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Bar Review

REAL PROPERTY &REAL PROPERTY REMEDIES

(Summary Flowcharts)

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BLANK

REAL PROPERTY

LAND ACQUISITION

Adverse Possession

Land Sale K

ConveyancingDeedsDeliveryRecording Act

LAND USE

EasementsCovs R/L & Q/SvtdsSupport RtsWater RtsGovt. Control

LANDLORD & TENANT

Basic ProblemsEffect of Transfer

ESTATES & FUTUREINTERESTS

PossessoryFutureBasic RulesConcurrent

FUTURE INTERESTS

FEECONCURRENT

INTERESTS

39

LAND ACQUISITION

ADVERSE POSSESSION

ELEMENTS

Physical

Mental

Time

Permissive Entry

Co-Tenants

Good Faith / Boundaries

Statute

Tacking

Infancy

Imprisonment

Future

Horizontal

True Owner

AdversePossessor

Insanity

VerticalSCOPE

RIGHTS

DISABILITIES

LAND SALE CONTRACT

Y ZX

$

Land

Formation

Remedy

Performance

Memo

Exception

Payment

Improve

pp

Estoppel

Evidence

Title (marketable)

Tender & T of E

CONTRACT

S B

SP

Damages

COVENANTS

Seisin

Right to Convey

Quiet Enjoyment

Warranty

Further Assurance

Encumbrances

39A

DEEDS

Parties

Words of Transfer

Description

Grantor's Signature

A BA C

CONVEYANCING

Gives Deed to Grantee

Gives Deed to 3P

Retains Deed

Donative

Commercial

Presumptions/Rebutting Evid.DELIVERY:

Grantor

RECORDINGACT

1) Is the claimant a person protected by the statute?

Purchaser for valueMortgagee

Judgment CreditorHeirs

New DebtOld Debt

2) Is the transaction protected by the statute?

Type of statute: Grantee takes an interest

NoticeRace NoticeRace

w/o noticew/o notice & records first

& records first

a) Did he have notice?

ActualInquiryConstructive

Deeds recorded earlyDeeds recorded lateWild deedsCollateral documents

b) Did he record first?

39B

WEST EASTA

LAKEXROAD

A B

A1 B1

EASEMENTS

Creation

Scope

Termination

Holder

Servient

Reasonable Use

PROFITS

Revocable

Irrevocable

LICENSES Coupled with Interest

LAND USE: NON - POSSESSORY INTERESTS

Appurtenant vs. In Gross: Transferable

Executed: Easement by Estoppel

Holder

Destruction

Others

Merger

Severance

Abandonment

Surcharge

Prescription

Estoppel

BFP

Express (Fee?)

Implication

Prescription

CO

Prior Use: Quasi-Easement

Necessity

Strict Necessity

Public Use

Reasonable Necessity

CO

39C

COVENANTS & SERVITUDES

Dominant(Benefitted)

Servient(Burdened)

A B

A1B1

Covenants

EquitableServitudes

ImpliedReciprocalServitudes

Writing

Required

Required

Not requiredin ª’s deed

Remedy

$

Injunction

Injunction

Covenants

A v B: Contract

A v B1

A1 v BA1 v B1

Touch & Concern

Intent

Notice (B or B1)

Horiz

Vert

EquitableSevitudes

A v B: Contract

A v B1

A1 v BA1 v B1

Touch & Concern

Intent

Notice (B or B1)

ImpliedReciprocalServitudes

A v B: Contract

A v B1

A1 v BA1 v B1

Common Scheme

Notice (B or B1)

Privity

39D

LANDLORD & TENANT

YearsPeriodicWillSufferance

TLLHow Created?

Term & Termination?

BASIC PROBLEMS: LL&T (RP or K?) TENANT’S DEFENSES

Antic. Breach?Years

Sufferance

Will

Constructive

Actual

Periodic

Duty to mitigate?

RETAIN IMPS

Offsets

Failure to deliver possession

K Concepts

Destruction

Surrender

Eviction

Cov. to repair

Warranty of Habitability

Holdover

Open term

CONDITIONOF

PREMISES

LL

T

Statutory

Warranty / statutory

Tort

Waste

Law

Dumpor’s case

RENT

Tort

Lawsuit

Force

None

Retaliatory

Warranty/statutory

No breach

EquitableTraditional

Modern

Trade fixtures

EFFECT OF TRANSFERLiability to

LL for breachPrivity w/LL?

POSSN

LL

Notice

Orig. T

Aee

Sblsee

Contract

Estate

None

ALL

Dur’g his stay

Cov. to repair

LL-1

T

T-1

T-239E

ESTATES & FUTURE INTERESTS

Possessory

Fee

Life

Term

Simple

Tail

Grantee

3rd partyYearsPeriodicWill

Sufferance

Absolute

Defeasible Fee simple on condition subsequent

Fee simple determinable

Fee simple subject to executory limitation

Future

Grantor

3rd party

Right of entryPossibility of reverter

Reversion

Executory interest

RemainderVested

Contingent

Subject to condition subject

Absolutely

Subject to open

Concurrent

Tenacy in common

Severance

Tenacy by entireties

Joint tenancy

39F

BLANK

LAW SCHOOL BENEFITS*

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b. Upper Division Volume - This book contains flowchart handouts for the review lectures contained on the iPod®. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They can also be used to develop issue-spotting approaches and help to simplify exam outlining.

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