Property

Question 1

Traditionally at common law joint tenancy requires 4 unities: T.T.I.P.

Answer 1

T = time (joint tenants must take at the same time)

T = title (joint tenants must take by the same instrument i.e. title)

I = interest (must take equal shares of the same type)

P = possession (each joint tenant has the right to possess the whole)

⚠️Note: today at modern law only INTEREST and POSSESSION is required

Question 2

Rules against perpetuities, the possible future interests = C.O.P.E.R.

Answer 2

C = contingent remainders/ class gifts
O = options to purchase
P = powers of appointment
E = executory interest
R = right of first refusal

Question 3

How to terminate an easement: E.N.D.C.R.A.M.P.

Answer 3

E = estoppel
N = necessity
D = destruction
C = condemnation (not habitable)
R = release
A = abandonment
M = merger
P = prescription (O.C.A.N)

Question 4

Adverse possession: O.C.E.A.N.

Answer 4

O = open and notorious (visible)
C = continuous (for statutory period)
E = exclusive
A = actual
N = non-permissive (hostile and adverse)

⚠️note: title acquired by adverse possession is not marketable without a judicial decree - title is “good” but not marketable