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Definition
| Sticks in the Bundle, Legal Realism, Prior Possession, Labor Theory, Property as Personhood, Settled Expectations |
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| consistent as a true owner would |
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| Use as a true owner would |
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Definition
| Intention, Delivery, Acceptance |
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Definition
| Manual, Constructive, Symbolic |
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Term
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Definition
| key; object that allows access |
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Term
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| voluntary, immediate transfer of property w/o consideration from one person to another |
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Definition
| gift is revoked if donor survives, 3 Gift elements + imminent death |
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Term
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Definition
| Just Compensation, Public Use, Taking |
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Term
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Definition
| essential nexus between state's interest and the exaction imposed |
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Term
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Definition
| physical invasion, regulation denying all economically beneficial or productive use of land |
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Term
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Definition
| relating to public health; not a taking; private home does not qualify |
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Term
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Definition
| estate of inheritance, can last forever |
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Term
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Definition
| ends automatically when an event happens; Possibility of Reverter "only until... so long as... while... until.. during.. as long as" |
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Term
| Fee simple subject to Condition subsequent |
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Definition
| may be divested at the grantor's election; right of re-entry |
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Term
| Fee simple subject to Executory limitation |
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Definition
| when a grantor trasnfers fee simple to conditions subsequent and in the same instrument creates a future interest in a 3rd party |
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Term
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Definition
| "O to A and the heir of his body"... O would become possessory when A's bloodline ended |
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Definition
| "O to A for the life of X" |
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Term
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Definition
| actively do something that damages the property |
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Term
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Definition
| Negligence; failure to preserve the land/structure, Pay interest on the mortgage, pay ordinary taxes |
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Term
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Definition
| improvement upon the property w.o consent of the future interest holders |
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Term
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Definition
| only follow a particular estate (less than fee simple) |
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Term
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Definition
| only follows a fee simple determinable |
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Term
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Definition
| future interest in someone other than the grantor, immediately following a preceding particular estate |
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Term
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Definition
| right to immediate possession is w/o pre-conditions |
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Term
| Vested remainder subject to Divestment |
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Definition
| when a condition subsequent can cut it off |
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Term
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Definition
| a class of recipients where at least one member is born/ascertained |
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Term
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Definition
| immediate possession is subject to a condition precedent or to an unascertained persons |
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Term
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Definition
| future interest in a person other than the grantor that either directly follows a fee simple or divests another estate or directly follows possession by the grantor |
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Term
| Shifting executory interest |
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Definition
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Term
| springing executory interest |
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Definition
| the possession springs out of the grantor at some future time |
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Term
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Definition
| Must share Time, Title, Interest, Possession |
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Term
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Definition
| Marriage + Joint tenancy. Ends at death, divorce or mutual agreement |
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Term
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Definition
| fixed duration that continues for succeeding periods until landlord or tenant gives notice of termination |
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Term
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Definition
| no fixed period and endures as long as both landlord and tenant desire |
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Term
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Definition
| holdover; tenant remains in possession after tenancy period is over |
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Term
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Definition
| tenant remains in possession for only a few hours, leaves a few articles, or the delay isn't the tenant's fault (severe illness) |
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Term
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Definition
| vacate the leased premises w/o justification, have no intention to return, default in the rent |
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Term
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Definition
| when injury would result from denying enforcement of the oral contract after one party has been induced by the other seriously to change his position in reliance on the contractI |
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Term
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Definition
| allows the specific enforcement of oral agreements when particular acts have been performed by one of the parties to the agreement |
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Term
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Definition
| free from reasonable doubt of the hazard of litigation; implied condition of a contract of sale |
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Term
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Definition
| where fairness and common sense dictate that an exception should be created |
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Term
| Implied warranty of quality |
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Definition
| privity of contract is not necessary for a subsequent purchaser to sue a builder/contractor for latent defect which manifest within a reasonable time after purchase and cause economic harm |
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Term
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Definition
| knowledgable subsequent purchaser cannot sit on their rights |
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Term
| Remedies for Breach of Sales |
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Definition
| Damages, retention/restitution of the deposit, specific performance |
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Term
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Definition
| warranties only against the grantor's own acts, but not the acts of others |
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Term
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Definition
| Subject to mortgage, Assuming Mortgage, Acceleration clause |
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Term
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Definition
| purchaser does not assume any personal liability for the mortgage, for which the mortgagor remains liable |
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Term
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Definition
| purchaser assumers personal liability for the mortgage, but does not relieve mortgagor of duty to pay lender |
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Term
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Definition
| if mortgagor's equity is transferred, allows lender to declare whole amount of the debt due and, upon failure to pay, to foreclose |
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Term
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Definition
| court ordered, sell property at public auction and distribute any surplus sales proceeds to junior lien holders and the mortgagor |
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Term
| Power of Sale foreclosure |
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Definition
| contract contains express provisions by which the mortgagor consents to foreclosure of the equity of redemption by a public auction sale, but w/o any judicial involvement |
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Term
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Definition
| parties intend a deed, lease or other instrument to be secured for a debt, courts are going to treat it like a mortgage, regardless of the form of transaction |
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Term
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Definition
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Term
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Definition
| reasonable person would discover through inquiry |
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Term
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Definition
| actual, constructive, inquiry, imputed |
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Term
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Definition
| arises in the context of a special relationship b/t 2 people |
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Term
| Type of Recording Acts (3) |
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Definition
| Race Statute, Notice statute, Race-notice statue |
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Term
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Definition
| between successive purchasers of property; person who records first prevails; cannot have notice |
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Term
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Definition
| if a subsequent purchaser has notice of a prior unrecorded instrument, the purchaser could not prevail over the prior grantee |
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Term
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Definition
| subsequent purchaser is protected against prior unrecorded instruments only if he/she: 1) didn't have notice at time of delivery 2) records before the prior instrument is recorded |
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Term
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Definition
| A is given the right to enter upon B's land |
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Term
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Definition
| A is given the right to enter upon B's land and remove something attached to the land |
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Term
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Definition
| A is given the right to enforce a restriction on the use of B's land |
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Term
| Real Covenant/Equitable Servitude |
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Definition
| A is given the right to require B to perform some act on B's land |
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Term
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Definition
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Term
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Definition
| where the grantee is aware of a reasonably necessary use of the grantee's property for the comfortable enjoyment of the grantor's property |
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Term
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Definition
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Term
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Definition
| benefits the dominant parcel and runs w/ the land |
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Term
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Definition
| the benefit is for a person or for commercial purposes |
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Term
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Definition
| to prevent theft of info by unfair/commercially unreasonably means; must take reasonable steps to maintain its secrecy; no protection against independent discovery |
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Term
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Definition
| creates 14 year monopoly as an incentive. |
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Term
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Definition
| literary/artistic expressions, protects against copying the expression, not the underlying message. |
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Term
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Definition
| to protect consumers from sellers perp'n. Generic, Descriptive, Suggestive, Abitrary/Fanciful |
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