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property law

prop law cards

QuestionAnswer
gift - I D A (a) Intent to give (b) Delivery i. movable then you must move it or ii. can document it w/o movement (c) Acceptance – assumed
Contract for land elements 1 property description (exception Mother Hubbard clause-all I own), 2 in writing(unless buyer changed position in reliance), 3 parties, 4 amount
elements of joint tenancy - 4 unities 1 own same time 2 own by same title 3 same type interest 4 same right to whole property Can't transfer.
elements of tenancy by entirety - 5 unities 1 own same time 2 own by same title 3 same type interest 4 same right to whole property 5 marriage Can't transfer.
Adverse possession - DP Duration Possession continuous Actual uninterrupted Notorious/Open sOL aNotice if hidden tacking Exclusive disability H3 hostile objective, bad faith-ME, good faith-NY
6 land covenants SEC AWE Present 1 Seisin 2 Encumbrances 3 conveyance Future 4 assistance/assurance 5 warranty 6 quiet Enjoyment >title
defeasible estates SED 1 condition subsequent 2 executory interest(3 party) 3 determinable
tenancy in common Own part w/use of whole. Can transfer/sell/devise share w/o consent. Can convey and remains TIC. Ouster entitles co-tenants to rent.
partition concurrent estate partition in kind-physically split property partition by sale-sell and split proceeds
Dumpor's rule LL agreeing to an assignment = always, unless expressly stating it is one time event. Rule only applies to assignments, not subleases.
Easement types affirmative-yes you can, negative-they can not, appurtenant-runs with land, in gross-personal right(no servient estate)
creation of easements -PING 1 prescription-notorious, hostile, continuous, uninterrupted for SOL 2 implication-not express, inferred by court due to prior use 3 Necessity-no previous use(quasi-easement)-convey land !road access 4 Grant-deed in writing, signed by grantor
Created by: ibmclp on 2010-12-05



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