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Property by Mind Map: Property
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Classification of Present and Future Estates

Present Possessory Interest

Fee, Absolute, Defeasible, Determinable, Subject to Condition Subsequent, Subject to Executory Interest, Tail



Future Interest

5 Future Interest (3 Initially Created in Grantor + 2 Created In Third Person)

Reversionary Interest, Possibility of Reverter, Right of Entry / Powers of Termination, Reversion

Executory Interest

Remainder, Vested Remainder, Rule of Convenience, Contingent Remainder

Construction Rules

Restraints on Alienation Fee: Generally Invalid Less than a Fee: generally valid if reasonable; Rule Against Perpetuities Executory Interest Contingent Remainder Vested Remainder Subject to Open Purchase Option Right of 1st Refusal 21 years after everyone that is currently alive, is dead;


Rule Against Perpetuities, Vest Remainder Subj Open, Exec Int., Cont. Remaind

Concurrent Estates

Joint Tenancy, Title Theory Severs

Tenancy by the Entirety

Tenancy in Common, Income and Expenses

Land Use

Affirmative Entry

Easements, Types, Appurtenant, In Gross, Creation, Writing, Implication, By Conveance/Prior Use, Implied by Necessity, Prescription/AP, Public Use, Scope, Termination, Actions of the Owner of Servient Estate, Actions of the Owner of Easement



Dictate Use


Servitude, Implied Reciprocal Servitude


Support Rights

Lateral Support: right to have land supported in its natural state by adjoining land. Subjacent Support: conveyance of mineral rights; grantor retains right to surface support.

Strict Liability

Water Rights

Riparian View (Majority) - Anyone that touches the water may make reasonable use Prior Acceptance/Use View (Minority) - 1st in Time, 1st in Right



Diffuse Surface Water

Competing Claimants

Adverse Possession

Elements, Physical, Cotenants, Mental, Time



Equitable Conversion

Equitable Title (Passes to Buyer) - Majority Legal Title (Remains with the Seller) Uniform Vendor and Purchaser Risk of Loss Act, the purchaser is deemed the true owner of the land (and thus bears the risk of loss) only as of the date of the closing or the date the purchaser goes into possession of the land, whichever comes first.

Buyer has liability

Marketable Title

Implied to every land k; Marketable Title = reasonably free from defects at the time of closing. defects may include [1] mortgage [2] covenant/easement [3] title acquired by AP until AP quiets title [4] zoning

Merger Doctrine, Present Covenants, Future Covenants

Conveyance by Deed

Valid Deed



Recording Acts & Titles

Protects Subsequent Purchasers  

Types, Notice Statute, Without Notice, actual, constructive, inquiry notice, Pays Value, Race-Notice Statute

Process of Recording, Tract Index, Grantor/Grantee Index

Land Security Devices

Mortgage, Remedies, Creditors Remedy, Debtors Remedy, Transfer, Lien/Title Theory Jurisdiction, Lien Theory - Mortgagee is lien only, Title Theory - Mortgage is title

Deed of Trust

Land Sale Installment K


Step 1: Determine Types of Tenancies

Tenancy for Years

Periodic Tenancy

Tenancy At-Will

Tenancy at Sufferance (Holdover Tenant)

Step 2: Determine Type of Dispute

Dispute over Rent, Step 1: How much to sue for?, Step 2: Does T have Defenses?

Who Must Maintain, Implied Warranty of Habitability, Tenant must avoid waste

Fight Over Possession

Dispute over Improvements

Step 3: Determine if Interest Transfered and Its Effects

T transfers to T1, Assignee, Sublessee