Property - Ownership and Rights in Land
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| Ownership and Rights in Land - Coverage Areas | -Ownership
--Future Interest
---FSD
---FSCS
--Joint Tenancy
--Partition Proceedings
-RIGHTS IN LAND
--Licenses
--Easements-creation and destruction
--Covenants
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| Checkpoint Items | -Co-Tenants
--Joint Tenancies
-Licenses
-Easements
-Issues concerning equitable principles
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| Future Interests | -Future Interest in Grantor
--POR (auto)
--ROR (Duty)
--Reversion
-Present Possessory Interest
--FSA
--FSD
--FSSCS
--FSSEL
--Life Estate
-Future Interest in Third Party
--Executory Interest
--Remainder
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| Rule Against Perpetuities | 1)Contingent Remainders
2)Options to Purchase (Fee options)
3)Powers of Appointment
4)Executory Interests
5)Rights of First Refusal
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| Restraint on Alienation I | -A restriction prohibiting the recipient from selling or otherwise transferring his interest in the property.
-Such restraints are void as against public Policy of allowing landowners to freely dispose of their property.
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| Restraint on Alienation II | ...-Certain restraints are valid including:
--A prohibition against partition of property fro a limited time
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| Restraint on Alienation III | ...--The right of first refusal - a sells property to B, A may req' that if B later decides to seek the property she must first give a the opportunity to buy it back.
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| Concurrent Estates I | -JOINT TENANCIES
1)4 unities - time, title, interest, possession
2)Survivorship-Estate passes to the survivor
-TENANT BY THE ENTIRITIES (TBE)
1)Reserved for husband and wife
2)5th unity person
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| Concurrent Estates II | -SEVERANCE-JT becomes Tenancy in Common (TIC):
1)Conveyance Inter vivos
2)Death of one of two remaining JT's
3)Mortgage under the title theory
4)Final Partition Action
-TENANCY IN COMMON
1)Unity of possession only.
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| License | A revocable personal privilege to enter the servant tenement of the licensor with liability for trespass.
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| Easements I | -A non-possessory interest in the use of land of another
-Easements in Gross
1)No dominant tenement
2)Do not run with the land
-Easements Appurtenant
1)2 Parcels- benefitted -dominant; burdened-servient
2)Does run with the land
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| Easements II | -Creation
1)Expressly in writing-grantor to grantee
2)Necessity-landlocked, but allow jude to decide
3)Implication-reflect practices and customs of property
4)Prescription-adversely possessed (no exclusivity)
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| Easements III | -Termination
1)Written release
2)End of necessity
3)Abandonment-Req intent & physical act
4)Merger-Unity of ownership
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| Covenant | A contract in which the covenanter makes a promise to covenantee to do or not do some action tied to the use of land. A covenant running with the land, imposes duties or restrictions upon the use of that land regardless of the owner!
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