Real Property

Front 1

What Is a Gift?

Back 1

Voluntary, immediate transfer of property w/o consideration from donor to donee. Two categories of gifts: inter vivos and causa mortis.

Front 2

Gifts Inter Vivos

Back 2

3 requirements for a valid gift inter vivos: intent, delivery, and acceptance. Donor must intend an immediate transfer of ownership. Gruen v. Gruen, (1986). Donor’s statements & actions = best evid of intent, but if intends gift take effect in future, ineffective.

Front 3

Delivery (for gift)

Back 3

3 means of delivery. Traditionally, manual delivery, i.e. physical transfer of possession of the item to donee. Manual delivery is often impossible or impractical; all jurisdictions allow constructive delivery in this event. Constructive delivery = donor physically transfers to donee means of obtaining access to & control over object, i.e. giving a key. Finally, symbolic delivery—physically transferring to the donee an object that represents the object—is permitted in many jurisdictions if manual delivery is difficult.

Front 4

ADVERSE POSSESSION
REQUIRES

Back 4

1)Open and Notorious Use
2)Hostile Intent
3)Actual and Exclusive possession
4)Uninterrupted Use for the statutory period

Front 5

ADVERSE POSSESSION
(Uninterrupted Use for the appropriate period)

Back 5

(i) interruption by adverse possessor or if owner files suit or does ordinary act of ownership;
(ii) tacking: an adverse possessor can tack together successive periods of possession (by other adverse possessors to satisfy the statutory period, if there is privity (interest passed by descent, deed, will, K, permission),
(iii) abandonment: if AP abandons property (intentionally gives up possession w/no intent to return) continuity is destroyed (i.e later return triggers new COA)

Front 6

ADVERSE POSSESSION
(Tolling)

Back 6

If true owner suffers from Infancy, Incarceration, Insanity at time of adverse possession, STAT period doesn't run until TO free of disability

Front 7

ADVERSE POSSESSION
(Constructive adverse possession)

Back 7

Where AP enters land pursuant to color of title (defective deed) entitling him to an entire lot, he constructively adversely possesses the entire lot, even if possession was confined to a limited portion,
(i) land possessed bears reasonable relation to entire parcel and
(ii) is an undivided lot

Front 8

ADVERSE POSSESSION
(Open and Notorious Use )

Back 8

AP’s use and possession is not secret, visible to world that AP is rightful owner

Front 9

ADVERSE POSSESSION
(Hostile Intent)

Back 9

AP use was Hostile = w/o permission;

Intent = maj. mistaken belief of right of possession w/intent to posses the prop is sufficient;

min view, subjective intent to adversely possess;

Front 10

ADVERSE POSSESSION
(Actual and Exclusive possession)

Back 10

AP had sole physical occupancy that excludes others;