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Bar Review

REAL PROPERTY & REAL PROPERTY REMEDIES (Summary Flowcharts)

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REAL PROPERTY

LAND ACQUISITION Adverse Possession Land Sale K Conveyancing Deeds Delivery Recording Act

LAND USE Easements Covs R/L & Q/Svtds Support Rts Water Rts Govt. Control

FUTURE INTERESTS

FEE
CONCURRENT INTERESTS

LANDLORD & TENANT Basic Problems Effect of Transfer

ESTATES & FUTURE INTERESTS Possessory Future Basic Rules Concurrent

39

LAND ACQUISITION
ADVERSE POSSESSION Horizontal Physical ELEMENTS Mental Permissive Entry Good Faith / Boundaries Co-Tenants Statute Time Tacking RIGHTS Adverse Possessor True Owner SCOPE Vertical Future

Infancy Insanity Imprisonment

DISABILITIES

LAND SALE CONTRACT

Land

S
$ X Y
Memo Formation Exception

B
Z
Payment Evidence pp Estoppel

Improve
Title (marketable) CONTRACT Performance Tender & T of E

SP Remedy Damages Seisin Right to Convey Encumbrances COVENANTS Quiet Enjoyment Warranty Further Assurance

39A

CONVEYANCING A A B C

Parties Gives Deed to Grantee

DEEDS Words of Transfer

DELIVERY: Grantor

Retains Deed

Presumptions/Rebutting Evid.

Gives Deed to 3P Donative Description Commercial

Grantor's Signature

1)

Is the claimant a person protected by the statute? Purchaser for value Mortgagee New Debt Old Debt Judgment Creditor Heirs

RECORDING ACT

2)

Is the transaction protected by the statute? Type of statute: Notice Race Notice Race a) Did he have notice? Actual Inquiry Constructive Deeds recorded early Deeds recorded late Wild deeds Collateral documents b) Did he record first? Grantee takes an interest w/o notice w/o notice & records first & records first

39B

LAND USE: NON - POSSESSORY INTERESTS

WEST X

EAST LAKE

R O A D
A B

Express (Fee?) CO Implication Reasonable Necessity Prior Use: Quasi-Easement CO Necessity Strict Necessity Prescription

A1

B1

Creation

Reasonable Use

Public Use

Holder Appurtenant vs. In Gross: Transferable Merger

Servient

EASEMENTS

Scope

Severance Holder Abandonment

Termination

Surcharge

PROFITS

Destruction

Revocable

Prescription
Coupled with Interest

LICENSES

Others

Estoppel

Irrevocable

BFP
Executed: Easement by Estoppel

39C

COVENANTS & SERVITUDES

Dominant (Benefitted) Servient (Burdened)

A1
Writing Remedy $

B1

Covenants Equitable Servitudes Implied Reciprocal Servitudes

Required

Required

Injunction

Not required in s deed

Injunction

A v B: Contract Covenants Touch & Concern A v B1 A1 v B A1 v B1 Privity Intent Notice (B or B1) Horiz Vert A v B: Contract Equitable Sevitudes A v B1 A1 v B A1 v B1 Notice (B or B1) Touch & Concern Intent

Implied Reciprocal Servitudes

A v B: Contract

A v B1 A1 v B A1 v B1

Common Scheme

Notice (B or B1)

39D

LANDLORD & TENANT LL

Years Periodic Will Sufferance How Created?

T
Term & Termination?

BASIC PROBLEMS: LL&T (RP or K?)

TENANTS DEFENSES
Failure to deliver possession

Antic. Breach? Years Duty to mitigate? Open term Holdover Will

Eviction Surrender

Actual Constructive

RENT

Periodic

Destruction Warranty of Habitability Offsets Statutory

Sufferance K Concepts Cov. to repair

LL CONDITION OF PREMISES T

Warranty / statutory Tort

Cov. to repair Waste Tort Force Notice Law Lawsuit Modern Retaliatory Warranty/statutory Trade fixtures Traditional Equitable No breach

POSSN

RETAIN IMPS

EFFECT OF TRANSFER Privity w/LL?

LL LL-1 T T-1 T-2 Orig. T Aee Sblsee Dumpors case Contract Estate None

Liability to LL for breach

ALL Durg his stay None

39E

ESTATES & FUTURE INTERESTS

Absolute Simple Fee Tail Grantee Possessory Life 3rd party Years Periodic Will Sufferance Defeasible Fee simple determinable Fee simple on condition subsequent Fee simple subject to executory limitation

Term

Tenacy in common Concurrent Joint tenancy Tenacy by entireties Severance

Possibility of reverter Grantor Future Executory interest 3rd party Remainder Contingent Vested Absolutely Subject to condition subject Subject to open Right of entry Reversion

39F

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