Real Property Flashcards
What is an express easement?
A nonpossessory interest in land, creating a right to use the land possessed by someone else. To be valid an express easement must be in writing and satisfy the SOF.
What is an affirmative easement appurtenant?
One that is tied to land and gives the holder the right to make affirmative use of another’s property. In general, such an easement is transferred with the land to which it relates.
How can an easement be terminated?
Due to non-use, abandonment, by agreement, merger, or end of necessity. Non-use and abandonment are only an effective means of termination if they are accompanied by an affirmative act to end the easement (the affirmative act has to be made by the holder of the easement)
What does a race statue entail?
Under a race statute, a purchaser who records first prevails over all other interests, regardless of his knowledge of any prior conflicting interests in the property.
What is a wild deed?
A deed that is not in the chain-of-title
What does a purchaser need to prevail under a notice statute?
To purchase without notice of the prior interest.
What are the three types of notice under a notice statute and what do they mean?
1) Actual notice - exists if the grantee has actual or personal knowledge of a prior interest
2) Inquiry notice - exists if the grantee would learn of the prior interest upon a reasonable inspection of the property
3) Record notice - exists if the prior interests were properly recorded
What are the four unities?
A joint tenancy must be created with each joint tenant having an equal right to possess the property, with each interest equal to the others, at the same time, and in the same instrument
What is a fee simple subject to condition subsequent?
A present fee simple that is limited in duration by specific conditional language. In the conveyance, the grantor must explicitly retain the right to terminate the fee simple subject to a condition subsequent. This right is referred to as a right of re-entry
What is restraint on alienation?
A restraint on alienation is when a grantor attempts to forbid the sale of the land that is being conveyed. Generally, a restraint on alienation is void when it purports to prohibit alienation of the estate and render any conveyance by the grantee(s) void. May be valid when it is for a limited time and for a reasonable purpose
What is ouster?
When a co-tenant refuses to allow another co-tenant access to the property
