Property I (part 1)

Adverse Possession

100

A written instrument conveying land that is for some reason defective

Color of Title

200

3 Types of Disabilities

Minor

Unsound Mind

Imprisoned

(Only those that exist at the time of entry count!)

300

Elements of Adverse Possession

1) actual entry

2) giving exclusive possession

3) open and notorious

4) adverse

5) under a claim of right

6) for the statutory period 

400

An addition of time to meet the statutory period

Tacking

500

3 Types of Privity

Contract

Estate

Possession

Gifts

100

Gift between living persons 

Gift causa mortis

200

Handing over a written instrument (or something else) symbolizing the gift

Symbolic delivery

300

Gift made in contemplation of death. If the donor does not die from the imminent fear, the gift is invalid.

Gift Causa Mortis

400

Handing of object that will provide access to gift

Constructive Delivery

500

Elements of a Valid Gift

1) intent to make present transfer

2) delivery of gift to the donee

3) acceptance

Wills

100

UPC requirements for wills

1) in writing

2) signed by testator

3) signed before two witnesses or a notary 

200

Whether witnessed or not, valid if in testators handwriting and signature

Holographic Will

300

Intervening occurrences which render the will less adapted

Testamentary Obsolence

400

Under common law, an acceptance of gift in a will before death of testator if 

1) donee acknowledges gift as such; or

2) donor indicates in contemporaneous writing

Advancement

500

UPC intent takes 3 forms

1) statement in will itself

2) writing by donor contemporaneous to gift; or

3) written statement by donee acknowledging

Satisfaction

Wills Cont.

100

Common Law

- happens in testate

- prohibiting double dipping

UPC requires writing by donee

Ademption by Satisfaction

200

Gift no longer belongs to testator at the time of death

Ademption by Extinction

300

Gets pecuniary gift equal to 

- net sale price

- condemnation 

- insurance

UPC has replacement rule 

Nonademption

400

4 classifications of Gifts

Residuary

General

Demonstrative 

Specifc

500

May be entitled to cash value if they can show testator's intent

Modern Ademption by Satisfaction

Wills Cont.

100

If donee predeceases donor, but donor does not change the will, and passes under residuary or intestate without donor intent being realized

In Lapse

200

Silent as to an alternative taker and the gift is to a lineal descendant who leaves a descendant

Anti Lapse

300

Surviving children are not sufficient

UPC: absent _____, the gift is saved for heir

Expressions of Contrary Intent

400

Encumbrances conveyed must be paid off from funds from the estate

Exoneration

500

UPC 2-101(2)

Excludes an heir from a will