2L Property Flashcards
(183 cards)
1
Q
Ownership
A
Ownership means a person has title to land or other property.
2
Q
Possession
A
Possession is the right to dominion and control over property.
3
Q
Actual Possession
A
Actual possession is the immediate and direct physical control over property.
4
Q
Constructive Possession
A
Constructive possession is a legal fiction to recognize possession where there is not any direct control of or actual presence upon the property, but is possession with the knowledge that both the ability to and the intent to exercise dominion and control over the property exists.
5
Q
Trespass
A
Trespass is an action instituted to recover damages for any unlawful injury to the plaintiff’s person, property or rights, directly resulting from immediate force or violence.
6
Q
Trespass to Chattels
A
Trespass to chattels is an action instituted to recover damages due to an intentional or negligent act which directly results in an injury to a chattel by carrying away, injuring, destroying or depriving the owner of possession.
7
Q
Trespass to Land
A
Trespass to land is an action instituted to recover damages due to an intentional or negligent act which directly results in the interference with the possession of land.
8
Q
Trespass on the Case
A
Trespass on the case is an action to recover damages which occur as an indirect result of the negligent acts of another which are not covered by a trespass action to land or chattels.
9
Q
Trover
A
Trover is an action to recover damages for a wrongful conversion of personal property or to recover actual possession.
10
Q
Replevin
A
Replevin is an action to recover the possession of a thing taken rather than its value.
11
Q
Ejectment
A
Ejectment is an action to recover the possession of land brought by the one claiming the right to possession.
12
Q
Bailment
A
Bailment is the delivery of personal property to another for some purpose under an expressed or implied contract.
13
Q
Adverse Possession
A
Adverse possession is a method of acquiring title to real property by possession against all others, including the trust owner, through certain acts for the period of time required by statute.
14
Q
Actual
A
The physical presence on the property.
15
Q
Open and Notorious
A
Acts that show occupation which is appropriate to the condition, size and locality of the land.
16
Q
Continuous
A
Occupation for the statute of limitations without interruption.
17
Q
Hostile and Under a Claim of Right
A
Acting as an owner and with the intent to claim property as own and without the true owner’s permission.
18
Q
Exclusive
A
No one’s presence on the property without the adverse possessor’s consent.
19
Q
Color of Title
A
Color of title is the possession of property under a claim of ownership based on a written instrument which purports to convey title but fails to do so because it is invalid or defective.
20
Q
Tacking
A
Tacking is the act of a present adverse possessor of adding prior possessor’s periods of possession to his own to establish a continuous possession for the statutory period necessary to establish adverse possession.
21
Q
Estate
A
An estate is a possessory interest in land which is or may become possessory.
22
Q
Present Estates
A
Present estates are interests which give a present right to possession.
23
Q
Words of Purchase
A
Words of purchase are words in an instrument which indicate the grantees or persons who are to take the estate.
24
Q
Words of Limitation
A
Words of limitation are the words in an instrument which indicate the type of estate the grantee takes.
25
Future Estates
Future estates are interests in land which may or will entitle the owner to possession of an estate in the future.
26
Fee Simple Absolute
A fee simple absolute is the largest estate permitted by law. The holder has full possessory rights now and in the future.
27
Defeasible Fees
Defeasible fees are present interests which are of a potentially infinite duration which can be terminated by the happening of a specified event (condition).
28
Fee Simple Determinable
A fee simple determinable is a type of defeasible fee which automatically terminates on the happening of a stated event and goes back to the grantor (possibility of reverter).
29
Possibility of Reverter
Possibility of reverter is the future interest left in the grantor upon conveying an estate conditioned upon the non-occurrence of a stated event or act. Upon the happening of the condition the estate will automatically revert back to the grantor.
30
Fee Simple Subject to a Condition Subsequent
A fee simple subject to a condition subsequent is a defeasible fee which is created when the grantor retains the power to terminate the estate of the grantee upon the happening of a specified event.
31
Right of Re-Entry (or Power of Termination)
The right of re-entry is a future interest retained by the grantor giving him the right to terminate the grantee's estate upon the happening of a specified event.
32
Fee Simple Subject to an Executory Limitation
A fee simple subject to an executory limitation is a defeasible fee that terminates upon the happening of a specified event and vests title in a third party.
33
Fee Tail
A fee tail is a present possessory interest which limits inheritance to lineal descendants of the grantee. If there are no lineal descendants the property reverts back to the grantor.
34
Life Estate
A life estate is an estate who's duration is measured either by the life of the grantee (life estate) or the life of someone else (per autre vie).
35
Doctrine of Waste
The doctrine of waste imposes a duty on a present possessor to not do anything which would injure the interests of the person(s) holding the future interest.
36
Voluntary Waste
Voluntary waste is a type of waste which occurs from an intentional act.
37
Permissive Waste
Permissive waste is the type of waste which occurs when the property is allowed to fall into disrepair or the failure to take reasonable measures to protect the land from the elements.
38
Reversion
A reversion is the future interest left in the grantor after conveying a lesser estate than what he has. It will become possessory after the natural termination of the preceding estate.
39
Vested Interests
Vested interests are those interests which the owner and the event upon which it will become possessory are certain, but the time of actual possession is unknown.
40
Remainders
Remainders are the remnants of an estate in land which is a future interest created in someone other than the grantor which can become a present possessory estate on the natural expiration of prior estates, which were expressly by the same conveyance.
41
Vested Remainder Subject to Complete Divestment
A vested remainder subject to complete divestment is a vested remainder where the interest is in an existing ascertained person and subject to a condition subsequent.
42
Vested Remainder Subject to Partial Divestment
A vested remainder subject to partial divestment is a vested remainder where one or more remaindermen are in existence and ascertained, but the amount of their estates is subject to diminution due to the possibility of an increase to the number of people who are to take the property.
43
Condition Subsequent
A condition subsequent is a condition which occurs after the estate has vested which, upon its happening, the remainder becomes possessory.
44
Condition Precedent
A condition precedent is an expressed condition other than the termination of the preceding estate which must occur before the remainder becomes possessory.
45
Contingent Remainder
A contingent remainder is a remainder which is created in favor of an unborn or unascertained person or otherwise subject to a condition precedent.
46
Executory Interest
An executory interest is a future interest created in a third person which to become possessory must divest or cut short the prior estate (shifting interest) or spring out of the grantor at a future date (springing interest).
47
Doctrine of Merger
The doctrine of merger is the merging of a present interest into a future interest when the same person obtains immediate successive estates in the same land.
48
Rule in Shelley's Case
The rule in Shelley's case is the rule against remainder in the grantee's heirs. The rule states if one instrument creates a present possessory interest in a person and a remainder in his heirs, the remainder in the heirs will not be recognized and the person receiving the present interest will receive both estates.
49
Destructibility of Contingent Remainders
Destructibility of contingent remainders is the doctrine which states a contingent remainder in land is destroyed if it does not vest at or before the termination of the preceding estate.
50
Restraints on Alienation
Restraints on alienation are provisions in deeds, wills or mortgages that effectively restrain the grantee from conveying the estate he has received. Restraints are either total or partial in form and can be imposed in different ways.
51
Total Restraint
Total restraints are restraints which seek to preclude any transfer.
52
Partial Restraint
A partial restraint seeks to limit who may be a transferee, set a time within which the alienation is restricted, or designate the manner in which the alienation is limited.
53
Disabling Restraint
A disabling restraint is one way a restraint can be imposed. It withholds from grantee the power of transferring his interest.
54
Forfeiture Restraint
A forfeiture restraint provides if grantee attempts to transfer his interest it is forfeited to another person.
55
Promissory Restraint
A promissory restraint is when the grantee promises not to transfer his interest.
56
Vested Remainder
A vested remainder is a future interest that is certain to become possessory upon the expiration of the preceding estate.
57
Ascertainable People
Ascertainable people are individuals whose identity is known and who are entitled to receive a future interest in property.
58
Possibility of Numbers of Grantees to Increase
The possibility of numbers of grantees to increase refers to the potential for additional individuals to be included as beneficiaries of a property interest.
59
Occurrence of Condition
The occurrence of condition refers to the event that triggers the application of a condition subsequent or precedent.
60
Remainder Becomes Possessory
Remainder becomes possessory means that the future interest transitions into a present interest that can be enforced.
61
Possession Contingent Upon a Condition
Possession contingent upon a condition means that the right to possess property is dependent on the fulfillment of a specific condition.
62
Future Interest in a Third Party
Future interest in a third party refers to a property interest that will be held by someone other than the grantor at a future date.
63
Divests Prior Estate
Divests prior estate means to take away or cut short an existing estate in favor of a future interest.
64
Springs Out of Grantor
Springs out of grantor refers to a future interest that arises directly from the grantor's estate.
65
Rule Against Perpetuities
The rule against perpetuities states that an interest is void if there is any possibility that it may vest more than twenty-one years after some life in being at the creation of the interest.
66
void interest
An interest that is invalid and unenforceable.
67
vest more than twenty-one years after
The condition under which an interest is considered void if it may not vest within twenty-one years.
68
life in being
A person who is alive at the time of the creation of the interest, used to measure the vesting of the interest.
69
Concurrent Estates
Concurrent estates are estates in land which are held at the same time by two or more persons, each having the right to the enjoyment and possession of the land at the same time.
70
estate held concurrently
An estate in land that is owned simultaneously by multiple parties.
71
simultaneous right to possession and enjoyment
The right of all co-owners to use and enjoy the property at the same time.
72
Joint Tenancy
Joint tenancy is a form of concurrent ownership wherein each co-tenant owns an undivided share of property and the surviving co-tenant takes the deceased's share free of his interest.
73
concurrent ownership
Ownership of property by two or more persons at the same time.
74
right of survivorship
The right of a surviving co-owner to inherit the deceased co-owner's share automatically.
75
Tenancy in Common
Tenancy in common is a concurrent estate with no right of survivorship. Each owner has a distinct, proportionate, undivided interest in property which is freely alienable by inter vivos and testamentary transfer.
76
no right to survivorship
The characteristic of tenancy in common where the share of a deceased owner does not automatically pass to the surviving owners.
77
freely alienable
The ability to transfer ownership of property without restriction.
78
Tenancy by the Entireties
Tenancy by the entireties is a concurrent estate which can only be created between husband and wife with right of survivorship. It cannot be severed without the consent of both parties.
79
husband and wife
The only parties who can create a tenancy by the entireties.
80
Partition
Partition is the remedy available to a joint tenant or tenant in common to have the co-tenancy terminated and divide the common property.
81
remedy
A legal means of enforcing a right or correcting a wrong.
82
division of property
The process of separating and distributing property among co-owners.
83
termination of co-tenancy
The ending of a shared ownership arrangement between co-owners.
84
Leasehold
A leasehold is an estate in land. It is the property relationship between the landlord and the tenant. The tenant has a present possessory interest and the landlord has a future interest (reversion).
85
present interest in tenant
The current right of the tenant to possess and use the property.
86
future interest in landlord
The landlord's right to regain possession of the property after the leasehold ends.
87
Tenancy for Years
A tenancy for years is a type of leasehold estate which is to continue for a fixed period of time. It may be for more or less than a year and will expire at the end of the stated period without either party giving notice.
88
fixed period of time
A specific duration for which a tenancy is established.
89
automatically terminates
The condition under which a tenancy ends without the need for notice at the end of the lease term.
90
Periodic Tenancy
A periodic tenancy is type of leasehold estate which continues year to year or for successive fractions of a year until terminated through proper notice by either party.
91
continual
The ongoing nature of a periodic tenancy until it is properly terminated.
92
termination with proper notice
The requirement for either party to provide notice to end a periodic tenancy.
93
Tenancy at Will
A tenancy at will is a type of leasehold estate which is terminable at the will of either the landlord or tenant.
94
terminates at will
The ability of either party to end the tenancy without notice.
95
Tenancy at Sufferance
A tenancy at sufferance arises when a tenant wrongfully remains in possession after the expiration of a lawful tenancy.
96
expiration of tenancy
The end of a lawful lease agreement.
97
wrongful possession
The situation where a tenant remains in the property without legal right after the lease has ended.
98
Covenant of Quiet Enjoyment
The covenant of quiet enjoyment is a covenant which if it is not expressed it will be implied in every lease that neither the landlord nor someone with paramount title will interfere with the tenant's quiet enjoyment and possession.
99
actual eviction
The exclusion of the tenant from the entire leased premises.
100
partial actual eviction
The eviction of the tenant from any portion of the leased premises.
101
constructive eviction
An interference with the tenant's possession that effectively makes the property uninhabitable.
102
Implied Warranty of Habitability
The implied warranty of habitability, if not expressed, will be implied in all leases of urban dwellings assuring that the leased premises are fit for human habitation and will remain so.
103
Retaliatory Eviction
Retaliatory eviction is a defense against eviction which imposes a limitation on the landlord's right to terminate the tenancy.
104
Surrender
Surrender is a mutual agreement between the landlord and the tenant which in effect terminates the lease.
105
Abandonment
Abandonment is where the tenant abandons the premises before the expiration of the term of his tenancy.
106
Assignment
An assignment is a complete transfer of all of the tenant's interests and obligations to another (assignee).
107
Sublease
A sublease is when the tenant transfers a part of his estate to another, and the person who sublets is not liable for any of the tenant's obligations under the lease unless he expressly assumes them.
108
Nonpossessory Interests in Land
Nonpossessory interests in land create a right to use land possessed by someone else.
109
Benefit
A benefit of a nonpossessory interest is represented by the right to make a use of land possessed by someone else.
110
Burden
A burden of a nonpossessory interest is the limitation on the possessor's right to use his own land due to the granting of a benefit to another.
111
Appurtenant
Appurtenant is a term to describe the benefit that attaches to and benefits a piece of land, and it passes with the transfer of the benefitted land whether or not the benefit is mentioned in the conveyance.
112
In Gross
In gross is a term used to describe the benefit that is intended to benefit its holder personally rather than in connection with any land the holder owns, and it will not pass with the transfer of land.
113
Servient Estate
A servient estate is the parcel of land that bears the burden of a nonpossessory interest.
114
Dominant Estate
A dominant estate is the parcel of land that enjoys the benefit of a nonpossessory interest.
115
Easement
An easement is a grant of a nonpossessory interest in land. It entitles the owner of the easement to a limited use of enjoyment of land in possession of another.
116
Affirmative Easement
An affirmative easement gives the holder of the benefit the right to go onto and do acts upon the servient estate.
117
Negative Easement
A negative easement prevents the owner of the servient estate from making a use of the servient estate that would otherwise be lawful.
118
Easement by Necessity
An easement by necessity is an easement created by implication. An easement will be implied if the grantor conveys a tract of land with no means of access except over the other portion of the tract.
119
Easement by Prescription
An easement by prescription is the creation of an easement by an adverse user. It is usually created by analogy to adverse possession by requiring the same manner and use of land for the statute of limitations.
120
License
A license grants the right to go upon land of another. It is not an interest in land but a privilege, revocable at the will of the licensor.
121
Profits
A profit is a nonpossessory interest which entitles the holder of the benefit to take some resource from the servient estate.
122
Exclusive Profits
Exclusive profits are the granting of a sole right by the owner to take resources from his land. Grantee is allowed to take even to the exclusion of the owner of the servient estate.
123
Nonexclusive Profits
Nonexclusive profits is the granting of similar rights to others for the removal of resources from the servient estate.
124
Surcharge Doctrine
The surcharge doctrine states if the owner of a profit unfairly increases his own use so the increased use could not have been intended by the original conveyance, then the servient estate is surcharged and the profit is thereby extinguished.
125
Covenants
Covenants are nonpossessory interests in land. They are promises to do or not to do a certain thing respecting the use of the land.
126
Affirmative Covenant
An affirmative covenant is a covenant which promises that the holder of the servient estate will do something.
127
Negative Covenant
A negative covenant promises that the holder of the servient estate will not do something he is normally entitled to do.
128
Real Covenants
Real covenants are covenants that run with the land at law. They are treated as if they were physically attached to the land and thus enforceable by or against a successor in interest to one of the original parties of the covenant.
129
Equitable Servitude
An equitable servitude is a covenant, whether running with the land or not, that equity will enforce against assignees of the burdened and who have notice of the covenant.
130
Merger
Merger is one method of terminating a covenant or servitude. If the title to the land benefitted and the title to the land burdened come into the hands of one person, they will merge into a fee simple and cease to exist.
131
Acquiescence
Acquiescence is an equitable defense to enforcement of an equitable servitude claim. If the benefitted party did not bring suit against other persons who violated similar restrictions of which he has the benefit, he will be held to have acquiesced in this particular violation too.
132
Estoppel
Estoppel is an equitable defense to the enforcement of an equitable servitude claim. The benefitted party may be estopped to enforce the covenant because of acts which would lead a reasonable person to believe that the covenant would not be enforced and which were relied upon by that person.
133
Nuisance
Nuisance is anything which annoys or disturbs the free use of one's property or renders its ordinary use or physical occupation uncomfortable.
134
Private Nuisance
A private nuisance is conduct which causes a substantial interference with the private use of land and which is either intentional and unreasonable or unintentional but negligent.
135
Zoning
Zoning is the division of a jurisdiction into districts in which certain uses and developments are permitted or prohibited. It is based upon the state's police power and passed to the cities and counties through enabling acts.
136
Police Power
Police power is the power of the government to regulate conduct in furtherance of the public health, safety and general welfare.
137
Density Controls
Density controls are provisions in a zoning ordinance which control the density of people using the land. Such provisions include height limitations, yard setbacks and lot size requirements.
138
Conditional Use
Conditional use is a provision in a zoning ordinance allowing an otherwise prohibited use if specified conditions are met.
139
Variance
A variance may be granted usually by a Board of Adjustments when enforcement of the ordinance would result in unnecessary hardship due to unique circumstances of the landowner.
140
Use Variance
Use variance is a type of variance that permits the owner to carry on a use otherwise prohibited in the district.
141
covenant
A formal agreement or promise in a legal context.
142
enforceable in equity
A legal principle that allows certain rights to be enforced in a court of equity.
143
assignees with notice
Individuals who have received a transfer of rights or property and are aware of any existing covenants or restrictions.
144
terminates covenants and servitudes
The act of ending or nullifying legal agreements related to property use.
145
merging of benefit and burden
The process by which the benefits and obligations of a covenant or servitude come under single ownership.
146
equitable defense
A legal argument used to prevent enforcement of a claim based on fairness.
147
unequal application of restrictions
The inconsistent enforcement of property use restrictions among different property owners.
148
violation of restrictions with consent
The act of breaching property use restrictions with the agreement of affected parties.
149
random enforcement
Inconsistent or arbitrary application of legal rules or restrictions.
150
reasonable belief
A belief that a reasonable person would hold under similar circumstances.
151
reliance
The act of depending on a representation or promise made by another party.
152
Contract Zoning
Contract zoning is a zoning device developed to cope with the rigidity of zoning ordinances and allow for the change of land uses by contracting with a developer to rezone the land if the developer agrees to develop the land in a particular way.
153
Floating Zones
Floating zones are zoning devices developed to cope with the rigidity of zoning ordinances and allow for a change of land uses. A floating zone is one specified in the ordinance together with the uses permitted therein but there are no land assignments.
154
Part Performance
Part performance is an equitable doctrine that may cause a court of equity to specifically enforce an oral contract for the sale of an interest in land.
155
Marketable Title
Marketable title is title reasonably free from doubt, i.e., a title which a reasonably prudent buyer would be willing to accept. Marketability refers to freedom from the possibility of litigation concerning the title because of doubt as to fact or law.
156
Equitable Conversion
Equitable conversion regards the buyer, in equity, as the owner of the land and the seller has a security interest for payment of the purchase price.
157
Deed
A deed is a writing used to transfer an interest in land. The usual requirements include: grantor's signature; words indicating a present intent to transfer; and a description of land and parties.
158
Delivery
Delivery refers to the grantor's intent to convey an interest in land. It is satisfied by words or conduct evidencing the grantor's intention that the deed have some present operative effect, i.e., that title pass immediately and irrevocably even though the right to possession may be postponed until some future time.
159
Conditional Delivery
Conditional delivery is an effective delivery only upon the occurrence of a condition. There are two deliveries involved in this situation; the first delivery is to a neutral third party and the second delivery is to the grantee upon the happening of the specified condition.
160
Relation Back Doctrine
The relation back doctrine is used in an escrow situation (use of a third party for delivery). Title will not normally pass to the grantee until the performance of the named conditions. However, under certain circumstances, the title of the grantee will relate back to the time of the deposit of the deed in escrow.
161
Covenants for Title
Covenants for title are assurances regarding the title conveyed which determine the seller's liability if a defect in the title should arise.
162
General Warranty Deed
A type of deed used to convey property interests other than leaseholds, warranting title against defects arising before as well as during the time the grantor had title.
163
Covenant of Seisin
Where the grantor covenants he owns the estate or interest that he purports to convey.
164
Covenant of Right to Convey
Where the grantor covenants that he has the power to make the conveyance, i.e., has title or is acting as the agent for the owner.
165
Covenant Against Encumbrances
Where the grantor covenants that there are no easements, covenants, mortgages, or liens on the property.
166
Covenant of Warranty
Where the grantor covenants that the title is sound and agrees to defend on behalf of the grantee any paramount claims existing at the date of conveyance.
167
Covenant of Further Assurances
Where the grantor covenants to perform whatever acts reasonably necessary to perfect the purchaser's title if it turns out to be imperfect.
168
Present Covenants
Covenants which the described situation either exists or not at the time the covenant is made, with a breach occurring only at that time.
169
Future Covenants
Continuing covenants which will not be breached until the grantee is disturbed in possession.
170
Bona Fide Purchaser
One who acquires apparent legal title to property in good faith for a valuable consideration and without notice of a claim or interest of a third person under the common source of title.
171
Estoppel by Deed
Where a grantor purports to convey an estate in property which he does not then own, but later acquires the title, benefiting the grantee under his deed.
172
Special Warranty Deed
A type of deed used to convey property interests other than leaseholds, where the grantor guarantees he has done nothing to make the title defective.
173
Quitclaim Deed
A type of deed used to convey property interests other than leaseholds that warrants nothing, transferring whatever right, title or interest the grantor has at the time of conveyance.
174
First in Time, First in Right
The common law rule which gave priority to the grantee who was prior in time where there was more than one conveyance made.
175
Recording Acts
Laws that protect subsequent bona fide purchasers by requiring them to record their interests, giving notice to the world that title to the property has already been conveyed.
176
Race Acts
Recording acts that state priority is determined by who records first among successive grantees of the same land.
177
Notice Acts
Recording acts that state a subsequent bona fide purchaser prevails over a prior grantee who has failed to record if there was no notice at the time of conveyance.
178
Race-Notice Acts
Recording acts that state a bona fide purchaser must record first and take without notice of any prior conveyance.
179
Notice
Requires that a bona fide purchaser cannot have any kind of notice of the prior conveyance at the time of the conveyance to qualify for protection under the recording acts.
180
Actual Notice
Where the grantee actually knows of the prior conveyance.
181
Constructive Notice
Notice which the law will impute whether or not the grantee actually knows of the prior conveyance, typically when an instrument has been recorded.
182
Inquiry Notice
Imposes a duty on the grantee to make reasonable inquiries under certain circumstances, charging them with notice of whatever a reasonable inquiry would have revealed.
183
Wild Deed
A recorded deed which is not recorded within the chain of title.
