9/5/17 Property Notes

Adverse Possession, Tacking

No technical privity requirement.

How did the Ct get around chain of deeds when there was not a chain of possession?
Tacking: Multiple possession can add their possession if there is privity.
Nexis, connection between consecutive possessors/possessions, deed (sale, gift, will, inheritance)
Function to permit the accumulation of periods of time.
Each possessor that is to be tacked has to individually meet all elements except continuity.
Deed between parties permits privity.

Adverse Possession of Chattels

Property can be classified as follows:

Physicality/Movability
Real/Personal
Tangible/Intangible

Possession of Personal Property does not necesarilyy put the owner on notice of adverse
possession to recover.
Replevin action is used to recover the possession of a personal thing
Trover action is used to recover the value of the thing
How does the statute of limitations for replevin work?
Conversion Rule: Period runs once property is converted, i.e. the day the painting was stolen.
Demand Rule: Time beings to run as soon as the true owner demands the property back.

Possessory States

Interests can be divided in possessory interests and future interests.

Possessory interests occur when the transfer of land that give the new possessory state for the
person to occupy the land contemporaneously.
Future interests occur when the occupation of the land is to take place in the future.

Today there are only 3 possessory interests:

1- Fee Simple Absolute
2- Fee Tail
3- Life State

Fee Simple

Its the best possessory interest, it is unlimited and its characteristics are:
a) Heritable: Can be passed onto heirs;
b) Alienable: Can be transferred to someone else in life or death.

Transferring fee simple:

Who are heirs? People entitled by law to succeed in the law. The order of intestacy or succession
is as follows:
 1. Spouse
2. Descendants or Issue
a. Children
b. Grandchildren
3. Ancestors
a. Parents
b. Grandparents
4. Collaterals
a. Brothers, sisters,
b. Uncles, etc.

Legal succession exits to try to arrange the flow of access to recreate what the person that passed
would have wanted.

English Rule: Division per class, by head

A

1/3 1/3 1/3

1/6 1/6

Probate Code Rule: Division per capita, per each generation. Pools assets in each level and
distributes it evenly.

No heirs, property escheats, goes to the government, usually state.

Language to transfer Fee Simple Absolute

O to A