Property 1, 2010

Heirs inherit real property from a decedent who dies intestate.

*identified by statute
*heirs are determined at the time of death
*living people can have NO heirs, only heirs apparent.

Devise means to pass real property by will.

A devisee is the person receiving the property through a will.

*A Heir is never in a will

To bequeath is to pass personal property by will.

*a decedent who dies testate "bequeaths" his personal property to those named in the will.

*The property itself is called a bequest.

Issues are lineal descendants DOWN the line...children, grandchildren, and all other lineal descendants to the point where the biological line dies out.

Nieces, uncles, aunts

Issue

Ancestors

A's issues do not inherit the fee tail or receive it by devise!

*Land held in fee tail can not be sold, gifted or devised in A's will.

*When A dies, the land will automatically pass to A's issues and so forth. On an On until the bloodline ends naturally.

Ratione Soli is constructive possession.

A finder has rights except to the true owner or any previous owners.

Recover the VALUE of the property.

Recover the PROPERTY itself.

to an act which benefits society as a whole.

*Like newspaper articles

Everyone except the true owner or prior possessors.

Property within the home is presumed to be within constructive possession of the owner of the home.

*The true owner is most likely to return to the home to recover the lost property.

*The owner of the home is entitled to the lost property, until the true owner comes to reclaim it.

mislaid property is property intentionally laid down and involuntarily left behind.

PP: We want to reunite people with their property.

The hair salon owner would get it!

*The mislaid property creates a bailment that the hair salon owner holds the purse for the true owner & the finder acquires no rights in the property.

It is the ability to transfer property freely.

It's good because it encourages the upkeep & respect of the property.

re-write the answers here!

This is when the possession is founded on a written instrument that is for some reason defective.

If the true owner is in occupancy, the AP only gets what he physically possesses.

In order to add your time to someone who adversely possessed before you, you must have privity.

privity of contract

privity of estate

**privity of possession by giving permission (MOST COMMON)

Color of title. When they get a deed for the property, there is something wrong with the deed....so they get more.

**only exception is if the true owner is in actual possession of the property. The AP will only get what he actually possesses.

Mere pursuit alone is insufficient for killing and keeping a fox.

*important to remember this was a wild animal on public land

The whale goes to the whaler who killed it, NOT the finder.

It's okay to compete, but you can't maliciously interfere to hurt the other business.

1- AP punishes owners who "sleep" on their rights, and rewards AP's who "earn" rights by possession.

2- AP encourages the productive use of property

3- AP furthers the alienability of land

The statutory period begins when the cause of action accrues (when A enters and begins to AP)

The state of mind is irrelevant. It can be a good faith claim of ownership or an aggressive trespasser, who knew he did not own the property, but entered from the beginning to gain title.

Once the statutory period ends, a new title vests in the AP which is dated back to the day the AP entered the property.

*it operates as thought he new owner has held title since that event.

It is the "joining of two consecutive periods of possession by different persons to treat the periods as one continuous period.

Privity is the connection or relationship between two parties, each having a legally recognized interest in the same subject matter.

Privity of Contract

Privity of Estate

Privity of Possession

O still owns the property because B did not have privity of contract with A.

The statute will be tolled because A left involuntarily. She gets credit for 7 years, not the six months. If O kicked her off it would be difference because he is the true owner.

A owns it because A stole from O and O has all rights to the property. Any subsequent transfer of property by O DOES NOT restart the statute.

NO...government land is said to be for the benefit of all the people, who should not lose it because of the negligence of a few government employees.

This is when you hand over something symbolic of the property.....like a written instrument declaring the gift.

This is a gift made in contemplation of death from some immediate illness.

**If the donor does NOT die he gets the gift back.

This is a gift between living persons.

(1) Intent to make a PRESENT transfer (give up title now)

(2) Delivery of the gift to the donee

(3) Acceptance of the gift (if it's of value, it's assumed to be accepted)

If it can be handed over, it must be.I

A bailee is the person temporarily and for a limited time holding the property.

*If the bailee dies while still in possession...it still belongs to the owner

No, because their was no intent to make a present transfer. There was no delivery. There is nothing irrevocable about this gift.

**there were no legal rights handed over.

Because wills have a witness requirement, thus protecting against fraud.

Fee Simple Abslute
Fee Simple Determiniable
FSSCS
Life Estate
Term of Years
Fee Tail
Fee Simple Subject to Executory Limitation

A fee simple may last forever, or it may come to an end upon the happening of an event in the future.

O to Z's house of music, so long as the premises are used for musical purposes.

**If it ceases to be used for musical purposes it will AUTOMATICALLY revert back to O.

So long as, while, during, and until.

*durational words

but if, provided, however, on the condition that.

*words indicating a condition

Fee Tail

*O to A and the heirs of his body

~when the bloodline of A runs out, the property reverts back to O or O's heirs if O is dead.

*makes property unmarketable & unavailable for its best use

*Perpetuates the concentration of wealth

*Discourages improvements on land

The purpose of the doctrine of waste is to avoid uses of the property that fail to maximize the property's value.

VOLUNTARY

Negligence and damages may be assessed.

Future interests are presently existing property rights which give legal rights to their owners which are protected by the courts.

Reversion, Possibility of Reverter, Right of Entry.

Vested or contingent remainder or an executory interest.

O to A for life.

~When A dies, the property reverts back to O

Remainders follow a life estate or a term of years. They must be created at the same time as the life estate or term of years.

Remainders wait patiently until the earlier interest ends and then they take.

A remainder is vested if:

~it is given to a born & identified person AND

~It is not subject to a condition..nothing needs to happen other than the earlier interest needs to naturally end.

O to A for life, then to B...B has a vested remainder.

A remainder is contingent if it is given to an unascertained person.

~It's made contingent upon some event occurring other than the natural termination of the preceding estate.

~~A for life, then to C if she has graduated from law school;

NO....B's heirs cannot be ascertained until B dies.

This gives B a contingent remainder.

If a remainder is contingent, O retains a reversion.

vested remainders become possessory when the preceding estate ends.

contingent remainders cannot become possessory so long as they remain contingent.

Contingent Remainders and Executory Interests and ??

A has a life estate, B has a life estate, C has a vested remainder.

A & B have life estates, The remainder is contingent on either A or B dyeing first.

A has a life estate, B has a vested remainder fee simple subject to an executory limitation, C has a executory interest.

A has a life estate, B has a vested remainder subject to an executory interest, C & D have executory interests.

'No interest is good unless it must vest, if at all, not later than 21 years after some life in being, at the creation of the interest"

Arnold has a life estate, Brooke has a vested remainder in fee tail, O has a reversion.

A has a life estate, The heirs have a contingent remainder, O has a reversion.

A has a life estate, B has a vested remainder, C has an executory interest

To promote a limited amount of time within which a contingency will encumber the free marketability of the property.

If an interest is created by a will, the measuring life must be a person ALIVE at the testators death.

If the interest is created by a deed, the measuring life must be a person ALIVE at the time of the transfer.

no later than 21 years after the death of some person alive at the creation of the interest.

A is the measuring life. You can prove that any child of A who reaches 21 will do so within 21 years of A's death.

The measuring lives are T's two children.

If both the possessory estate and the contingent future interest are both charitable organizations, the RAP does not apply.

When an interest violates the RAP, it is struck out and the remaining valid interests stand.

A has a life estate, B has a contingent remainder, O has a reversion. RAP is not violated

Under the RAP, a class gift is not vested in any member of the class until the interests of all of the members are vested.

**The class must be closed (every member must be identified)

A has a life estate, B has a fee simple subject to condition subsequent

We will never know, so Adelaides interest violates the RAP.

Tenancy in Common

Joint Tenancy

Tenancy by the Entirety

O to A and B as tenants in common

OR

O to A and B

O to A and B as joint tenants.

*when one dies, the one surviving gets everything in fee simple absolute.

whether one dies testate or intestate, the other owns the property outright.

TTIP

time,
title,
interest, and
possession.

A joint tenancy can NEVER ARISE BY INTESTATE SUCCESSION.

(1) mutual agreement

(2) One joint tenant can convey his interest to a 3rd party

(3) Death of a joint tenant

A tenancy by the entirety can only be created in husband and wife.

TTIP M

Time, title, interest, possession & marriage.