Real Property Flashcards
(13 cards)
Types of defensible fees
Fee simple determinable
Fee simple subject to condition subsequent
Fee simple subject to executory limitation
Absolute restraint on alienation
Life estate
What are the future interests
Possibility of reverter
right of entry
Reversion
Requirements for adverse possession
Continuous
Open and notorious
Actual and exclusive
Hostile
Joint tenancy
Right of survivorship
Must have for unities— time, title, identical interest, possess
Can sever by selling or partitioning
Tenancy in common
Dividable descendible and alienable
Owns an individual part but right to possess the whole
What are the types of affirmative easements
By prescription I E adverse possession
Implication
Necessity
Grant - in writing
What is an easement appurtinent
Benefits dominant tenant
Two parcels dominant and servient tenement
Passes automatically with the dominant tenement
What are the ways to terminate an easement
Estoppel Necessity Destruction Condemnation Release Abandonment Merger Prescription
What do you need for the burden of a covenant to run with the land
Writing
Intent
Touch and concern the land
Horizontal and vertical privity
What do you need for the benefit of a restrictive covenant to run with the land
Writing
Intent
Touch and concern the land
Vertical privity not horizontal
What is an equitable servitude and what do you need
Writing next line intent
Touch and concern
notice
No privity
What are the implied promises when conveying land
Marketable title
No material lies
No implied warranties
What are the six promises in a general warranty deed
Present covenants (owns the land, right to convey, no servitudes Orleans) Future cabinets (quiet enjoyment warranty, further assurances)
