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23 Cards in this Set
- Front
- Back
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what's Actual notice ?
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direct knowledge of the promises contained in those prior deeds
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what's Inquiry notice?
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neighborhood seems to conform to common restrictions (e.g., residential). The lay of the land.
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what's Record notice?
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form of notice imputed to buyers on basis of publicly recorded documents
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does subsequent buyer have record notice of the contents of those prior deeds transferred to others by the common grantor ?
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no
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if the scheme arises after some lots are sold, is their implied servitude?
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no implied servitude can arise with respect to the lots already sold without express covenants
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what's changed condition as Equitable defense in the enforcement of an equitable servitude?
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alleged by the party seeking release from the terms of an equitable servitude must be so pervasive that the entire area or subdivision has changed
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does Limited or piecemeal change good as a equitable defense?
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no
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what's Adverse Possession?
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possession, for a statutorily prescribed period of time can, if certain elements are met,ripen into title
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how long is adverse possession in ny?
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10 years
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what's Continuous?
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uninterrupted for the given statutory period
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what's open and notorious use？
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the sort of possession that the usual owner would make under the circumstances
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what's Actual & exclusive possession?
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entry can’t be hypothetical or fictitious
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what's Hostile?
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possessor does not have the true owner’s permission/consent to be there
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Is possessor's subjective mind in hostile relevant?
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no
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when does statute of limitation begins to run in adverse possession?
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when the true owner can first bring suit
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what does disability play in adverse possession?
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statute of limitations do NOT run against the true owner who’s afflicted by a disability,at the inception of the adverse possession
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: O owned Blackacre in 1980 when A entered adversely. In 1990, O went insane. In 2000, O recovered. Our jurisdiction has a 20-year statute of limitations. In 2000, who owns Blackacre? A, assuming that she has met the COAH elements what's the result?
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O cannot claim the benefit of the disability because he wasn’t suffering from it at the inception of the adverse possession
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what's Land Conveyance?
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The Purchase & Sale of Real Estate
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what's the Two-step process for land conveyance?
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(i) the land contract, & (ii) the closin
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what's closing?
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where the deed becomes the operative document
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what's Executory period ?
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(between contract & closing)
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what's the buyer 's responsibility during the executive period?
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the buyer must properly inspect the property, which includes title searches & an examination of possession (to make sure nobody else possesses it)
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where the contract terms (of the land sale agreement) are merged into the deed, what 's this?
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Merger
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