Property Flashcards
Valid deed reqs (WDGIS)
1) be in writing, 2) sufficiently describe land, 3) identify grantor and grantee, 4) intent to convey land, 5) signed by grantor.
Adverse possession
Open (and notorious)
Continuous (possession average owner would make on property)
Exclusive (not sharing with true owner)
Actual
Non-permissive (hostile and adverse)
Notice statute
BFP prevails over prior grantee w/o recording
BFP
Purchaser that takes for valuable consideration and without notice of prior claim at time of conveyance
Types of notice
- Actual: what purchaser actually knows
- Record: prior deed recorded in grantee’s chain of title
- Inquiry: what purchaser would’ve discovered by inspecting property
Interests that arise by law
Ex. adverse possession, prescriptive easements. Subsequent purchasers take subject to
Joint tenancy
Conveyance to two or more persons at the same time, by the same instrument, of the same interests, giving them identical rights to possession of the property
Shelter rule
Person who takes from a BFP will prevail against interest that the transferor-BFP would have prevailed against, even if BFP had notice