Co-Ownership
This type of concurrent estate is the default preference of the law when a deed is ambiguous and does not provide for survivorship rights.
What is Tenancy in Common?
This type of concurrent estate is the default preference of the law when a deed is ambiguous and does not provide for survivorship rights.
What is the price?
These are the three functional types of recording acts used in the U.S. to determine priority between a prior unrecorded interest and a subsequent purchaser.
What are Race, Notice, and Race-Notice?
Unlike trespass, which requires a physical entry by a tangible thing, nuisance is defined as this type of invasion of another's interest in land.
What is Non-trespassory?
Unlike a license, which is generally a revocable privilege to enter land, this property interest is an irrevocable right to use another’s land and must satisfy the Statute of Frauds.
What is an easement?
To create a valid Joint Tenancy, these four "unities" must be present at the time of conveyance.
What are Time, Title, Interest, and Possession?
This implied condition of a land sale contract requires the seller to provide a title free from significant defects or liens, which a reasonable person would be willing to accept and pay fair value for.
What is Marketable Title?
Because most states lack a "Tract Index," researchers must use these two alphabetical and chronological lists of surnames to establish a chain of title.
What are the Grantor and Grantee Indexes?
To be actionable as a nuisance, the interference with the plaintiff’s use and enjoyment of their land must meet this specific standard, meaning it has a great or significant impact.
What is substantial?
While an easement by necessity requires a landlocked parcel at the time of severance, this other type of implied easement requires a "prior existing use" that was apparent and continuous.
What is an Easement Implied by Prior Existing Use (or Quasi-Easement)?
This occurs when one joint tenant unilaterally transfers their interest to a third party, effectively transforming the estate into a tenancy in common.
Unlike a General Warranty Deed, this type of deed contains warranties only against the grantor's own acts, but provides no protection against the acts of prior owners.
What is a Special Warranty Deed?
This specific type of notice is charged to a purchaser when physical facts—such as a third party living on the land or a visible path across the lot—would prompt a reasonable person to investigate further.
What is Inquiry Notice?
Under the Restatement view for intentional nuisances, the court determines unreasonableness by weighing these two competing factors against each other.
What are the gravity of the harm and the utility of the conduct?
To enforce the burden of a real covenant against a successor at law, these four elements are required in addition to a writing: Intent, Touch and Concern, Notice, and this "successive" relationship between original parties.
What is horizontal privity?
Although courts theoretically prefer this method because land is unique, it is only bypassed for a partition by sale if physical division is impractical and the owners' interests are better promoted by a sale.
What is Partition by Kind?
While the Statute of Limitations for a breach of Seisin begins at the date of delivery, the clock for this specific future covenant only begins once the grantee is disturbed in possession by a superior title.
What is the Covenant of Quiet Enjoyment (or General Warranty)?
To qualify for protection under Notice or Race-Notice statutes, a party must be a "Bona Fide Purchaser," meaning they took the interest without notice and provided this, which excludes donees or heirs.
What is Consideration?
This specific type of nuisance involves an unreasonable interference with health, safety, or property rights common to the general public and often requires a showing of "special damages" for a private plaintiff to sue.
What is a Public Nuisance?
If a plaintiff seeks damages for a breach of a promise, the interest is called a Real Covenant; however, if they seek an injunction, the interest is classified as this, which does not require horizontal privity.
What is an equitable servitude?
To succeed in a claim for rent against a co-tenant in possession, a plaintiff must typically prove this—the actual exclusion of a co-tenant from property they are otherwise entitled to possess.
What is Ouster?
These two legal doctrines—one involving a serious change in position in reliance on a contract and the other involving specific acts like taking possession or making improvements—allow for the enforcement of oral land contracts despite the Statute of Frauds.
What are Estoppel and Part Performance?
These statutes extinguish old, inconsistent claims to land if a person has a clear record title for a designated period (often 30 or 40 years) back to a "root of title."
What are Marketable Title Acts?
A defendant may use this doctrine as a defense by arguing that the plaintiff lacks grounds for relief because they purchased their property with full knowledge of the pre-existing nuisance.
What is "Coming to the Nuisance"?
This specific ground for terminating a covenant occurs when a plaintiff has failed to enforce the restriction so consistently that it is deemed unenforceable as to the entire parcel.
What is abandonment?