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US — Property (AI set 1) — US law flashcards · caselaw · US
Property · Property
US — Property (AI set 1)
US property law — acquisition, estates and future interests, concurrent ownership, and conveyancing.
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Fee simple determinable vs. fee simple subject to condition subsequent — key difference?
A fee simple determinable ends automatically upon the stated event (possibility of reverter in grantor); a fee simple subject to condition subsequent does not end automatically — the grantor must exercise a right of entry (power of termination). Both are recognized estates in land under common law.
Joint tenancy — what four unities must be present, and what is the key right of survivorship?
Joint tenancy requires unity of time, title, interest, and possession (the four unities). Upon a joint tenant's death, the decedent's share passes automatically to the surviving joint tenant(s) by right of survivorship, bypassing the estate. Severance of any unity converts the tenancy to a tenancy in common.
Adverse possession — what five elements must a claimant typically prove?
A claimant must show actual, open and notorious, exclusive, hostile (under claim of right), and continuous possession for the statutory period. These requirements ensure the true owner has fair notice and opportunity to eject the trespasser before title is lost.
Easement appurtenant vs. easement in gross — what is the distinction?
An easement appurtenant benefits a dominant estate and runs with that land upon transfer; an easement in gross benefits a person (or entity) rather than a parcel and generally is not transferable unless it is commercial in nature. The distinction determines whether the easement passes automatically with a deed.
Under a race-notice recording act, when does a subsequent purchaser prevail over a prior grantee?
Under a race-notice statute, a subsequent bona fide purchaser prevails only if (1) she takes without actual or constructive notice of the prior conveyance AND (2) she records before the prior grantee. Satisfaction of both conditions is required; recording alone without good-faith purchase is insufficient.
Rule Against Perpetuities — what is the classic common-law statement of the rule?
No interest in property is valid unless it must vest, if at all, within a life in being at the creation of the interest plus twenty-one years. The rule applies to contingent remainders, executory interests, and vested remainders subject to open. Many states have reformed or abolished the rule by statute (e.g., Uniform Statutory Rule Against Perpetuities).
Fee simple subject to executory limitation — how does the future interest differ from a right of entry?
A fee simple subject to an executory limitation automatically shifts title to a third-party transferee (an executory interest) upon the triggering condition; no election or re-entry by the grantor is needed. By contrast, a right of entry (power of termination) following a fee simple subject to condition subsequent requires the grantor to affirmatively elect to reclaim the estate.
Tenancy in common — how does it differ from joint tenancy regarding survivorship and alienability?
Tenants in common each hold separate, undivided fractional shares that pass to their heirs or devisees upon death — there is no right of survivorship. Each co-tenant may freely transfer their share without the others' consent, and unequal shares are permissible, unlike the strict four-unities requirement of joint tenancy.
Landlord-tenant — what is the 'implied warranty of habitability' and to whom does it apply?
The implied warranty of habitability, recognized in most U.S. jurisdictions, requires a residential landlord to maintain the leased premises in a condition fit for human habitation throughout the tenancy. It applies to residential leases and cannot generally be waived by the tenant; breach may entitle the tenant to withhold rent, repair-and-deduct, or terminate the lease.
Negative covenant running with the land — what elements must be satisfied for the burden to run to successors?
For a restrictive (negative) covenant's burden to run at law, the original parties must have intended it to run, there must be privity of estate between covenantor and covenantee, and the covenant must touch and concern the land. In equity, running as an equitable servitude requires only intent, notice in the successor, and that the covenant touch and concern the land — privity is not required.
Prescriptive easement — how does it differ from adverse possession regarding the exclusivity element?
Adverse possession requires that the claimant's use be exclusive, meaning the claimant possesses the land to the exclusion of the true owner and the general public. A prescriptive easement, by contrast, does not require exclusive use — the claimant need only show open, notorious, hostile, and continuous use for the statutory period, because an easement is a non-possessory right.
What is the 'shelter rule' and how does it protect a subsequent grantee under recording acts?
The shelter rule allows a grantee who takes from a bona fide purchaser (BFP) to 'step into the shoes' of the BFP and prevail against prior interests, even if the grantee personally had notice of the prior claim. This prevents the BFP's title from being unmarketable and is a standard principle of recording-act law recognized across U.S. jurisdictions.
Fee tail — what estate does it create, and how have most U.S. states treated it?
A fee tail (estate tail) limits inheritance to the grantee's lineal descendants, preventing alienation outside the bloodline. Most U.S. states have abolished the fee tail by statute, converting a grant 'to A and the heirs of his body' into a fee simple in the grantee.
Life estate — what is the doctrine of waste, and what types bind a life tenant?
A life tenant must not commit voluntary waste (affirmative acts that damage the property) or permissive waste (failure to make ordinary repairs), because the remainder or reversion holder has a legally protected future interest. Ameliorative waste — changes that increase value — may also be enjoined if they substantially alter the property's character.
Concurrent ownership — what is a tenancy by the entirety, and who may hold it?
A tenancy by the entirety is a form of co-ownership available only to legally married spouses, carrying full right of survivorship and — in most states that recognize it — immunity from partition and from the individual debts of one spouse alone. It requires the same four unities as a joint tenancy plus the unity of marriage.
Constructive notice under recording acts — what triggers it for a subsequent purchaser?
A subsequent purchaser has constructive notice of any instrument properly recorded in the chain of title in the public records, regardless of actual knowledge, because the law charges the buyer with the duty to search the records. Failure to search does not allow a subsequent buyer to claim BFP status against a duly recorded prior interest.
Landlord-tenant — under the common-law rule, what was a landlord's duty to repair leased premises?
At common law, a landlord owed no general duty to repair leased premises after delivery of possession; the tenant took the property 'as is' and bore the burden of maintenance under the doctrine of caveat lessee. This rule has been substantially modified in most jurisdictions by the implied warranty of habitability for residential leases.
Express easement — what formality is required for its creation, and why?
An express easement must satisfy the Statute of Frauds and be created by a written instrument signed by the grantor, because an easement is an interest in land. An oral grant of an easement is unenforceable unless the claimant can invoke part performance or estoppel.
Landlord-tenant — what is 'constructive eviction,' and what must a tenant do to claim it?
Constructive eviction occurs when a landlord's substantial interference with the tenant's quiet enjoyment renders the premises uninhabitable, effectively forcing the tenant out. To claim it, the tenant must actually vacate within a reasonable time after the offending conditions arise; remaining in possession waives the claim. This doctrine is recognized at common law and reflected in the Restatement (Second) of Property § 6.1.