rights to land

Question 1

adverse possession

Answer 1

1. hostile
2. for the statutory period
3. open and notorious
4. exclusive
5. continuous (remember tacking)
6. pay taxes (some jurisdiction)
7. actually
   sufficient to put on the true owner on reasonable notice of a trespass action

Question 2

hostile: two ways

Answer 2

color of title or acting like the land is yours
cannot have permission
mistaken encroachment: majority ok; minority know you are doing it

Question 3

land has access to after possessing

Answer 3

Generally just what they occupy.

When an adverse possessor enters under color of title and occupies a significant portion of the parcel described in the flawed deed.

Question 4

transfer of deed requirements

Answer 4

Delivery
intent
acceptance

Question 5

relation back

Answer 5

Conveyance to the grantee relates back to the date the grantor gave the deed to a third party

Question 6

valid deed requirements

Answer 6

(a) Sufficient identification of the parties;
(b) Words indicating an intent to make a present transfer of the property;
(c) Sufficient description of the property; and
(d) The grantor’s signature (the grantee does not need to sign the deed)

Question 7

When Seller Dies Before Closing

Answer 7

decedent’s personal representative must complete the transaction
Money considered personal property beneficiary

Question 8

lapse

Answer 8

(i) Common Law: If a beneficiary predeceases a decedent, any gift to the beneficiary fails
(ii) Modern Law: Many states now have anti-lapse statutes (e.g., beneficiary’s heirs “stand in his
shoes” and get the bequest)

Question 9

race
race-notice
notice

Answer 9

record first
BFP w/o notice and records first
BFP w/o notice

Question 10

estoppel by deed

Answer 10

(1) Majority Rule: If the grantor transfers title to the property before the grantor has title to the property (but later acquires it), the first grantee may go to court and estop the grantor from denying title to him or her
(2) Minority Rule: Title automatically passes by operation of law to the grantee (operation of-law theory)

Question 11

shelter rule

Answer 11

Provided protection for a subsequent taker who does not satisfy the applicable recording statute. A person who is a successor in interest to a person protected by the recording statute is also protected (“shelters” under the good title of the predecessor)

Question 12

costructive AP

Answer 12

“tacking” when in privity: when a possessor takes possession of a portion of a disputed tract of land, his adverse possession is sufficient to give him title to the entire tract of land, so long as there is a significant relationship between the portion of the tract actually possessed and the entire tract.

Question 13

ways that tenancy in common comes about

Answer 13

when a will or intestate proceeding results in willing property to more than one person at the same time.

Question 14

government land and AP

Answer 14

cannot be acquired through AP so only way to acquire is if they actually do not own it.

Question 15

leases and option to purchase court split

Answer 15

courts are split whether this option can be assigned when the main agreement is merely a lease