related to his use or enjoyment of his land. Here, servient land is burdened. However, there is no benefited or dominant tenement.
EX: Billboards, powerlines, right to fish or swim, etc ***An easement in gross is not transferable unless it is for commercial purposes. |
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Creation of an Affirmative Easement
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PING
a) Grant: an easement to endure for more than one year must be in a writing that complies with the formal elements of a deed. b) Implication: the previous uses was apparent and the parties expected would continue because it is reasonably necessary to the dominate use and enjoyment. c) Necessity: the landlocked setting. An easement of right of way will be implied by necessity if grantor conveys a portion of his land with no way out except over part of grantor’s remaining land. d) Prescription: An easement may be acquired by satisfying the elements of Adverse Possession. Remember COAH: Continuous use for the statutory period; Open and Notorious; Actual Use; and Hostile. |
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Termination of an Easement
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END CRAMP
1) Estoppel: here, the servient owner materially changes his or her position in reasonable reliance on the easement holder’s assurances that the easement will no longer be enforced. 2) Necessity: Easements created by necessity expire as soon as the need ends. However, if the easement, attributable to necessity, was nonetheless created by express grant, it will not end automatically once the necessity ends. 3) Destruction of the Servient Estate: destruction of the servient land, other than through the willful conduct of the servient owner will end the easement. 4) Condemnation of the Servient Estate: the easement will also terminate through eminent domain by the government. 5) Release: A written release, given by the easement holder to the servient owner will terminate the easement. 6) Abandonment: The easement holder must demonstrate by physical action a intent to never use the easement again. Need physical action like erecting structure. 7) Merger Doctrine: The easement is extinguished when title to easement and title to servient land become vested in the same person. Note: if complete unity of title is achieved, the easement is extinguished. Even though there may be later separation of title in which case the easement is not revived 8) Prescription: the sevient owner may extinguish the easement by interfering with it in accordance with the elements of adverse possession. Remember COAH. |
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License
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o Licenses are not subject to the statute of frauds. Thus, you do not need a writing to create a license.
o Licenses are freely revocable at the will of the licensor, unless estoppel applies. EX: Tickets or neighbors talking by the fence REMEMBER: Oral easement = freely revocable license |
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License Estoppel Theory
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If a licensee invests substantial amounts of money or labor in reliance on the license, the licensor is estopped to revoke. The license becomes an easement by estoppel, which lasts until the holder receives sufficient benefit to reimburse him for his expenditures.
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License Coupled with an Interest
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A license coupled with an interest is irrevocable as long as the interest lasts. For example, the vendee of a chattel may enter the seller’s land to remove the chattel and a future interest holder may enter and inspect the land for waste.
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Invalid Easement as License
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A failed attempt to create an easement results in a license. Thus, if a grantor orally grants an easement for more than one year, it is unenforceable because it is not in writing. The grantee does not have a valid easement but does have a license.
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Covenants Rules
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The covenant is a promise to do or not to do something related to land. It is unlike the easement because it is not the grant of a property interest, but rather a contractual limitation or promise regarding land.
Covenants can be negative (known as restrictive covenants): The restrictive covenant is a promise to refrain from doing something related to land. Whereas, the affirmative covenant is a promise to do something related to land. ***How to know to construe the given promise as a convenat or as an equitable servitude: on the basis of remedy. If plaintiff seeks money damages, then dealing with a covenant. If plaintiff is seeking an injunction, then dealing with an equitable servitude. |
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Elements Necessary for the Burden to Run
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WITHN
i. Writing: original promise between A and B was in writing; ii. Intent: original parties A and B intended the covenant to run. Note. Courts are generous in finding the requisite intent. iii. Touch and concern the land: the promise must affect the parties’ legal relations as landowners, and not simply as members of the community at large. Note: Covenants to pay more money to be used in connection with the land (such as homeowner’s association fees) and covenants not to compete do touch and concern the land. iv. Horizontal and Vertical Privity: both are needed for the benefit to run. Horizontal Privity: horizontal privity refers to the nexus between the original parties A and B. It requires that they be in succession of estate, meaning that they were in a grantor/grantee or LL/T or Mortgagor/Mortgagee relationship. Note: Horizontal Privity is hard to establish. It is likely sticking point. Usually the reason why the burden will not run. Vertical Privity: refers to the nexus between A and A-1. It simply requires some non-hostile nexus, such as a contractual; devise; or descent relationship. The only time that vertical privity will be absent is if A-1 acquired her interest through adverse possession. v. Notice: the burdened party had notice of promise when she took. |
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Elements Necessary for the Benefit to Run
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WITV
i. Writing: original promise between A and B was in writing. ii. Intent: the original parties intended that the benefit would run iii. Touch and Concern: the promise effects the land iv. Vertical Privity: non-hostile nexus between the original benefited party to benefited party. (B to B1) |
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Equitable Servitude Rules
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An e/s is a negative covenant enforceable by injunction. Equity will enforce against the assignees of the burdened land who have notice of the covenant.
i. Writing: original promise between A and B was in writing. ii. Intent: the original parties intended that the benefit would run iii. Touch and Concern: the promise effects the land iv. Notice: the successors of the burdened land had notice. |
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Reciprocal Negative Equitable Servitude or Implied E/S
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Under Common Scheme doctrine the court will imply a negative servitude to hold the unrestricted lot holder to the restrictive covenant.
REQ's: i.When the sales began, the sub-divider, had a general scheme of residential development which included developer’s lot; ii. The defendant lot holder had notice of the promise contained in the prior deeds. There are three forms of notice potentially imputed to Defendant: (AIR) - Actual notice, meaning literal knowledge of the prior deed; - Inquiry Notice, meaning that the neighborhood conforms to the common scheme. - Record notice, meaning that the form of notice sometimes imputed to buyers on the basis of publically recorded documents. Note: with respect to record notice, the courts are split. Some take the view that the a subsequent buyer is on record notice of the contents of prior deeds transferred to others by a common grantor. The better view, taken by other courts, is that the subsequent buyer does not have record notice of the contents of those prior deeds transferred to others by the common grantor. |
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Defenses to Equitable Servitude
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- Changed Conditions: the changed circumstances alleged by the party seeking release from the terms of an equitable servitude must be so pervasive that the entire area has changed.
NOTE: Mere pockets of limited change is not enough. |
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Lateral Support
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1) Support of Land in Natural State
2) Support of Land with Buildings |
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Subjacent Support
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1) Support of Land with Buildings
2) Interference with Underground Waters |
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The Land K
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i. The standard: the Land contract must be in writing signed by the party to be bound and it must describe the land and state some consideration.
ii. When the amount of land recited in the land contract is more than the actual size of the parcel, the remedy is specific performance in the form of a pro rata reduction in purchase price. |
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Doctrine of Part Performance
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If on your facts, you have two of the following three, the doctrine is satisfied and equity will decree specific performance of an oral contract.
a) Buyer takes possession; and/or b) Buyer pays all or part of the purchase price; and/or c) Buyer makes substantial improvements |
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Destruction
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If, in the interim between contract and closing, Blackacre is destroyed through no fault of either party, Buyer bears the risk of loss unless the contract specifies otherwise.
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Two implied promises in every land sale contract
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a) Seller Promises to Provide Marketable Title
Three Circumstances that will render title unmarketable: - Adverse Possession - Encumbrances - Zoning violations: b) Seller Promises Not to Make Any False Statements of Material Fact - The majority of states now also hold seller liable for failure to disclose latent defects. Seller is liable for material lies and material omissions. - If the contract contains a general disclaimer of liability, the disclaimer will not excuse seller from liability for fraud or failure to disclose. |
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Lawful Execution of a Deed
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- The standard: must be in writing signed by grantor. Note: the deed need not recite consideration, nor must consideration pass to make a deed valid.
- The description of the land does not have to be perfect, the requirement is only an unambiguous description and a good lead. |
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The Delivery Requirement
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Delivery does not necessarily require actual physical transfer of the instrument itself. The standard for delivery is a legal standard, and is a test solely of present intent. Ask: did Grantor have the present intent to be bound, irrespective of whether or not the deed was handed over?
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The Quitclaim:
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Releases whatever interest the grantor has. No covenants of title are included or implied.
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The General Warranty Deed
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i. The Covenant of Seisin: grantor promises that he owns the estate
ii. The Covenant of right to convey: grantor has the power to transfer. Not temporary restraints on the capacity to sell. iii. The Covenant against encumbrances: no servitudes or liens iv. The Covenant for quiet enjoyment: grantee will not be disturbed in possession by third parties who have lawful claims of title. v. The Covenant of Warranty: grantor promises to defend grantee against any lawful claims of title brought by others. vi. The Covenant for further assurances: grantor will do what is needed in the future to perfect title. |
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The Statutory Special Warranty Deed
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i. Grantor promises that he has not conveyed Blackacre to anyone other than grantee. And
ii. Blackacre is free from encumbrances made by grantor. |
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Bona Fide Purchaser
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One who: (i) purchases for value and (ii) without notice and (iii) pay valuable consideration.
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"A conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, unless the conveyance is recorded.”
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The Notice Statute
- Last BFP prevails if at the time buyer takes, he is a BFP. |
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“Any conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, whose conveyance is first recorded (tip-off).”
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The Race-Notice Statute
- First BFP to record wins! - To prevail, Buyer must (1) be a BFP and B must (2) win the race to record. |
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" No conveyance or mortgage of an interest in land is valid against any subsequent purchaser whose conveyand is first recorded."
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Race Statute
- Grantee who records first wins! |
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Shelter Rule
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One who takes from a BFP will prevail against any entity that the transferor-BFP would have prevailed against. In other words, the transferee “takes shelter” in the status of her transferor, and thereby “steps into the shoes” of the BFP even though she otherwise fails to meet the requirements of BFP status.
O to A, no record. O to B, BFP, records. B conveys to C (donee or knowledge of O to A). C wins. |
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Wild Deed
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If a deed, entered on the records, has a grantor unconnected to the chain of title, the deed is a wild deed. It is incapable of giving record notice of its existence.
Example: O sells Blackacre to A, who does not record. Then, A sells to B. B records the A-to-B deed. The A to B deed is therefore a wild deed. Further, O then sells Blackacre to C. C has no notice of the O to A or A to B conveyances. C records. The doctrine of the wild deed will have C prevailing in both a notice or race-notice jursidictions. |
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Estoppel by Deed
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one who conveys realty in which he has no interest is estopped from denying the validity of that conveyance if he later acquires that previously transferred conveyance.
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Water RIghts
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1. Riparian Doctrine: water belongs to those who own the land bordering the watercourse.
2. Prior Appropriation Doctrine: Individuals acquire rights by actual use determined by priority of beneficial use. |
