Property

Front 1

Is title gained by adverse possession but not yet adjudicated sufficient to provide marketable title

Back 1

No - Title would require a suit and recording of a decree

Front 2

To Peter and Paula for their joint lives and upon the death of the first of them to die to the survivor - but if Patrick outlives both of them to patrick

Back 2

Peter and Paula have a joint life estate for the life of the one who lives the longest, and Peter, Paula and Patrick have contingent remainders ?? Answer in book said life estate ends when the first one dies.

Front 3

Adverse Possession and Disabilities

Do you always calculate a tolling of the ap SOL when there is a minor involved

Back 3

Do not assume disability statute in adverse possession applies unless explicity state in the question

Front 4

Does a tenant who owns a property with their spouse as tenants by the entirety have the right to convey their interest to a third party?

Back 4

No - neither party is allowed to convey their interest to a third party without consent.

Front 5

Rule in Shelly's Case

Back 5

One instrument
Creates a life estate in A and purports to create a remainder in A's heirs( or heirs of a's body - the life estate and remainder are both legal

Then - re remainder becomes in FSA and merges the LE into the remainder and A has a FSA that is immediately alienable.

Front 6

Is it possible for one cotenant to gain exclusive ownership by adverse possession

Back 6

Only if they exclude the other tenant and actually create an ouster. They must demonstrably exclude the other from possession or if the cotentant can be deemed to have constructive notice based on the actions of the possessor.

Front 7

Amelioriative Waste

Back 7

Surrounding circumstances have changed
The circumstances have substantially reduced the value of the property
the "waste" substantially enhances the value to the life estate and all remainder men

Front 8

Permissive Waste

Back 8

Failure to maintain the estate, both physically and financially. This requires ordinary repairs, pay taxes, or pay interest on the mortgage by the life tenant or the lessee of a leasehold estate.

Front 9

Affirmative Waste

Back 9

Any material change voluntarily made to the estate that intentionally or negligently causes harm to the estate or depletes its resources, unless this depletion is a continuation of a pre-existing use

Front 10

Waste Doctrine

Back 10

A cause of action for an injunction or damages brought by the holders of the future possessory estate against the current tenants for misusing the land.