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Possession, Time, Interest, Title
Skyler purchases Unit 5B in a large residential building in Boston. His deed gives him exclusive ownership of the interior space of her unit, but she also holds an undivided ownership interest in the building’s hallways, roof, gym, and parking garage along with the other unit owners. The building is governed by a recorded master deed and a unit owners’ association that collects monthly common area fees.
Question: What type of common interest community (CIC) does Skyler own?
Condominium
3 Types of Freehold Present Possessory Interest Types
Fee Simple Absolute, Life Estates, Defeasible fees
Name the 4 Remainder Interests
Remainder Indefeasibly Vested
Remainder Subject to Divestment
Contingent Remainder
Remainder Subject to Open
Easement by Necessity
An easement by necessity only exists where an owner sells a landlocked parcel to another in which case the law will recognize a way of necessity in the grantee over the land retained by the grantor.
stands for the fact that landowners also own what is beneath their property and the air above their property to the extent reasonably necessary/convenient for the use of that land.
Tenancy at suffererance
Sometimes not regarded as a true tenancy and refers to the situation that exists when an individual, who was once in rightful possession of property, holds over after his right has ended.
Different from trespasser in that the tenants original entry was not wrongful
Lease created when tenant overstays
Pur Autre Vie
(For another's life)
Where someone gets to use and possess property for the duration of someone else’s life, not their own, before it reverts to the remainderman or reverts to the grantor.
Possibility of Reverter
Interest that automatically comes back to the grantor after fee simple determinable ends because condition is met.
Profit a Prendre:
Right to enter another’s land to extract something of value
“Irrevocable” (which is what makes it an easement and not a license)
Adverse Possession
Claim to title of real property owned by another
Requires:
Use that is exclusive, open and notorious, actual, continuous, hostile/adverse, and under a claim of right for the requisites statutory period.
Why Do Leases Exist
Financing Device, Risk-spending device, Governance Mechanism for Complex Real Property
O grants Blackacre “to A; but if marijuana is inhaled on the premises, then O shall have the right to reenter and take the premises”
What is A’s interest?
Fee Simple Subject to Condition Subsequent
O grants Blackacre “to A for life, then to B and his heirs,” but assume that C has a better claim to the property than A
A has? B has? O has? C has?
A has: Nothing
B has: Remainder Indefeasibly Vested
O has: Nothing
C has: Life Estate (Pur Autre Vie)
Joint Tenancy
Defining Characteristics:
Co-ownership where an individual’s interest extinguishes at death and its reapportioned to other co-owners
(i.e., you can’t convey it to an heir… unless you’re the last to die, in which case lucky you)
We call this the “right to survivorship”
Requires four unities at time interest is created (i.e., when the property is conveyed)
Accretion
Property lines shift with changing geography.
When water slowly gradually changes border
Owners of augmented land gain title to the new land
Luke owns a storefront. He and Tifani sign an agreement that says: “Tifani may occupy the premises beginning June 1 for $2,000 per month. This tenancy will continue from month to month unless either party gives 30 days’ written notice of termination.” Tifani moves in and pays rent on the first of each month.
Question: What type of leasehold estate has been created between Luke and Tifani?
Periodic Tenancy
O conveys:
“To A for life, then to B and her heirs.”
A) A has a fee simple absolute and B has no interest.
B) A has a life estate and B has a vested remainder in fee simple absolute.
C) A has a fee simple determinable and B has a possibility of reverter.
D) A has a life estate and O retains a reversion.
Correct Answer: B) A has a life estate and B has a vested remainder in fee simple absolute.
What is Springing Executory and Shifting Executory Interest
Springing Executory Interest: cuts short an interest in grantor
Shifting Executory Interest: Cuts short an interest in third party
Partition by Sale/Partition by Kind
Partition by Sale: The property is sold and the proceeds are dividing among the owners
Partition by Kind: the court physically splits the property (each co-owner gets a piece of the land)
Explain what constitutes Delivery
For personal property, need to deliver deed or actually hand over the object
Looking for evidence of "unequivocal intention to surrender the instrument so as to deprive the grantor of all authority over it.”
To constitute delivery of a deed, the facts and circumstances must show that the grantor intended for the deed to be presently operative and effective.
Cara owns a lake house. She signs a written agreement with Rohit that states: “Rohit may lease the premises beginning July 1, 2026 and ending June 30, 2027, at a rent of $1,800 per month.” The agreement says nothing about renewal or notice.
Question: What type of leasehold estate has Cara created in Rohit?
Term of Years
O conveys Greenacre “to A so long as the land is used for residential purposes.”
A builds a house and moves in.
Five years later, A opens a retail store on the property.
What present possessory interest did A receive at the time of the conveyance?
Fee Simple Determinable
O conveys Blackacre:
“To A for life, then to B and her heirs, but if B ever uses the property for commercial purposes, then to C and his heirs.”
O has? A has? B has? C has?
A has a life estate
B has a vested remainder subject to executory limitation
C has a shifting executory interest
O has no future interest
O owns a vacant parcel of land next to A’s property. O tells A, “You can build a driveway across my land so you can access the main road.” Relying on this permission, A spends $25,000 paving and installing the driveway. Two years later, after the driveway is completed and in use, O attempts to revoke permission and block access.
Question: What kind of easement, if any, has been created?
Easement by Estoppel