Property Flashcards

1
Q

License

A

Merely a privilege to go upon another’s land

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2
Q

Easement

A

Nonpossessory interest in land. Holder has the right to use another’s land

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3
Q

Profit

A

Nonpossessory interest in land. Holder has the right to go upon another’s land and take soil or a substance of the soil (e.g., mineral, timber)

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4
Q

Real Covenant

A

Nonpossessory interest in land. Written promise to use or not to use land in a certain manner, and doesn’t confer a right to possess the land on the covenantee

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5
Q

Race Notice Jurisdiction

A

Recording act that alters the common law rule “first in time, first in right” to protect subsequent BFP. In order to prevail over prior grantee, subsequent BFP msut record before prior grantee records.
* BFP will not prevail over prior grantee under race-notice without recording

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6
Q

Subsequent Bona Fide Purchaser

A

One who gives valuable consideration and lacks notice (actual, inquiry, record) of the prior conveyance.
1. BFP doesn’t need to record before they learn of the prior grant
2. notice requirement of BFP is measured from time of subsequent grantee’s receiving her conveyance
3. BFP who lacked notice at the time of conveyance, then learned of the prior itnerest, and recorded can still prevail over prior interest

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7
Q

Notice Jurisdiction

A

Requires only that subsequent purchaser have no actual or constructive (i.e. record or inquiry) notice at the time of the conveyance.
* Subsequent BFP need not record in order to prevail over prior grantee who failed to record.

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