Real Property

Question 1

Adverse Possession

Answer 1

1) Hostile
2) Actual
3) Open & Notorious
4) EXCLUSIVE
5) Continuous

*1 act as owner/NOT acknowledge anyone else
*2 consistent w/ normal use
*3 reasonable notice
*5 complete statutory period/”tacking” is permitted, but ONLY if privity of estate btw possessors
MBE - 20YRS
NY - 10YRS/P tolling for disability, if w/in 3yrs of end of disability

Question 2

Few Simple Determinable
Language:
Grantors interest:
3rd party interest:

Answer 2

Language: so long as/as long as/while/during
Grantors interest: Possibility of Reverter
3rd party interest: Shifting Executory

Question 3

Few Simple Subject to a Condition Subsequent
Language:
Grantors interest:
3rd party interest:

Answer 3

Language: but if/on condition that/provided/however
Ex: “To X and his heirs, but if…”
Grantors interest: Right of Reentry (violation)
3rd party interest: Shifting Executory

Question 4

Riparian Rights

Answer 4

Water rights -
lands on water may make reasonable use
Domestic use takes priority

Question 5

Prior Appropriation

Answer 5

First in time, first in right

Earliest user has the right to take all they can use before everyone else

Question 6

Contracts vs Deeds
Which controls?
Who must sign?

Answer 6

K merges with Deed
Deed controls
Seller and buyer sign contract
Only the seller signs a deed

Question 7

Joint Tenancy:

Four Unities

Answer 7

1) TIME
2) TITLE
3) INTEREST
4) POSSESSION

• 1 all T take interest at the same time
• 2 all T take interest from the same source (same deed/will)
• 3 all T take interest from the same source (same deed/will)
• 4 every T owns undivided whole (NOT a fractional interest)

CL: Joint tenancy requires survivorship intent expressed in the instrument
MBE/NY: infer survivorship w/out specific “survivorship” words, e.g. “to A and B as joint tenants”, or “jointly”

Question 8

Recording of deed:

CL, Race, Notice, R-N

Answer 8

CL: first in time, first in right
Race: first to record
Notice: last bona fide purchaser get title
Race-Notice (NY) first bona fide purchaser to get record gets title

Question 9

Easement by Prescription

Answer 9

1) Continuous
2) Open
3) Adverse (NOT hostile)

• like adverse possession, but no title only use

Question 10

Easement in Gross

Answer 10

An easement benefiting a particular PERSON and not a particular piece of land.
* The beneficiary need not, and usu. does not, own any land adjoining the servient estate.

Question 11

Easement Appurtenant

Answer 11

1) Must be two adjoining tracts of land
2) Dominant estate (benefitted) and servient estate (burdened)
3) Can only be transferred with possession of the dominant estate
4) All who posses/succeed are entitled to benefit

Question 12

Express Grant

(Easement)

Answer 12

Created by conveyance, requiring the formality of a deed

Question 13

Express Reservation

(Easement)

Answer 13

O conveys title, but in deed reserves a special use over the tract after conveyance

Question 14

Easement by Implication

(Two requirements)

Answer 14

O subdivides land and the new tract formally benefited another part of the tract - req notice and reasonable necessity

Question 15

Easement by Strict Necessity

Answer 15

There is NO other access to the tract w/out trespassing over the servient estate