Adverse Possession
To establish this you must not share with the true owner.
What is exclusive?
Interest in land owned by another person.
What is an easement?
This type of "tenancy" occurs when a tenant remains in possession after their lease has expired without the landlord's consent.
What is Tenancy at Sufferance (or a Holdover)?
This is the default and presumptive form of concurrent ownership, where there is no right of survivorship and shares pass to a tenant's heirs upon death.
What is Tenancy in Common?
This is defined as a contractual promise respecting the use of land that is intended to "run with the land" and bind subsequent holders.
What is a Real Covenant?
This element requires that the possessor physically use the land in the same manner a reasonable owner would.
What is actual possession?
This specific easement arises when a property is split, leaving one parcel completely landlocked with no reasonable or practical way out.
What is an Easement by Necessity?
This implied covenant in residential leases requires the landlord to ensure the dwelling is safe, clean, and fit for human habitation.
What is the Implied Warranty of Habitability?
To create a Joint Tenancy at common law, these must exist: Time, Title, Interest, and Possession
What are the Four Unities?
To run the burden with the land at law, a covenant must satisfy this six-part test: In writing, Intent, Touch and Concern, Notice, and Horizontal and Vertical Privity.
What are the requirements for a Real Covenant burden to run with the land?
This practice allows successive adverse possessors to combine their periods of occupation to meet the statutory time requirement, provided there is privity between them.
What is Tacking?
Similar to adverse possession, this type of easement is acquired through continuous, open, and adverse use of another's land for the full statutory period.
What is a Prescriptive Easement?
This occurs when a tenant transfers their entire remaining interest in a leasehold to a third party, leaving no reversionary interest.
What is an Assignment?
This type of concurrent interest exists only between married co-owners, requires a fifth unity of marriage, and cannot be unilaterally severed.
What is Tenancy by the Entirety?
This requirement specifies that the promise must relate to the land’s use or value rather than being a merely personal promise between parties.
What is "Touch and Concern"?
To meet this requirement, the possession must be conspicuous or prominent enough to put the true owner on notice that a trespass is occurring.
What is open and notorious?
This term refers to the piece of land that bears the burden of an easement.
What is the Servient Estate?
A tenant may claim this if a landlord’s act or omission makes the premises so unsuitable for their intended purpose that the tenant is essentially forced to vacate.
What is Constructive Eviction?
This term describes the act of one co-tenant wrongfully excluding or refusing a demand by other co-tenants to use and enjoy the land.
What is Ouster?
This specific type of privity refers to the legal relationship between the original parties (such as grantor-grantee) at the time the covenant was made.
What is Horizontal Privity?
This element is defeated if the possessor obtains the legal owner's permission to be on the land
What is hostility?
An easement is terminated via this method when the dominant and servient estates become owned by the same person.
What is Merger?
Under this rule followed by the majority of jurisdictions, a landlord is implicitly obligated to deliver actual possession of the property to a new tenant at the start of the lease.
What is the English Rule?
This legal action ends co-ownership and divides the property or its sale proceeds between the former co-owners.
What is Partition?
Unlike equitable servitudes, the primary remedy available for a breach of a real covenant is this.
What are Money Damages?