MEE Flashcards
Adverse Possession:
The general rule for adverse possession is that the adverse possessor must:
(1) continuously possess the property they are claiming
(2) openly and notoriously
(3) hostile (possession must be against the owners claim of right and without his consent)
(4) exclusively and actual possession
Disabilities:
The rule for disabilities is that the disability must be present at the time the adverse possessor began possessing in order for the time to be tolled.
((…) descendent was under the age of 18 when he/she took title to the property and would qualify as a disability)
Timing of Disability:
The rule states that the disability must have existed as the rightful owner when the adverse possessor began adversely possessing.
Conclusion - Adverse Possession:
Because (…) exclusively and actually possessed (…), without the consent of (…), was openly using the property, and was in continuous possession for the (…) years, he/she will take title to (…).
Particular Part of Property:
The general rule is that an adverse possessor will only take title to the part of the property that they have been utilizing/possessing.
However, there is an exception when the adverse possessor is possessing biased upon color of title.
Colorable Title “color of title:”
Refers to a claim or appearance of ownership rights to a property that seems valid on the surface but is actually defective or incomplete.
Having color of title can sometimes make it easier or quicker for someone to claim ownership through adverse possession.
Life Tenant Obligations:
A life tenant is someone who has been granted the right to use and occupy a property for the duration of their lifetime. They share ownership of the property with a remainder man, who inherits full ownership after the life tenant’s death.
The holder of a life estate is obligated to pay the property taxes on the property which they have a possessory interest in.
The remainder man is not obligated to pay property taxes until their interest becomes possessory.
Fee Simple Determinable:
A fee simple determinable is a conveyance which is capable of lasting forever, provided that it does not violate a restriction in the granting clause. Fee simple determinable interests contain determinable language such as “so long as.”
The future interest which corresponds with a fee simple determinable is a possibility of reverter which is held by the grantee. If and when the condition attached to the fee simple determinable is violated, possession of the property automatically reverts back to the grantor.
MEE EXAMPLE: “This restriction contained durational language, which indicates that ____ had a fee simple determinable, and (Grantor) retained a possibility of reverter.
Possibilities of reverter are valid future interests, and the rule against perpetuities does not apply to future interests held by a grantor. Additionally, such conditions are not absolute restraints on alienation, and therefore are valid.
Future Interest:
Future interests created in the grantor are alienable and devisable. They can be sold to buyers, passed down through intestacy, or given away in a will.
MEE EXAMPLE: “Here, upon ____ death, ____ took his/her possibility of reverter in the (property) by way of the residuary clause in the will.”
Fee Simple Subject to Condition Subsequent:
A fee simple subject to condition subsequent is an interest whereby the grantee may keep so long as they do not violate a condition subsequent.
The condition is usually indicated by conditional language such as “provided that” or “on condition that.”
The future interest that accompanies a fee simple subject to condition subsequent is a right of entry, which is reserved for the grantor.
The right of entry language usually must be included in the granting language. The grantor must file an ejectment action once the condition is violated to take back possession of the land.
Condition of Fee Simple Determinable Violated:
Upon violating the condition of a fee simple determinable, it automatically reverts back to the grantor.
Legal Possession/ Actual or Physical Possession - Tentant/Landlord:
Legal possession refers to the right to posses or occupy an apartment or land.
Actual or physical possession requires a landlord to give the tenant the actual ability to enter the apartment or property being leased, not just the mere right to do so.
Periodic Tendency:
A periodic tenancy will arise after a holdover tenant wrongfully remains on the property.
In a residential setting, a periodic tendency is assess on the periodic tendency of month-to-month.
In a commercial setting, a periodic tendency is assess on the periodic tendency of year-to-year.
