Property Law

• Life Estate

(Can have life estate in PERSONAL AND REAL PROPERTY) 1. Conveyable to someone for the term of their life 2. Not Inheritable and Devisable because it expires at death of the life tenant 3. Alienable 4. You cannot commit waste on a life estate...you have to give it to the person who is entitled to the remainder or reversion in the same condition you got it ----Life estate—Cannot use the principal of the million, but has a right to the interest...the property has to be in the same condition it was at the beginning of the life estate when it goes to either the remainderman or back to the original grantor....if you invade the million or alter the property you can be sued for waste 5. Condition of life estate can NEVER be the death of the holder 6. If a life tenant wants to sell her estate as a fee simple then she has to get the remaindermen or reversioner to join in with her or have it deeded back to her as fee simple and then she can sell it as a fee simple

Fee tail

(a succession of life estates to next heir of grantor's body followed by a reversion to the grantor)

Vested Remainders

(are ready to come into possession whenever the estate ends, three types of vested remainders a. Vested (indefeasible) b. Vested subject to open (partial divestment e.g. class gifts) c. Vested subject to complete divestment (defeasance) 1. By a condition subsequent 2. By a determinable estate 3. By an executory interest

Fee simple (4 kinds of fee simple estates)3. Subject to Condition Subsequent/ Right of Re-Entry

(but if, on the condition that... may Right of Re-Entry ...reenter the land and possess)

The Statute of Uses

(enacted in 1535 and effective in 1536) is an Act of the Parliament of England (27 Hen. VIII c. 10) passed during the reign of Henry VIII which converted all English equitable estates that were created through "use" into legal estates. Thus, a grant of property to A under common law with the equitable title going to B ("to A for the use of B") would result in A losing title and B possessing the full title to the land.

PARTITION

(everyone has the ABSOLUTE right to partition) If co-owner won't sell or buy you out you can petition to partition

DEFEASIBLE

(fee simple is defeated by the occurrence of the condition..can be cut short) In doing your analysis on the exam must do the following steps in order: • what is the interest for both the grantor and the grantee • what is the estate for both the grantor and the grantee • Figure out if it's absolute • Analysis always starts with the first GRANTEE then the second grantee etc, then the Grantor • If it's not absolute then you have to figure out whether its determinable, subject to a condition subsequent, or subject to an executory interest • Track seisen where seisin is going to go by the occurrence of any happening of event to determine what the future interests are • Beware to look at if the future interest is in a grantee...executory...if it is then the original grantor doesn't have any FUTURE interest ????????? • Always make sure you put which INTEREST AND ESTATE EACH PARTY HAS even the final grantee and the grantor • See what intent is being manifested by instrument • DON'T FORGET TO LABEL THE FUTURE ESTATES

• Term of Years

(leasehold interest in land for any(1 second, 30yrs, 400yrs etc) specific period of time) 1. More commonly known as a lease 2. Expires at a specific date 3. Right to possession reverts to the owner of the fee simple at the end of the term of years 4. After the term of years is up you have no interest in the property anymore and you have no right to renew after term of years is up...you and the landlord can chose to renew but there is no right to renew

Fee simple (4 kinds of fee simple estates)2. Determinable/ Possiblity of Reverter

(so long as, during, until, while) possibility of reverter this type of estate is always indicated by words of duration, ie... so long as, until, during etc.. a Determinable is always followed by a reversionary interest in the grantor called a Possiblity of Reverter.

Leasehold Estates

(the inferior estates no seisin held by these estate holders) Term of years (one second or 1 million years) Periodic tenancy (time period to time period) Tenancy at will (at common law, no prescribed time period) Once you have decided which estate has been granted then you must categorize then further by

Freehold Estates

(these are the superior estates...seisin will be in the person holding)

Life estate

(will always be followed by a remainder in another grantee or a reversion to the grantor)

Color of Title

1) It Shortens the period required by the adverse possessor and 2) it describes the parcel more specifically and can therefore give adverse possession to more property than the adverse possessor may actual occupy or use in a meaningful way in terms of the tenets of adverse possession as long as the description is contained or covers a single parcel.

5 Future interests

1. 2. 3. 4. 5.

5 Major Categories of Future Interests There are 2 Future Interests in a Grantee

1. Executory Interests These interests follow the unnatural termination (cutting off) of the proceeding interest in Grantee. (The rule of perpetuities applies to executory interests) There are two types of excutory interest. They are: Shifting- property rights shift in the future from a preceding estate in one grantee to another grantee Springing- property right springs back to the grantor then into the future from a preceding estate in the grantor to another grantee not named up until this point

Tenants by the entirety

1. Joint tenants with rights of survivorship between a husband and wife 2. NOT ALIENABLE BY EITHER PARTY SEPARATELY...BOTH PARTIES WOULD HAVE TO CONVEY TOGETHER!--Neither party can individually destroy the right of survivorship by breaking up the tenancy by the entirety 3. Get more protection from creditors 4. NOT DEVISEABLE(individually) because your interest disappears upon your death and goes to the surviving joint tenant 5. NOT INHERITABLE (individually) because your interest disappears upon your death and goes to the surviving joint tenant

• Fee Tail (heirs of his body)

1. Life estate upon a life estate upon a life estate 2. Inheritable only by the lineal descendants 3. If there are no more lineal descendants, the original grantor (or his estate) retains a reversion 4. In modern times usually in trusts 5. Condition of fee tail can NEVER be the death of the holder

Three ways that property can transfer to another.

1. Operation of law (e.g property transfers to the next heir, next of kin or a joint tenant) 2. By Contract (e.g. life insurance, deed, sale, ) 3. Probate upon death testate

5 Major Categories of Future Interests There are 3 Future Interests in a Grantor

1. Possibility of Reverter/Determinable Estate this future interest always follows a Determinable Estate of some kind such as a condition of duration, e.g. so long as, until, etc... A possibility of reverter is always linked with a Determinable Estate.

To establish TBTE need at time of grant FIVE UNITIES

1. TIME— Joint tenants interest must vest at same time 2. TITLE— Joint tenants must acquire interest by same instrument 3. INTEREST—Joint tenants have to share the same (equal) interest in the property(estates of same type and duration)for example one cannot have a life estate and the other a term of years...DOES NOT MEAN EQUAL ECONOMIC SHARES 4. POSSESSION—All joint owners are entitled to possession of the whole despite their proportional interest (not portions of property)(have undivided interest in the whole)doesn't mean they have to physically occupy, only the entitlement to possession 5. MARRIAGE—have to be married at the time they acquire interest

The Developments in the Law of Conveyancing

1. The era of Livery of Seisin. Physical transfer of land was required, no document could take the place of this act. 2. Statute of Uses (1536) Documents were permitted to take the place of physical transfers, but documents were still not required. 3. The arrival of the Statute of Frauds (1677) All transfers of real property are required to be in writing. 4. The Era of the Recording Acts. Facilities are made available for the recording instruments of conveyance, and unrecorded instruments are made ineffective against certain claims of the land. 5. The Era of the Torrens System where titles are adjudicated by a court and the purchaser gets a certificate of title from that court. Most American states did not adopt this. 6. The Era of Title Insurance where purchaser rely of title insurance issued by the private sector which is based on the recording acts. The Torren system is little used. Prior to the Statute of Uses you could not create future interests in real property at common law...

• Fee Simple

1. Ultimate Ownership 2. Grants right to possession into the future, forever 3. Alienable inter vivos 4. Can be willed 5. Inheritable by any heirs if no will based on the laws of descent and distribution 6. If the grantor specifically wills to his heirs, for example if he says to Gerry for life and then upon his death to his heirs, then the heirs have an interest in the land, otherwise if they just say to Gerry and his heirs, the heirs only get it if Gerry doesn't have a will

What is interest? • Future ? • Present?

1. present right to possess the property 2. Someone with seisen who doesn't necessarily have the right to possess 3. Retain seisen when someone has a less than freehold estate (even if you don't have a present right to possess) 4. Right to immediate possessory ownership of an estate in land the moment of conveyance or devise takes place 5. Interest is vested and possessory

Joint tenants with rights of survivorship

1. when 1 joint tenant dies the other owns the whole 2. the deceased person's interest disappears 3. overrides will & descent and distribution 4. NOT INHERITABLE ( because your interest automatically disappears upon your death and the surviving joint owner owns the whole) 5. NOT DEVISEABLE(individually) because your interest disappears upon your death and goes to the surviving joint tenant 6. because your interest is gone there is no tax lein 7. Is Alienable (unrestricted and at will of either joint tenant at any time regardless of what a divorce decrees says) (DESTROYS UNITIES) a. If one joint tenant deeds their interest to a third party that new owner becomes a tenant in common with the other joint owner and right of survivorship is destroyed

Tenants in common (default)

1. when the JTWRS and TBE are destroyed it defaults to this 2. if nothing is specified this is the default 3. INHERITABLE by the tenant's heirs (undivided ½ interest) 4. IS DEVISABLE 5. ALIENABLE

5 Major Categories of Future Interests There are 2 Future Interests in a Grantee

2. Remainder Interests are the second of future interests in the Grantee A remainder interest waits politely for the natural termination of the preceding interest of the Grantee. A remainder always follows a life estate or a fee tail (which nothing more than a succession of life estates)

5 Major Categories of Future Interests There are 3 Future Interests in a Grantor

2. Right of Reentry/ Condition Subsequent this interest appears for a condition broken. (It always an estate subject to a condition subsequent). If the condition occurs after the conveyance, the language indicates you have a right of reentry. A right of reentry is always linked with an estate subject to condition subsequent.

5 Major Categories of Future Interests There are 3 Future Interests in a Grantor

3. Reversion (if it's not 1 or 2 then it is 3) Results from a conveyance of a lesser estate than grantor possesses such as a life estate. All life estates end in reversion unless otherwise stated. (e.g. Follows a contingent remainder subject to divestment)

What are Future Interests

A future interest is a property right that occurs at the moment of conveyance to create a possessory ownership, at some future time to someone. It is not a present interest. A future interest may become a present interest at some point in the future. Not only is this interest non-possessory at present it may or may not be vested at the time of the conveyance. Ask this question. Who will have rights in the future?

privity of estate.

A mutual or successive relationship to the same right in property, as between grantor and grantee or landlord and tenant. - I.E. (you've inherited in the will the first AP's estate

Adverse Possession of Land

A person can acquire good and clear title to property owned by another by holding possession of the party adversely to the true owner for a specific period of time subject to the recovery by the true owner. Adverse possession is a method of acquiring title to real property by possession for a statutory period of time (usually 20 years) under certain conditions.

Bargain and Sale

A written agreement for the sale of and whereby the buyer would give valuable consideration (recited in the agreement) without having to enter the land and perform livery of seisin

PRESCRIPTIVE EASEMENT

Adverse Possession for easements is called "Prescription" • Requirements for obtaining an easement by prescription is the same as for adverse possession except that the use need not be EXCLUSIVE(for example, both the owner and the adverse user can use a private road) and there is no requirement that the adverse user use it in good faith • Not claiming title to land but that they OCANS (can share rights to an easement) for the statutory period and therefore they have earned the right to use it without the permission of the landowner • Can only get a prescriptive easement against the one who has possession (present right to possess)...own a 49 year lease...not the landlord

Contingent Remainders

At common law contingent remainders were destroyed if not possessory at the end of the prior estate; today a springing use from the grantor would result. The Rule against Perpetuities applies to contingent remainders Use this test when deciding if a remainder is contingent or not, Ask... is the remainder... 1) In an unborn person(s)? if yes then contingent 2) In an unascertained person(s)? if yes, then contingent. 3) Subject to a condition precedent? (in other words must something occur before the future interest vests?) Note that executory interests can also be considered as contingent if an executor interest is subject to the above contingencies; and this test works for them also, but you usually do not have to characterize executor interests as vested or contingent. This analysis helps you to establish where Seisin is at points in time since Seisin cannot be held by a person with only a contingent remainder.

Caveat Emptor Doctrine

Buyer beware Exceptions: 1. Furnishings 2. Express warranty 3. Fraud, deceit or misrepresentation

COLOR OF TITLE

Deed or other written instrument that purports to give her title to land: • Period required to establish title by adverse possession is often shorter • Constructive possession of whole property in deed as long as it covers one parcel (even if you only possess a portion of the parcel)..without color of title you only get title of the part you actually possess • If the deed covers more than one parcel of land, the constructive possession ordinarily extends only to the boundaries of the lot the adverse possessor has actually taken partial possession of • Even in states that do not require a good faith claim of right by color of title, an adverse possessor must have entered the property with a good faith belief that the deed conveyed what it purported to convey to obtain the advantage of color of title...WANT TO AVOID USING COLOR OF TITLE FOR FRAUD

Prescription of Interest in Land

Easements in land may be acquired in real property under the same doctrine

There are limitations on the right to exclude

Emergency, Necessity Mortgaged premises

The 6 Estates in Land

Freehold Estates: 1. Fee simple 2. Fee tail 3. Life estate Leasehold Estates 4. Term of years 5. Periodic tenancy 6. Tenancy at will

Person vs Property Dichotomy

I. Are frozen pre embryos person or property? Neither..can't figure it out II. Look at wishes? Is there an agreement? Relative interest of parties? Party wishing not to procreate will prevail...test of the equities, what's fair? Public policy?

Adverse Possession

Is a method of acquiring real property by possession for a certain period of time (usually 20 years) under certain conditions...it is a non-permissive use of someone's land with a claim of right and that was... -open -continuous -exclusive -adverse -statutory Adverse Possession may also be claimed under color of title if a person sold another property that he had no right to sell but the possessor of defective title thinks in good faith he owns the property. No adverse possession of Government Lands

PASSES by OPERATION OF LAW

Joint or common ownership (JTWRS and TBE)Right of survivorship (Passes automatically to surviving joint owner) • Deceased persons interest disappears, the survivor doesn't gain the property subject to the dead persons interest • Overrides will, laws of descendant and distribution, and contract?? • Passess outside probate

Vested Expectancies, Etc.

Medical degree itself is not property ...it is just an unvested expectancy because there is no guarantee there will be use of the degree...the person may decide to change careers Only vested expectancies have value as property (i.e. vested in a pension plan, that plan has value to the other spouse even though the spouse that owns it has not retired yet) Alimony is NEED BASED (to continue the lifestyle to which you have grown accustomed)...look at length of marriage, assets acquired prior to marriage, etc

• Contingent Remainder:

O Convey to A for life then to B if the sox win the series(if A dies before the sox wins then B's contingent remainder is destroyed per the doctrine of destructibility of contingent remainders and the interest reverts to O (estate) because seisen has to be in someone)

• Executory interest:

O convey to A but if sox win series it goes to B (can lose it to B's future executory interest)

AP

ONLY THING THAT MATTERS IN ADVERSE POSSESSION is that the TRUE OWNER SHOULD HAVE KNOWN by OCEANS of the adverse possessor that someone is adversely possessing(CONSTRUCTIVE NOTICE BUT NOT ACTUAL NOTICE)...It doesn't matter if the owner actually knows he has an interest (ownership) in the property i.e. not knowing of a boundary or that he inherited the property)...the fact that the adverse possessor is fulfilling the OCEANS requirement puts the true owner on CONSTRUCTIVE NOTICE...The only thing that negates this is if there is FRAUD on the part of the adverse possessor

RESPONSIBILITY OF CO-TENANTS

One co-tenant is not responsible for rent or an (net not gross)accounting for the reasonable value of his occupancy to the other unless there is an: Agreement Or Ouster (kick out not let back in)(no hardline rule as to what constitutes an ouster varies from one jurisdictions court of equity to the other) Each co-tenant is responsible to pay bills, water-bill, ordinary maintenance, insurance, etc. Regardless of the % share of the property held by each, each co-tenant is entitled to occupy the whole Joint tenant has to give an accounting of his share of the net rents, taxes etc

SEISEN

PRESENT INTEREST (can have present interest even though you have no right to possess i.e. landlord)...important for estates in land questions for present interest, seisen, etc. Only one with a freehold estate can have seisen • Example 1. If O conveys to A for 2 years but if the red sox win the world series it goes to B then until the red sox wins the world series O has seisen because he is the only one with a free hold estate....A is not freehold and B is a future interest Can't have seisen if you have a contingent future interest

Seisin

Possession of a freehold estate in land

Present Interests in Real Property

Present Interest is a property right to immediate possessory ownership of an estate in land the moment a conveyance or devise takes place. This interest is vested and possessory. Just ask yourself one simple question.... Is there a present interest to the Grantee. If the answer is yes... then answer the second question. What kind of Estate is it? It is one of these...

THE FOUR CATEGOTIRES OF FOUND PROOPERTY 1. ABANDONED PROPERTY

Property is abandoned when the owner no longer wants to possess it. That he voluntaries surrenders, relinquished or disclaims. Abandoned property belongs to the finder of then property against all others including the true owner.

THE FOUR CATEGOTIRES OF FOUND PROOPERTY 2. LOST PROPERTY

Property is lost when the owner unintentionally and involuntarily parts with its possession because of accident, negligence, or carelessness. Stolen property found by someone other than the thief is lost property. Lost property belongs to the finder of the property to the exclusion of all others except the true owner.

THE FOUR CATEGOTIRES OF FOUND PROOPERTY 3. MISLAID PROPERTY

Property is mislaid when it is voluntarily put in a certain place by the owner who then overlooks or forgets where the property is. There was an intent to recover it later but now it cannot be found. It is property that is voluntarily and intentionally placed somewhere where it is eventually found by another. The property belongs to the owner of the premises where the property was found, NOT THE FINDER. All rights of ownership belong to the premise owner, subject to right of the true owner.

Fee simple (4 kinds of fee simple estates)4. Subject to Executory Interest

Springing or shifting, it never follows a life estate

Livery of Seisin

The delivery of the possession of property in land

The possessor of property has superior rights to all persons except those of the rightful owner. If that person is not known, then title rest with the finder

The possessor of property has superior rights to all persons except those of the rightful owner. If that person is not known, then title rest with the finder

privity of contract.

The relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so. I.E.(AP1 for 10 years sell my ap to AP2)

Jus Terthii

The right of a third party

The rule against perpetuities

The rule against perpetuities at common law invalidates certain future interests (traditionally contingent remainders and executory interests) that may vest beyond the time of perpetuities (21 years). In essence, the rule "limit[s] the testator's power to earmark gifts for remote descendants". The perpetuities period under the common law rule is not a fixed term of years. By its terms, the rule limits the period to at the latest 21 years after the death of the last identifiable individual living at the time the interest was created. This "measuring" or "validating" life need not have been a purchaser or taker in the conveyance or devise. The measuring life could be the grantor, a life tenant, a tenant for a term of years, or in the case of a contingent remainder or executory devise to a class of unascertained individuals, the person capable of producing members of that class. The rule prevents the property owner from distributing and controlling his assets for too long a period of time after his death—a concept often referred to as control by the "dead hand" or "mortmain". When a part of a grant or will violates the rule, only that portion of the grant or devise is removed. All other parts that do not violate the rule are still valid.

Subject to Condition Subsequent/ Right of Reentry

This estate waits for someone to stub their toe. When the condition occurs the estate can be cut short because of the breach of a condition and reentry by the grantor is allowed i.e. (but if he quits law school then reentry; aka ... provided that- then reentry etc...) Condition subsequent is always tied to words authorizing reentry for a condition broken (Right of Reentry)

Subject to Executory Interest

This is an estate that is going to passed on to someone other than the grantor in the future... there are Spring and Shifting. Watch out for the Rule against Perpetuities, this is were they pop up. You could have a fee simple subject to a springing executory interest.

THE FOUR CATEGOTIRES OF FOUND PROOPERTY 4. TREASURE TROVE

Treasure trove consists of coins or currency concealed by the true owner that includes an element of antiquity. The property must have been hidden or concealed for such a length of time that the true owner is probably dead or undiscoverable. Treasure trove property belongs to finder against the claims of all except the true owner.

FRAUDULENT CONVEYANCE--

When you convey property to hide it from creditors and don't get reasonable consideration for it The taking of a primary residence is prejudicial to the non-debtor spouse

Replevin

a common law action for return of the thing

Trover

a common law form of action for the value of the thing

Heir

a person who is entitled to receive an intestate (without a will) descendant's property

License

a revocable permission to commit some act that would otherwise be unlawful

ferae naturae

animals in the wild

Words of Purchase

are Words in a conveyance or deed which point out who is to acquire an interest in a land.

Words of Limitation

are Words in a conveyance, deed, or will which describe and set the duration, extent, or quality of an estate that is, limit the size of interest given. The words "To 'X' and her heirs," for example, interpreted according to the established principles of land law indicate the quantum of the interest granted to 'X' but give nothing directly to her heirs.

• Partition by kind

cut the baby in half give undivided interest in half in sole ownership to each party (this is what the courts prefer to do if it is fair) Courts give preference to the cotenant who has a particular attachment to the land If partition in kind would result in lots that violate the applicable zoning ordinance, a partition by sale would be ordered Owelty---partition in kind may be ordered even though the parcels are of unequal value if the differences can be compensated with offsetting payments called owelty(buying out) Some jurisdictions allow buy out(owelty) some do not

Chancery

equity courts

Tolling and the Statute of Limitations for Adverse Possession

for a disability exists in every state. The only disability allowed is one that exists before and when the adverse possession begins. Once the disability ends the clock starts to run. The true owner cannot use a disability acquired later to toll the statute. Disabilities include being in prison, underage, etc...

What is the estate?

i.e. , on exam word it like this: O's fee simple is SUBJECT TO A's EXECUTORY INTEREST A living person has no HEIRS (only heirs apparent) • Heirs---receivers of property from a decendent who dies intestate or through their will • Children—immediate children, first level • Issue—children, grandchildren, great grandchildren, etc • Next of kin. 1. The person or persons most closely related to a decedent by blood or affinity. 2. An intestate's heirs -- that is, the person or persons entitled to inherit personal property from a decedent who has not left a will. See HEIR. • offspring. Children; issue; progeny. • Children are not necessarily issue • Children who are issue are not necessarily heirs

Escheat

if there are no heirs then the propery, real or personal, escheats to the estate

Escheat—

if there is no valid will and no heirs the property goes to the state A person having an remainder, reversion, contingent remainder, etc. may maintain an action for injury done to the inheritance nothwithstanding an intervening estate even though he has no right to current possession of the property at the commencement of the action You can have seisen without the current right to possess, i.e Tenant has the right to possession the landlord doesn't but the landlord has seisen because the tenant has less than a free hold estate and less than freehold estates NEVER have seisen (piggyback rule)

Per stirpes

is a legal term in Latin. An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issues in equal shares. It may also be known as right of representation distribution.

Conversion

is an unauthorized act that deprives an owner of personal property without his or her consent.The wrongdoer converts the goods to his or her own use and excludes the owner from use and enjoyment of them. The English Common Law early recognized such an act as wrongful and, by the middle of the fifteenth century, allowed an action in Trover to compensate the aggrieved owner.

Animus revertendi

is when a wild animal escapes and then reverts back to captivity, returns to the original owner Animus revertendi did not apply here because Hickerill intervened with his shotgun and frighten the birds away.

• Periodic Tenancy

leasehold interest month to month, week to week, not for a specific period of time but for intervals of time) 1. Time period to time period (specific period of time on a specific period of time) 2. Automatically rejuvenates itself on a periodic basis automatically extends itself 3. Could be there for a multitude of months(NOT SET FOR A specific period of time) 4. There is a right to renew at the end of the month, week, etc.

• Tenancy at Will

leasehold interest really don't exist today because of statutory changes in law) 1. At the common law no notice needed to be given by landlord to tenant or tenant to landlord if they want to terminate the tenancy at will 2. Because of modern statutes if you want to terminate have to give a certain amount of days notice, landlord to tenant or tenant to landlord (which makes them periodic tenancies) 3. Convey property to you until I no longer want you to live there(not for a specific period, not a month to month or week to week)...will say as long as I or you want or as you will

Chattels defined

movable or transferable property

Chattel

movable or transferrable property

To establish JTWRS need at time of grant FOUR UNITIES

o TIME— Joint tenants interest must vest at same time o TITLE— Joint tenants must acquire interest by same instrument o INTEREST—Joint tenants have to share the same (equal) interest in the property(estates of same type and duration)for example one cannot have a life estate and the other a term of years...DOES NOT MEAN EQUAL ECONOMIC SHARES o POSSESSION—All joint owners are entitled to possession of the whole despite their proportional interest (not portions of property)(have undivided interest in the whole)doesn't mean they have to physically occupy, only the entitlement to possession

Revocable Permission

permission capable of being withdrawn

Equitable title

premises

• Partition by sale--

sell and split to proceeds (done ONLY when absolutely necessary) and should be done only when two conditions are satisfied: i. Physical attributes of land are such that a partition in kind is impracticable or inequitable ii. The interest of the parties would be better served by partition by sale Party requesting partition by sale has the burden to show that such a sale would better promote the owners interest

Gray's Rule

states that the first person to catch a ball that enters the stands becomes its possessor. Possession begins when the momentum of the ball and the momentum of the person trying to catch or retrieve the ball stops. Popov acquired possession and title for a brief moment in time but he did achieve full possession. He was attacked. With this, Popov acquired only a qualified pre-possessory interest in the ball, thereby creating a cloud on the title.

Fee simple (4 kinds of fee simple estates)1. Absolute

subject to no other conditions or other interests (fee simple absolute) infintite, largest estate granted in property law largest estate in law of infinite time and authority Defeasibles...

Determinable/ Possiblity of Reverter.

this type of estate is always indicated by words of duration, ie... so long as, until, during etc.. a Determinable is always followed by a reversionary interest in the grantor called a Possiblity of Reverter.

EQUITABLE RESTITUTION

when one spouse walks out on the other when the good times start (financially) but they have been together through the hard financial times...More than alimony..as the other accumulates assets wealth after the divorce she should join in the enjoyment of the and share in it...because of all the things she did during the marriage to help him get to the point to be able to have that wealth after marriage...not trying to value the celebrity, licence etc, but rather the value of the contribution by the other spouse in gaining to that celebrity, license, etc...there should be an award..labor theory Goodwill— Can place a value on it....in the sale of business.. is a marital asset Expectations—Mere expectations (i.e. 4th year of a 5 year vesting of plan) DON'T have value Celebrity has value

Bailment

when possession of a thing is transferred from one person to another for a limited purpose

Ratione Soli

where a person in possession of land has "constructive " possession of things that are on or under his land even though they are not actually in his control

Determinable

• Can be cut short • Always followed by the reversionary interest in the grantor called Possibility of Reverter e.g. Fee Simple Determinable for example but not limited to: so long as, until, during • Someone has a future interest in the property • defeasible, adj. (Of an act, right, agreement, or position) capable of being annulled or avoided <defeasible deed>. See fee simple defeasible under FEE SIMPLE---THINGS THAT CAN BE TAKEN AWAY---YOU CAN LOSE IT

Absolute

• Cannot be cut short (no conditions that can cut it short) • Not subject to conditions or other interests • Not subject to divestment (defeasment) • Example: Fee simple Absolute

STATUTORY

• Community Property (states like CA, not older colonial states) For example Everything you acquire during the course of the marriage is a 50/50 split DEVISABLE Unlike tenancy by the entirety can be disposed of by will***** Alienable by either party unless they are married in which case it is NOT Alienable • In community property states for real and personal property...can get ½ of all earned during the marriage.. • voluntary contractual obligation-- a victim in a contractual situation then creditor can't reach community property

TOLLING

• Factual issue as to when the cause of action accrues • have to be under the disability when the cause of action accrues • Only disability that counts is a disability that exists when the adverse possessor begins adversely possessing (takes possession of property) i.e. if they subsequently become disabled or they incur another disability these would not count or heirs disability does not start the tolling • Applies to the original Adverse Possessor and to his successors (i.e. tacking) • Death Terminates disability

REPAIRS

• Ordinary Repairs—new roof because the old one is leaking • Capital Improvements---New Pool Common law says: If any concurrent owner makes an improvement (increases the value of the property) he is not entitled to contribution from the other co-tenant but he is entitled to the increase of the value that the improvement made to the property when the property is sold On partition the one who made the improvement is entitled to the part of the property that has been improved

GOVERNMENT LANDS

• Right to a crop on unenclosed public lands is with the person who planted it when competing with one who just took it against the planters will...doesn't mean the government can't claim it because technically the wheat belongs to the government...but it's a relativity of title principle...the one who took it can't use the JUS TERTII defense (saying the planter can't sue because the government owns the wheat)...because between the one who planted it and the one who took it the planter is the true owner • CAN'T ADVERSELY POSSESS GOVERNMENT LAND because the government cannot watch all the land and as a result it makes the land less marketable if it is subject to an adverse possessor • If government acquires title to property that's in the hands of the adverse possessor, the adverse possession stops • If government takes title to private property and uses it for public use the AP is tolled during that time until it gets in private hands again

The grantee only gets as good a title as the grantor has

• Words of purchase describes the grantee • Words of limitation describe the estate (describe the estate you convey) a. In A "and his heirs" heirs is not a word of purchase but rather words of limitation because it describes the estate not the grantee b. I f there are no words of limitation then it is a FEE SIMPLE don't have to include words of inheritance if conveying a fee simple