Class 3 HYPOTHETICALS Flashcards
Constructive adverse possession with color of tile
An AP under color of title can get all of the land but non color of title, an AP can only get what they possessed.
What happens if you improve the land but realize it is not yours. Early common law view versus innocent
Early common law said anything built whether in good faith or not became property of the landowner.
Modern view is easier on an innocent improver and will force a sale of the land from the owner to the improver.
Howard v Kunto
Both had bad titles with color of title. Both claimed AP.
What is tacking?
Tacking is using the periods that prior AP’S occupied the land before you acquired to show you met the SOL time requirement. Can use tacking if there is privity.
The Kuntos and their predecessors had camped every summer on the lot, and, being good environmentalists, had left no traces when they removed their camp in the fall.
In the winter, the owner would have no notice of an adverse claim (as he would with a house sitting there). Would camping satisfy the requirement of continuity?
Yes as the land was intended to be camped on.
What is a disability according to the SOL.
A disability is irrelevant if it did not exist at the time of the AP began and DEATH removes disability
Can extend the time of the SOL based on if you are a minor, in jail, in military, mentally ill etc.
How long is Michigans SOL?
15 years
O is the owner of a lot in 1984, and A enters adversely on May 1, 1984. The age of majority is 18.
Disability Statute: “An action to recover real property shall be brought within 21 years after the cause of action accrues, but if that person, at the time the cause of action accrues, is under the age of 18, of unsound mind, or is imprisoned, such person, after 21 years from the time the cause of action accrues, may bring such action if brought within 10 years after such disability is removed.”
O is insane in 1984. O dies insane and intestate (without a will) in 2007. O’s heir, H, is under no disability in 2007.
When would the statute expire for H to bring a claim again A?
2017:
in 2007 he died and ended the disability so 10 years after to 2017.
21 10 is the baseline.
21 years is what you get, but you get 10 years exstnetion up to 31 years.
O is the owner of a lot in 1984, and A enters adversely on May 1, 1984. (The same disability statute applies.)
O is insane in 1984. O dies insane and intestate (without a will) in 2007. O’s heir, H, is 6 years old in 2007 when O dies.
When would the statute expire for H to bring a claim again A?
2017 again. DISABILITIES CANNOT BE TACKED TOGETHER.
O is the owner of a lot in 1984, and A enters adversely on May 1, 1984. The age of majority is 18. (The same disability statute applies.)
O has no disability in 1984. O dies without a will in 2002.
O’s heir, H, is two years old in 2002. When does the SOL expire for H to bring a claim
SOL ran out 2005. no disability so just 2005.
What is term of years tenacy? Can you add conditions?
A lease that ends with a finite time. No need to give notice.
Yes you can say if you every do drugs lease is over and that is still a lease in term of year
Periodic tenancy is?
Month to month. At least 1 month notice required or whatever the length of time was. if no notice, automatically renews.
if one year, then 6 months required.
What is tenacy at will?
Tenants are friends and agree. no notice required.
Tenancy at sufferance
Tenant continues to hold apartment without right. LL has right to get it back, and sue. May agree to extend and turn into periodic tenancy.
John signs a year-to-year lease with Donette that begins on July 1, 2020.
Under common-law, when must John give notice to Donette that he wishes to terminate the lease at the end of the period?
6 months after July 1st. Jan 1st 2021 6 months before period ends.
