Adverse Possession
these must exist on day 1 of adverse possessor entry and include insanity, infancy, incarceration and military service
This is a legal term describing when an owner has physical possession and legal title of a land
what is seisin
This legal doctrine allows a future interest holder to sue when the present possessor improperly harms or devalues the property.
This type of ownership exists when two or more people own the same property at the same time, each with the right to possess the whole property.
concurrent estate
This term describes a present ownership interest where the right to possess the property is delayed until a later time.
what is a future interest
This element of adverse possession requires the possessor to treat others who try to join in occupancy as either trespassers (by taking action to evict or other actions to remove them) or by clear evidence that the joint occupancy was with permission, but always demonstrating that the adverse possessor was treating the property as his/her own property.
what is exclusive
This estate is fully inheritable, potentially infinite in duration, and not subject to any conditions.
what is fee simple absolute
A life tenant fails to pay property taxes and lets the roof leak for years. This type of waste has likely occurred.
permissive waste
This form of co-ownership includes a right of survivorship, meaning a deceased owner’s share automatically passes to the surviving co-owner(s).
joint tenancy
“O to A for life.” After granting A the life estate, O retains this future interest.
what is reversion
This legal concept allows successive possessors in privity, such as through a deed or will, to combine their periods of possession to satisfy the statutory period.
What is tacking
This defeasible fee automatically ends upon violation of a stated limitation, with the property returning to the grantor.
what is fee simple determinable
This type of waste occurs when a life tenant intentionally damages property or removes natural resources in a way that permanently reduces value.
commissive waste
Today, when property is conveyed “to A and B” with no survivorship language or marital status indicated, this concurrent estate is presumed.
tenancy in common
This future interest is retained by a grantor after conveying a fee simple determinable and becomes possessory automatically when the condition is violated.
what is possibility of reverter?
An owner was 12 years old when a trespasser entered the land. Under disability rules, the statute of limitations would generally begin to run when this event occurs.
what is when the owner reaches 18 years old
This future interest is created by words that create a condition and do not automatically revert upon the violation of the condition
what is fee simple subject to a condition subsequent
A life tenant tears down an outdated warehouse and builds profitable apartments, increasing the land’s value. Historically this was prohibited under this category of waste.
ameliorative waste
To create a valid joint tenancy, these four common law requirements must be satisfied.
the Four Unities of Possession, Interest, Time, and Title?
“O to A for life, then to B.” Because B is identified and no condition precedent exists, B holds this type of remainder.
what is indefeasibly vested remainder
A claimant has a defective deed describing an entire parcel but only actually occupies part of the land. If the other requirements are met, this doctrine may allow ownership of the whole tract.
what is constructive adverse possession
“O conveys to A so long as the land is used as a library, then to B.” A holds this present estate, while B holds the future interest.
what is fee simple subject to executory interest
Under the modern rule, major changes by a life tenant that increase value may be allowed if the future interest is not diminished and this broader circumstance has substantially changed.
the character and condition of the surrounding neighborhood
This concurrent estate exists only between married persons, includes survivorship rights, and generally protects the property from the creditors of only one spouse.
tenancy by the entirety
“O to A for life, but if B fails the bar exam, then to C.” B’s interest is this kind of future interest because it is vested but may be cut short by a later condition.
what is vested remainder subject to divestment