Estates and Future Interests
O conveys "To A for life, then to B"
A has interest in Life Estate
B has future interest in FSA
O retains possibility of reversion
O conveys to A (2000 (Registers immediately))
O then conveys to B (2005(Does not Register))
Who would win in:
Race jx
Notice jx
Race-Notice jx
Race jx: CL says A because he registered first
Notice jx: A, because B had constructive notice of A's registration if he had checked.
Race-Notice jx: A, again because B had notice and would have discovered had he had checked the record.
A non-possessory (use) interest in land
An Easement
The 3 elements of Inter Vivos gift
2. Delivery
3. Acceptance
A rents to B for 10 years.
What form of tenancy did the parties create, and can B cancel before the 10 years.
The parties entered into a Term of Years Tenancy (AKA Term of Tenancy).
Under a TOY, B cannot cancel his tenancy before the end of the 10 year term, nor can A end the tenancy before the end of the term. Parties can agree to extend or create a new term of tenancy after the term ends. Further, after the term ends, B does not need to give A notice of leave.
The 5 Elements of Adverse Possession
1. Actual Possession
2. Continuous Possession for the Statutory Period
3. Exclusive Possession
4. Hostile Possession
5. Open and Notorious Possession
O sells to A (2000 (Registers in 2020))
O then sells to B (2019 (Registers Immediately))
Who wins in:
Race jx
Notice jx
Race-Notice jx
Race jx: B prevails because he is registered first.
Notice jx: B prevails as a BFP with without notice and has priority.
Race-Notice jx: B prevails as a BFP who registered first.
Negative Easements
The 3 Types of Delivery
Actual Delivery
Constructive Delivery
Symbolic Delivery
Ensures no acts or omission that render premises substantially unsuitable for their intended purpose or that substantially interfere with tenant’s quiet enjoyment
Constructive Eviction
O Conveys "To A for life, then to B, provided that he does not smoke, otherwise, to C"
B has future interest in FS subject to Executory Limitation
C is vested remainder in FSA
O retains possibility of reversion
What is One who...
1. Subsequently purchases and interest in land
2. For valuable consideration
3. Without notice of an interest already held by a 3rd party?
Lost Property
Misplaced Property
Abandoned Property
Treasure Trove
Warranty that tenant’s possession will not be disturbed by landlord or a 3rd party with superior right to possession
Covenant of Quiet Enjoyment
O Conveys "To A for life, then to B"
Assume the Adverse Possession minimum period is 10 years.
O dies in 1999, and A is incarcerated the same year.
In 2000, X moves onto the property and openly lives on the property, even growing a little garden on the side.
In 2005, X sells their "interest" to Y for a chocolate coin, who continues X's tradition of growing his beautiful garden.
In 2015 A is released from prison, but still does not visit the property.
In 2016, A dies. B then discovers that Y has been living on the property.
In a suit for possession who prevails?
B, because vested remainders are protected from adverse possession.
Resolving Title Conflicts
1 Rule and 2 Exceptions
First-in-time rule: The first grantee to receive her interest prevails over a grantee who receives her interest later
Exception 1: Bond Fide purchaser exception
Exception 2 (exception to exception): Shelter rule exception
Easement in Gross
The Finders Rights of Each Category Compared to Original Owner
Lost: OG > Finder > Everyone else
Mislaid: OG > Property owner as bailiff > Finder >Everyone else
Abandoned: Finder > OG
Treasure Trove: Finder > Everyone else
Implied Warranty of Habitability
O Conveys "To A for life, then to B's grandchildren"
B has 1 Daughter, Z, and 2 Grandchildren, C & D.
A has executory interest in life estate
O retains possibility of reversion.
O's conveyance to B's grandchildren violates the RAP because it is uncertain whether or not the interest will vest if at all within 21 years after all lives in being and therefore is void.
e.g. Z has a daughter X, then,O, A, Z, C, and D all die.
All lives in being are now dead (O, A, C, and D), and it is uncertain whether or not the interest will vest within 21 years.
O then sells to B (1995 (does not register))
B then sells to C (1999 (registers in 2001))
Who prevails in:
Race jx
Notice jx
Race-Notice jx
Race jx: C would prevail because they inherit B's status as a BFP under shelter rule, and thus have priority over A's earlier registration as a BFP without notice.
Notice jx: C, as inheritor of B's BFP status under shelter rule would prevail because again, he is a BFP without notice
Race-Notice jx: Again, C prevails as a BFP without notice and would take priority over A's earlier registration as an exception.
License vs. Easement Intent of Parties
A operates a small grocery store on a plot of land owned by B
C, a shopper, finds a sachel of gold coins appearing to be of Spaniard origin under a loose tile in the canned goods section of A's grocery store.
First, what category of Common Law property is this?
Second, in a dispute between A, B, and C over ownership of the gold, who prevails?
As the original finder of a treasure trove, different jurisdictions operate differently as to who would be the owner of the sachel of coins.
The gold coins are most likely a treasure trove, as they would satisfy the element of antiquity as the gold is from an ancient Spaniard conquest, and it is highly likely that the original owner is either dead or unascertainable. Therefore, the finder has the strongest claim over a found treasure trove.
Under common law, the best answer would be that as the original finder of the treasure trove, C has the strongest claim to the coins, then B as the owner of the land (based on treasure trove jx).
Term of tenancy
Periodic tenancy
Tenancy at will
Tenancy at sufferance
Non-freehold Estates