TITLES Flashcards
Adverse possession
COANHE– CL= 20 YEARS; VA= 15 YEARS
VA: CLOCK
CL= it stops; va= it stops but not exceed 25 years and person gets it
hostility
no permission
children
presumed to be there with owner’s permission
to overcome this
child must give clear, definite notice intent to assert exclusive ownership
co-tenant
cannot acquire unless ouster
for co-tenant transfer to third party
third party must be sole right of possession
mineral rights
if they have not been severed, ap gets both
in va
if mineral rights have been severed, only the minerals for 15
as long as life tenant is alive,
adverpe posessor can only gain life estate
from remainderman
has to start again
transfer of deed
intent to make a present transfer
fraudulent conveyances are
void (i.e. transfer to hinder creditors)
Exception
grantee had no knowledge of fraudulent intent and paid valuable consideration
recording the deed
does not have to be done, but protects against subsequent buyers
va notice statute
reads as a notice statute, but has been interpreted as a race-notice statute
types of notice
actual, constructive, inquiry
in va inquiry notice needs more
some other evidence that person is in possession and has title to it
estoppel by deed
warranty deed before actually owning the land is estopped from denying
va limits this
general warranty
six covenants of english title
special warranty deed
not be bothered by grantor or anyone bothered by grantor
