Property One Flash Cards

Front 1

Adverse Possession Elements

Back 1

2) Elements: C O A H
a) Continuous: uninterrupted during the statutory period
b) Open and Notorious: sort of possession that usual owner would make under the circumstances
c) Actual: entry can’t be hypothetical or fictitious (no symbolic entry like a letter of intent)
d) Hostile: Possessor does not have the permission of the true owner

Front 2

Tacking Defenition and elements?exception?

Back 2

3) Tacking
a) One adverse possessor can tack his time with land of predecessor’s time if he was in privity with the predecessor
i) Any non-hostile nexus
ii) Blood, contract, deed, or will
b) Tacking not allowed if there has been an ouster

Front 3

Lateral Support- elements 2

Back 3

1) If land is improved by buildings and an adjacent landowner’s excavation causes improved land to cave in, excavator is only liable if he acted negligently

2) Strict liability does not attach to the excavator’s action unless plaintiff shows that because of ’s action, ’s improved land would have collapse in its natural state

Front 4

Riparian Doctrine-Def- Rights? Liablility?

Back 4

a) Water belongs to those who own the land containing the watercourse
b) Riparians: share the right to reasonable use of the water
c) One riparian will be liable to the other for unreasonable interference with the other’s use

Front 5

Prior Appropriation Doctrine

Back 5

a) Water belongs to the state
b) Right to divert and use can be acquired by an individual regardless of status as a riparian
c) Rights are determined by priority of beneficial use (first in time, first in right)

Front 6

Ground Water?

Back 6

a) Defined: Water beneath the surface of the earth that is not confined to a known channel
b) Surface owner entitled to make reasonable use
c) Cannot be wasteful

Front 7

Surface Water?

Back 7

a) Defined: Come from rain, springs, or melting snow, and have not yet reached a natural watercourse or basin
b) Common Enemy Rule: surface water is considered a common enemy of landowners
i) Landowner can change drainage or make other changes/improvements to combat the flow of surface water
ii) Cannot unnecessarily harm the another’s land

Front 8

Tresspass?

Back 8

: invasion of land by tangible, physical object—gives rise to ejectment action

Front 9

Nuisance?

Back 9

: substantial, intentional, and unreasonable interference with another’s use and enjoyment of land
a) Odors, noise, NOT physical invasion
b) Hypersensitivity of plaintiff is not considered

Front 10

Joint Tenancy- Rules

Back 10

i) Two or more own the estate
ii) Both with right of survivorship: where one joint tenant dies, share passes automatically to surviving joint tenants
iii) Can transfer during lifetime but not devisable or descendible (because the right of survivorship)

Front 11

Joint Tenancy Creation Unitits

Back 11

i) The Four Unities (T-TIP and the Right of Survivorship)
(1) Time
(2) Title
(3) Interests
(4) Possess the Whole
(5) Grantor must expressly state “the right of survivorship”

Front 12

Straw man?

Back 12

Convey to a fake party and have that party convey a joint tenancy back

Front 13

Severence SPAM

Back 13

Sale
Partition
Mortgage- minority title theory
Majority Lien theory: Mortgage does not sever the joint tenancy

Front 14

Sale of a Joint tenancy interest?

Back 14

(1) Joint tenant can sell or transfer her interest during her lifetime
(a) Buyer becomes a tenant in common because 4 unities are lacking
(b) Joint tenancy remain in tact as to the non-transferring joint tenants

Front 15

Joint Tenant Enters into Contract with Another for Sale

Back 15

(a) Severs the joint tenancy
(b) At the time the contract is entered into
(c) Equitable conversion

Front 16

Partition of joint tenancy, Particion by kind and sale

Back 16

(1) By voluntary Agreement: Allowable, peaceful way to end relationship

(2) Partition in Kind
(a) Judicial action
(b) Physical division of property
(c) Must be in the best interests of all parties

(3) Forced Sale
(a) Judicial action
(b) Land is sold
(c) Sale proceeds are divided proportionally
(d) Must be in the best interests of all parties

Front 17

Mortgage Joint Tenancy

Back 17

(1) Minority Title Theory of Mortgages: Execution of a mortgage or lien severs the joint tenancy as to the encumbered share

(2) Majority Lien Theory: Mortgage does not sever the joint tenancy

Front 18

Tenancy by the entirety rules?

Back 18

a) Rules
i) Protected marital interest between husband and wife
ii) Right of survivorship

Front 19

Creation of Tenancy by the Entirety?

Back 19

b) Creation
i) Husband and wife become fictitious one person
ii) Right of survivorship
iii) Presumed in any conveyance to a husband and wife unless otherwise clearly stated

Front 20

Co-Ownership Rights Tenancy by the entirety

Back 20

c) Co-Ownership Rights
i) Creditors of one spouse can’t touch the tenancy
ii) Unilateral conveyance to a third party cannot defeat the right of survivorship

Front 21

Tenancy in Common Defined

Back 21

i) 2 or more person with
ii) No right of survivorship

Front 22

Tenancy in Common Features

Back 22

b) Three Features
i) Each co-tenant owns an individual part
ii) Each has a right to possess the whole
iii) Each interest is descendible, devisable, and alienable
iv) No survivorship rights
v) Presumption favors tenancy in common

Front 23

Co- tenants Possession Rights 2.

Back 23

a) Possession
i) Each co-tenant is entitled to possess and enjoy the whole
ii) Wrongful exclusion of another co-tenant is a wrongful ouster

Front 24

Rights and Duties of Co- Tenants. Rent 3.

Back 24

i) No ouster
ii) Co-tenant in exclusive possession
iii) Not liable to the other co-tenants for rent

Front 25

Rent from Third parties- Tenants in Common

Back 25

i) Co-tenant who leases all or part of the premises to third party
ii) Must account to co-tenants with the fair share of rental income

Front 26

Adverse Possession Tenants in Common?Exception

Back 26

i) General Rule: Adverse possession does not apply to gain the interest of the other co-tenants
ii) Exception: ouster

Front 27

Carrying Costs tenants in common?

Back 27

i) Each co-tenant is liable for fair share of carrying costs
(1) Taxes
(2) Mortgage interest payment
ii) All based upon undivided share that he holds

Front 28

Tenants in common, Improvements? 3.

Back 28

i) No right to contribution for improvements
ii) At partition, co-tenant is entitled to a credit equal to any increase in value caused by her efforts
iii) “Improver” bears full liability for any decrease in value caused by her efforts

Front 29

Tenants in Common- waste?

Back 29

i) Co-tenant must not commit waste
ii) Co-tenant can bring an action for waste during the life of the co-tenancy (voluntary, permissive, and ameliorative)
iii) Liable on the whole thing