prop law cards
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| 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
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| 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
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| 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.
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| 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.
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| 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
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| 6 land covenants SEC AWE | Present 1 Seisin 2 Encumbrances 3 conveyance
Future 4 assistance/assurance 5 warranty 6 quiet Enjoyment >title
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| defeasible estates SED | 1 condition subsequent 2 executory interest(3 party) 3 determinable
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| 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.
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| partition concurrent estate | partition in kind-physically split property
partition by sale-sell and split proceeds
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| Dumpor's rule | LL agreeing to an assignment = always, unless expressly stating it is one time event.
Rule only applies to assignments, not subleases.
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| Easement types | affirmative-yes you can, negative-they can not, appurtenant-runs with land, in gross-personal right(no servient estate)
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| 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
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