Real Property Flashcards
(12 cards)
Tenancy in common
Under common law, a tenancy in common is a tenancy by two or more persons, in equal or unequal divided shares, who each have an equal right to possess the whole property but no right of survivorship.
Joint Tenancy
Under common law, a joint tenancy is a tenancy by two or more persons, who take identical interests simultaneously /saiml’teiniəsli]/ by the same instrument with the same right of possession and with a right of survivorship.
Tenancy by the entirety
Under common law, a tenancy by the entirety is a tenancy between husband and wife, arising when a single instrument conveys /kən’veɪ/ 转让土地/财产 property to the husband and wife, creating an indestructible right of survivorship, and the interest created is not a joint tenancy.
Reversion
Under common law, a reversion回赎权 is an interest retained by the grantor when the grantor conveys less than his entire estate, and the future interest is not a possibility of reverter or right of entry/ (slash) power of termination.
Remainder
Under common law, a remainder is a future interest created in a grantee that is capable of becoming possessory /pə’zesərɪ/ immediately upon the natural termination of the prior estate.
Fee simple absolute
Under common law, an estate in fee simple is an absolute ownership of an estate of infinite duration.
Life estate
Under common law, a life estate is an estate that is measured by the explicit lifetime of a person and never in terms of years.
The Rule Against Perpetuities /pə:pi’tju:itiz/ 永久
Under common law, the Rule Against Perpetuities voids certain future interests in third parties if there is any possibility, however remote, that the given interest may vest授予 more than 21 years after some life in being at the creation of the interest. The Rule Against Perpetuities applies to contingent remainders and executory /ɪɡ’zekjʊtərɪ/ interests.
Adverse Possession
Under common law, a trespasser can be transformed into a rightful owner of property if he has had continuous, open and notorious /no’tɔrɪəs/ 众所周知, actual, and hostile possession of another’s property for a statutorily /ste-tju ‘to- rili/ 法定 prescribed/prɪˈskraɪb/ period of time.
Easement
Under common law, an easement is a nonpossessory /pə’zesərɪ/ property interest, entitling the holder to special use of the servient /’sə:viənt/ 从属的 tenement /ˈtenəmənt/ 土地 without a right to possess or enjoy the servient tenement.
Covenant
Under common law ,a covenant is a written promise to do sty on the land or a promise not to do something on the land; a covenant runs with the land and is capable of binding successors /səkˈsesər/. A breach of a real covenant is remedied by an award of money damages, not an injunction.
Equitable servitude /’sɜːvɪtjuːd/ 地役权
Under common law, an equitable servitude is a covenant that will be enforced against successors who had notice of the covenant, regardless of whether the formal privity /’prɪvəti/知情 requirements were met. To receive an injunction or specific performance as a remedy, the covenant must qualify as an equitable servitude.
