In the acronym OCEEA(n), C stands for..
What is continuous.
This is the definition of the shelter rule.
What is: An innocent purchaser with no notice gives her shelter under the recoding statute to a buyer who may have knowledge of the invalidity of the transaction.
This is one of the times you would use rationale basis review for a 14th Amendment claim
What is a challenge to a comprehensive zoning plan.
The type of easement that allows someone to do something on the servient estate.
What is an affirmative easement.
This is the case that established the land transfer system in the United States
What is Johnson v. Mintosh.
When I own everything to infinity and beyond
What is fee simple absolute.
This amendment includes the Takings Clause
What is the 5th Amendment.
The period between the purchase agreement and the closing
What is the executory period.
This is what an adverse possessor needs to do to have marketable, clear title on the land they gained through adverse possession.
What is quiet title.
Viewed objectively, this type of title is free from reasonable doubt and a reasonable buyer would not fear litigation.
What is marketable or merchantable title.
The type of scrutiny used by the courts when a zoning ordinance restricts the type of banners that may hang from flagpoles in the town.
What is strict scrutiny.
This many tracts are necessary to create an easement appurtenant.
Two; there must be a dominant and a servient estate.
When a lawyer holds a deed for a grantee until the grantor dies.
What is a death escrow.
One life in being and 21 years 10 months, or in reformed states, 90 years.
What is the Rule Against Perpetuities (RAP).
These two types of things are subject to the Takings Clause
Intangible and tangible property.
These are the three times a seller is liable under caveat emptor
What are:
1) affirmative misrepresentation of the condition of the property;
2) actively concealed defects; and,
3) owed a fiduciary duty to the buyer.
The type of easement you pursue when all other types are unavailable to you.
What is a prescriptive easement.
When a land transfer includes the phrase "and all other lands in X town/county/state"
What is a Mother Hubbard clause.
When a small parcel of land is singled out to receive special accommodations, usually benefiting one party.
What is spot zoning.
An easement that runs with an individual or group, not with the land.
What is an easement in gross.
These are requirements for the Statute of Frauds for the sale of real property.
What are a writing, signed by the party to be charged, a description of the land, and consideration.
This rule merges a present and future interest when both are in the grantor and grantors heirs
What is the Rule in Shelley's Case.
Eminent domain power is this attribute of sovereignty
What is inherent.
The three elements of a gift of land
What are:
1) donative intent;
2) delivery; and
3) acceptance.
When I am a minor (or disabled, or in the military) and I own property that another person is trying to adversely possess, the clock stops.
What is tolling.
The only two states that have race statutes.
What are North Carolina and Louisiana.
The plan meets all zoning regulations, but still requires approvals.
What is a special exception.
An easement conveyed by a grantor to the grantor across conveyed land.
What is a reservation.
When proving the burden of a real covenant is runs with the land, these 6 conditions must be met:
What are:
(1) in writing;
(2) touch and concern the land;
(3) horizontal privity;
(4) vertical privity;
(5) notice; and,
(6) intent to run with the land.
"To J and her heirs, but if the Sox win the World Series in 2025, then to F and his heirs."
What is a remainder subject to divestment.
The town where Kelo took place
What is New London, CT.
The name for the person who takes the mortgage
What is the mortgagor.
This happens when Jim stays on a property for 5 years, and he gives it to Mary, and she stays for 10 years, and the statute requires 12 years for adverse possession.
What is tacking.
Massachusetts and Wisconsin have this system that should have done away with recording acts, but for tax liens and fraud in California
What is a Land Registry.
This case established the constitutionality of zoning in the United States
What is Euclid v Ambler Realty.
When this is not done during a real property transaction between a bona fide purchaser for value and the seller, the easement is considered terminated.
What is notice to the BFP.
The time at which a future covenant of a warranty deed is breached
What is when there is constructive eviction of the home buyer.
What F has when ..."To X for life, and then to F and F's children that play the cello before the age of 10" and F has no children.
What is a vested remainder subject to open.
This was the goals of Midkiff
What was to create a more robust housing market, to stop a land oligarchy, and to allow for more private home sales.
This is "little more than a common law mortgage with a power to convey in the event of default"
What is a deed of trust.