Property

Front 1

Constructive Possession

Back 1

"fake" possession; owner of land owns all things on land

Front 2

Rule of Increase

Back 2

Animal's offspring goes to owner of mother

Front 3

Trover

Back 3

Sue for monetary value of property

Front 4

Replevin

Back 4

Sue for replacement or return of specific property

Front 5

Lost property

Back 5

Owner involuntarily and unintentionally parts with property

Front 6

Mislaid property

Back 6

True owner voluntarily places property somewhere and unintentionally forgets it

Front 7

Abandoned property

Back 7

True owner relinquishes title to property

Front 8

Treasure Trove

Back 8

Intentionally placed by owner long ago; seldom used

Front 9

Baliee

Back 9

Holds property in trust until returned to true owner

Front 10

Claim of Title

Back 10

Deals with state of mind

Front 11

Color of Title

Back 11

Deals with documents

Front 12

Inter Vivos Gift

Back 12

Gift made in life. Consists of donative intent, delivery, and acceptance.

Front 13

Causa Mortis Gift

Back 13

Gift made in contemplation of death. Consists of donative intent, delivery, acceptance, and imminent death.

Front 14

Actual delivery

Back 14

Physical delivery of gift

Front 15

Constructive delivery

Back 15

Delivery of something that gives access to property

Front 16

Symbolic delivery

Back 16

Delivery of something that represents property

Front 17

Deed

Back 17

Conveyance or grant to living person

Front 18

Will

Back 18

Devise to living person upon death

Front 19

Intestate Succession

Back 19

Division of property when decedent did not leave will; heirs designated by the state

Front 20

Fee Simple Absolute

Back 20

True ownership; can potentially last forever; no future interest; can be transferred by any method.

Front 21

Fee Tail

Back 21

No longer recognized; attempt to keep fee simple absolute only within family; creates restrictions and alienation on property.

Front 22

Life Estate

Back 22

Lasts as long as grantee is alive; future interest is remainder or reversion; only transferable by deed.

Front 23

Affirmative Waste

Back 23

Reduces value of property and injures land

Front 24

Permissive Waste

Back 24

Failure to care for property; omissions of owner.

Front 25

Ameliorative Waste

Back 25

Improvement of property that increases its value

Front 26

Defeasible Estate

Back 26

Present estates that terminate at the happening of a specified event other than the death of the current possessor.

Front 27

Fee Simple Determinable

Back 27

Terminates at specified event automatically; condition attaches to land; can be transferred any way; future interest is possibility of reverter.

Front 28

Fee Simple Subject to Condition Subsequent

Back 28

Terminates at specified event when grantor re-enters and reclaims property; condition attaches to land; can be transferred any way; future interest is right of entry.

Front 29

Fee Simple Subject to Executory Limitation

Back 29

Defeasible fee that grants interest to third party; future interest lies in third party.

Front 30

Future Interest

Back 30

Gives legal right to owner to possess property in future; is a present existing interest in property that is protectable.

Front 31

Reversion

Back 31

Return of property to grantor

Front 32

Possibility of Reverter

Back 32

Potential to return to grantor

Front 33

Right of Entry

Back 33

Right to reclaim property once condition violated

Front 34

Remainder

Back 34

Precedes an estate at its natural termination; takes effect after termination of estate.

Front 35

Vested remainder

Back 35

Remainder to a person who is ascertained and not subject to a condition precedent.

Front 36

Contingent remainder

Back 36

Remainder to a person who is not ascertained or is subject to a condition precedent.

Front 37

Executory interest

Back 37

Cuts prior estate short; divests interest in a different transferee

Front 38

Shifting Executory Interst

Back 38

Defeasible fee is cut short

Front 39

Springing Executory Interest

Back 39

Condition precedent cannot be fulfilled during preceding estate or immediately upon termination; gap

Front 40

Tenancy in Common

Back 40

Separate, undivided interest with no right of survivorship; transferred any way; both tenants have right to use and possess whole.

Front 41

Joint Tenancy

Back 41

Both have whole of property; right of survivorship; cannot be transferred. Four unities: time, title, interest, possession.

Front 42

Right of Survivorship

Back 42

When one tenant dies, interest dies and goes to other tenant.

Front 43

Tenancy by the Entirety

Back 43

Only for married couples; right of survivorship; can't convey land without consent of other tenant.

Front 44

Title Theory Jurisdiction

Back 44

Mortgages are conveyance of title until loan is paid; severs joint tenancy's unities.

Front 45

Lien Theory Jurisdiction

Back 45

Mortgages are liens; unities are not severed.

Front 46

Joint Tenant Account

Back 46

Presumption for joint accounts.

Front 47

Payable on Death Account

Back 47

Avoid creating will

Front 48

Convenience Account

Back 48

Limited access; no right of survivorship

Front 49

Partition

Back 49

Remedy for co-tenants; division of land or profits from sale of land.

Front 50

Physical Partition

Back 50

Land is sectioned off; division is based on percentage interest.

Front 51

Partition by Sale

Back 51

Sell land and divide profits based on percentage interest.

Front 52

Ouster

Back 52

Denial of access onto property.

Front 53

Accounting

Back 53

Cause of action to recover rent from third parties.

Front 54

Leasehold Estate

Back 54

Interest dependent on term and how it is terminated.

Front 55

Term of Years

Back 55

Lease lasts for specific term; automatically expires; future interest is reversion to landlord.

Front 56

Periodic Tenancy

Back 56

Lasts for fixed duration; period to period until notice of termination; requires notice to terminate.

Front 57

Tenancy at Will

Back 57

No fixed period; lasts until either party terminates; requires notice.

Front 58

Tenancy at Sufferance

Back 58

Holdover tenant from prior lease; can be evicted or create new lease, using same terms as prior lease.

Front 59

Fair Housing Act

Back 59

Prohibits discrimination by race, color, religion, sex, origin, disability, and family status for purposes of obtaining dwelling.

Front 60

Exceptions to FHA

Back 60

Single family home without use of broker; owner occupies unit in dwelling; maximum occupancy.

Front 61

Sublease

Back 61

Tenant transfers leasehold for less than entire term of lease; no privity between landlord and sublessee.

Front 62

Assignment

Back 62

Tenant transfers all interests under the least for entire unexpired term; no privity of contract between assignee and landlord, but there is privity of estate.

Front 63

Constructive Eviction

Back 63

Wrongful conduct by landlord that interferes with tenant's beneficial use of leased premises.

Front 64

Implied Warranty of Habitability

Back 64

Landlord promises that throughout term of lease, he will deliver and maintain premises that is safe, clean, and fit for human habitation.

Front 65

Retaliatory Eviction

Back 65

Landlord cannot evict tenant after a complaint is filed in order to punish or retaliate.

Front 66

Open listing agreement

Back 66

Seller pays money if broker affects sale; owner can sell by himself or with another broker.

Front 67

Exclusive agency agreement

Back 67

One broker used, but owner can sell property as well

Front 68

Exclusive right to sell agreement

Back 68

Only broker can sell; will receive commission.

Front 69

Partial Performance

Back 69

Exception to Statute of Frauds; buyer has paid all or part of price, made substantial improvements to property, or taken possession.

Front 70

Estoppel

Back 70

Exception to Statute of Frauds; party has acted to his detriment in reasonable reliance on other party's oral promise

Front 71

Marketable Title

Back 71

Title to property must be free from reasonable doubt, free of possibility of nonfrivolous or successful litigation; free of defects in title.

Front 72

Equitable Conversion

Back 72

Equitable title passes to purchaser when enforceable contract created; Legal title remains with seller until closing and delivery of deed; allocation of risk of loss is on buyer.

Front 73

Stigma Statute

Back 73

Seller must disclose facts that might "psychologically impact" property.

Front 74

Implied Warranty of Quality

Back 74

Builders must build to a certain standard.

Front 75

Merger Doctrine

Back 75

Contract for sale merges with deed.

Front 76

General Warranty Deed

Back 76

Warrants against all defects in title whether before or after grantor took possession.

Front 77

Special Warranty Deed

Back 77

Warrants against only grantor's actions in creating title defects.

Front 78

Quit Claim Deed

Back 78

No warranties against title defects.

Front 79

Delivery of deed

Back 79

Show intent to convey present interest and become immediately bound by conveyance.

Front 80

Covenant of Seisin

Back 80

Grantor owns the land he purports to convey.

Front 81

Covenant of Right to Convey

Back 81

Grantor has right to convey property

Front 82

Covenant Against Encumbrances

Back 82

Title is free of encumbrances that make title unmarketable.

Front 83

Warranty of Quiet Enjoyment

Back 83

Grantor will compensate grantee for loss if title is defective or subject to encumbrance that results in grantee's eviction.

Front 84

Covenant of Further Assurances

Back 84

Grantor will execute any future documents necessary to perfect title and ensure validity of conveyance.

Front 85

Estoppel by Deed

Back 85

Grantor conveys land not owned and subsequently gets title--estopped to deny he had title to deed.

Front 86

Mother Hubbard Clause

Back 86

Clause that assigns all rights to everything; does not reference individual rights or properties.

Front 87

Race Act

Back 87

Purchaser who first records takes property.

Front 88

Notice Act

Back 88

Bona fide purchaser takes property when there is no notices of prior transfer and pays value for property.

Front 89

Race-Notice Act

Back 89

Bona fide purchaser takes property if he records first.

Front 90

Wild Deed

Back 90

Title search does not show deed; deed is outside chain of title.

Front 91

Actual Notice

Back 91

Being informed by grantor of prior interest.

Front 92

Constructive Notice

Back 92

What is known from record.

Front 93

Inquiry Notice

Back 93

Suspicious; start a search to figure out if another has title or interest.

Front 94

Servitude

Back 94

Nonpossessory interest in land

Front 95

License

Back 95

Revocable right to use property

Front 96

Easement

Back 96

Interest that grants one the right to use land that belongs to another

Front 97

Dominant tenement

Back 97

Land benefited by an easement

Front 98

Servient tenement

Back 98

Land burdened by an easement

Front 99

Dominant owner

Back 99

Owner of easement

Front 100

Servient owner

Back 100

Owner of land being burdened by easement

Front 101

Appurtenant easement

Back 101

Easement that benefits holder in use of specific parcel; requires dominant tenement.

Front 102

Easement in Gross

Back 102

Benefits are unconnected to holder's use of land; personal to holder; does not run with the land.

Front 103

Affirmative Easement

Back 103

Easement that allows holder to perform act on servient land

Front 104

Negative Easement

Back 104

Easement that allows holder to prevent owner of servient land from performing an act on his land.

Front 105

Easement by Grant

Back 105

Arises when servient owner grants easement to dominant owner.

Front 106

Easement by Reservation

Back 106

Arises when dominant owner grants servient land and retains easement over property.

Front 107

Easement by Estoppel

Back 107

Irrevocable license

Front 108

Implied Easement by Prior Use

Back 108

Easement that parties forgot to include or grant but normally would have.

Front 109

Public Trust Doctrine

Back 109

Navigable waters belong to government as trustee; title is subject to public's right to use land for activities.

Front 110

Scope of easement

Back 110

Use that can be made of property

Front 111

Covenant

Back 111

Promise between two or more owners of land that restricts use of property

Front 112

Real Covenant

Back 112

Covenant that runs to subsequent owners.

Front 113

Horizontal Privity

Back 113

Privity that relates parties and promise; Can come in form of mutual interest, successive interest, or a no privity rule.

Front 114

Vertical Privity

Back 114

Successor must receive entire estate of original party.

Front 115

Equitable Servitude

Back 115

When no horizontal privity for a real covenant; equitable remedy of injunction.