Property Flashcards
Adverse possession
1) actual and exclusive
2) open and notorious
3) continuous for statutory period
4) adverse and under claim of right Objective vs object
Gift elements
Intent
Delivery
Acceptance
Types of wills
Attested
Holographic
Statutory
Preferred tenancy
Tenancy in common
Delivery
Handing over
Or
Constructively
Symbolically
Indefeasibly vested remainder
Is certain to become possessory
Vested remainder subject to open
More may be added (people born)
Vested remainder subject to divestment
condition subsequent
To A for life, then to B for ten years. What’s B’s interest
Vested (waits politely) for a term of ten years leasehold
Types of vested remainders
- Indefeasible vested remainder
- Vested remainder subject to open
- Vested remainder subject to divestment
To a for life, then to B, but if A sells marijuana on land, then to C
B has vested remainder
Type: vested subject to divestment
C: has shifting executors interest
Future interests
- Vested remainder
- Contingent remainder
- Executory interest
(Shifting or springing)
Remainder
with condition subsequent
Vested remainder in fee simple determinable
Or fee simple defeasible
Remainder with
Condition precedent
Contingent remainder in fee simple absolute
To my son Able, but when my grandchild Beverly graduates from law school to her
Able has?
Beverly has?
A: fee simple subject to executory limitation
B: shifting executory interest in fee simple
Vested remainder can’t follow ?
Vested remainder, it turns executory (shifting or springing)
Adverse possession
Enters Before will
Enters after will
Before: S/L doesn’t start over. Can use tacking
After: can’t tack, starts over
Unreasonable restraints on alienation are void because
Practical effect test
makes property
- unmarketable
- Discourages improvement
- Impossible for land to be sold
- Keeps creditors from being able to reach property
Test for vested remainders
Ramainderman is
A) born
B) ascertainable
C) there is no condition precedent
Rule of capture
Majority
Tompkins
- Kill
- Mortally wound
- Trap
Rule of capture
Dissent
Livingston
Reasonable prospect of capture
Kill as many foxes as possible
3 exceptions to rule of capture
Customs
Animals on private land
Government owned animals
Future interest
Grantor
Possibility of reverter
Right of entry
reversion
Remainder with condition subsequent vs. condition precedent
Condition subsequent = VRSD
Condition precedent = CR
Unascertained people have what kind of remainder
Contingent remainder
Executory interest
Cuts short someone’s present interest Does not wait patiently. (As vested does)
Joint tenants 4 unities
Time
Title
Interest
Possession
