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If additional land created occurs suddenly it doesnt change boundary line. If it

occurs gradually then it is a part of the owners property.
Question 5
Apply rule of capture used in animals to oil. Oil and minerals arent anyones
possession to the moment of extraction or possession. Fox on your land you have a
better claim but you dont own it until capture.

Right to exclude
Trespass: Physical invasion of property without consent.
Once gas is put back into Earth it is no ones.
Curius est Solum: He who owns the surface owns everything from heaven and hell.

Question 6
She would have been guilty of trespass.
Question 7
According to curius est. solum it technically is a trespass, but a plaintiff couldnt
recover damages.

However congress got involved and created a standard contrary to the

common law that says the distance is under 500 ft.

Ways laws adapt

Custom
Statutes
Reasoning by analogy

Acreation and evultion dictate ownership of newly formed land.

How does one acquire ownership of property that belongs to someone else.

Grant or lease
Buy
Inherit
Gifted
Adverse Possession
Discovery
Conveyance from the court
Eminent Domain- Govt or utility company.

Will. Intestate succession (w/o a will), and testate succession (with a will)

Old English Cl of discovery: When a Christian country conquered another country

the land ownership did not transfer. But when they conquered a non-believing
country rights did transfer. Rules came out of the Crusades.
Discussion Question
1.) Adverse Possession:
Hostile: Inconsistent with the rights of the owner, without permission
asked or given, and used in such a way that owner would be entitled to a
cause of action
Exclusive: Claimant holds possession of property for him/herself as the
claimants own property.
Statutory- Amount of time required to be entitled to the property.
Actual- Must use the property in the same way the owner would, in light of
its attributes.
Continuous- Claimant exercises palpable and continuing acts of ownership
for the duration of the statutory period.
Open- Owner must be put on notice.
Notorious-Actions must be such by the possessor as to notify the owner.
Present possessory Interest: Right to be on the property and possess it currently.
4.) According to 91.12 APs conduct doesnt deprive O Jr. of his possession of the
property. In 2004 O Jr. Owned it. Ap owned it from 2001 to 2003. In 2022- O Jr. In
2028 AP owns it. Statutory limitations doesnt run against the owner of a future
interest.
5.) It takes an ouster of co-owner for that ap to begin. Need a letter, saying dear A,
Im ousting you and I have sole possession of the property. Therefore there is no AP
and both co-own the property. Same goes for tenants and landlords. You had
permission to be on the property and now must hack off or sever ties with the
owner to start AP.
6.) Ap runs against original owner. Therefore AP owns the property.
7.) Ap owns the surface in 2015. Jugghead owns the subsurface.
8.) The default position is AP doesnt run against the state. Must look for a non
tempus statute that goes against the general rule, against the state or municipality;
it never runs against the federal government.

A reversion is divisible, descendible, or alienable.

Quick Claim Deed:
Per Serpes: Roots
Per Capita: Head

In Ohio if A has a fee tail and he dies and has 1 son, A jr. has a fee simple absolute.
Illinois has no condition of survivorship.
Life estate ultravee
4 types of defeasible fees

Fee Simple Determinable- Phrases such as so long, during, until are words of
limitation.
Subject to Condition Subsequent- Phrases such as If and but in the event
Fee Simple with Ex Limitation
Subject to Ex. Limitation
Right of re-entry is only descendable.

Future interest in heirs or heirs of the body, you have to see if that somebody is
mentioned in the grant.- Rule in Shellys case. Change grant from then g s heirs to
To G for life, then to g and his heirs

Rule against perpetuities: Statutes of limitations created for the uncertainty of

future interests.

Dont worry about future interests of grantor; reversion, possibility of

reverter, and power of termination.
Contingent Remainders and executorys are subject. Indefeasibly vested
remainders however are not subject.
Remainders subject to open are subject to rule a
gainst perpetuities.

2 types of executory interests. Springing and shifting

Springing: Doesnt go from one grantee to another. It springs from grantor.

Gap = springing. No gap=shifting.

Modern rules is that whenever a grantor to A the presumption is they give

everything.
Modern rules if grasnt is made to A to the heirs of their body, today they have a fee
simple absolute.
Possibilities of reverters and pot are alienable descendable and devisable unless it
doesnt make since i.e. life estate. All present estates and future interests are
alienable descendible and devisable.
Rule in Shelleys has been abolished in every jurisdiction, however its only been
abolished in some for 30-40 years. If made before that then theyll respect the will.
You would just read it as a contingent remainder.

There is a statutory period in Fl for you to exercise possibility of reverter

Rule Against perp, has been abolished but you have to understand it to interpret
modern statutes.
Contingent remainders are indestructible except in Fl. O IT would revert to O until
C has an heir (Q. 23). In modern jurisdiction it is an indestructible contingent
remainder.
Statutes indicate how much time is needed to end a periodic lease.

Absence of statute or contractual provision no notice is needed for an estate

for years.
Modern law doesnt like unreasonable restriction of alienation of property
rights.
At common law was internment. Landlord had to ask tenants permission to
alienate his interests.
If assignee fails to pay rent the landlord can recover from the tenant because
he has privity of contract. The landlord can recover from the transferee
under privity of estate.
In absence of provision in a lease a tenant is free to alienate. If provision is
required in lease according to Dumpor s rule if the landlord consents with no
qualifications then he cant object to subsequent transfers. If landlord doesnt
reserve the right to say no to future transfers then he cant object.
If ease is silent to transfers, the tenant may freely alienate.

No damages will be recovered for a real covenant.

Injunctive relief only equitable servitude test.