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Details Title Property Law Vocabulary!!! Description For all 1L students who need to know what they are talking about. Total Cards 62 Subject Law Created 09/30/2011

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Cards

Term What are the essential elements of adverse possession?	Definition Actual, open, hostile, continuous, exclusive
Term prescriptive easement has what TWO kinds?	Definition Appurtenant and in gross.
Term Three types of adverse possession?	Definition Conquest, adverse possession, prescription
Term What's a fee simple absolute?	Definition Greatest possible estate in land, title of potentially infinite duration. NOT conditional, determinable, or fee tail.
Term What's a fee tail?	Definition An estate which can only be passed on to "A and the heirs of his body". Should this condition fail, then property REVERTS to original grantor.
Term What's a reversion?	Definition A future property interest kept by the grantor of property, or his heirs.
Term What's a remainder?	Definition A future interest in property held by someone other than the grantor or grantee. "To Sara for life, then to Lily."
Term Example of reversion?	Definition "To Sara for life." Sara has a life estate, grantor has a reversionary interest.
Term Example of a remainder?	Definition "To Sara for life, then to Lily." Sara has life estate, Lily a remainder.
Term What's an executory interest?	Definition An interest in property which will pass to another if certain events occur or do not occur.
Term Fee simple determinable?	Definition grantee holds the fee simple until a condition happens, and then grantee's estate terminates and the fee simple automatically returns to the grantor.
Term Grantor's interest in fee simple determinable?	Definition Possibility of reverter.
Term Fee simple on condition subsequent?	Definition Grantee holds the fee simple estate, but if a condition happens, the grantor has the right to reenter the land and take back the fee simple estate.
Term Grantor's interest in fee simple determinable?	Definition Right of reentry or power of termination.
Term Fee simple on executory limitation.	Definition Grantee holds the fee simple estate, but if a condition happens, the fee simple estate automatically vests in a named third party. (This party holds an executory interest or executory limitation.)
Term What's an estate?	Definition It's an interest in land that gives the owner the right to possess the land.
Term What is "possession" of land?	Definition It is the general dominion and control of land, including occupying the land and making use of it, and excluding others from the land.
Term Three "time states" of possessory interests?	Definition Now, in the future, and potentially in the future.
Term What's an example of a "non-possessory" interest in land?	Definition An easement! This is an "incorporeal interest" in the land.
Term Remember: an estate gives you the right to possession of land.	Definition Either now, in the future, or potentially in the future!
Term What are the TWO basic ownership interests in land? (HINT: estates v. incorporeal interest)	Definition Possessory estates and incorporeal interests!
Term What are the six basic estates in land (in terms of duration)?	Definition Fee simple absolute, fee tail, life estate, term of years, periodic tenancy, tenancy at will.
Term What are two basic ways of classifying estates?	Definition Time of enjoyment and potential duration.
Term Difference between "freehold" and "non-freehold" estates?	Definition Owners v. renters.
Term What's the technical meaning of "tenant"?	Definition Any owner with a present possessory interest in land.
Term What's the technical meaning of "tenement"?	Definition Any lands currently under present possession.
Term What is "retaining while conveying"?	Definition It means transferring land, but reserving certain rights for yourself.
Term What is subinfeudation?	Definition The process of sub-letting property from tenant to sub-tenant to sub-sub-tenant, etc., to "put somebody into property underneath you" while you retain certain ownership rights.
Term Can all estates have both present interests and future interests?	Definition Yes! Present fee simple absolute/ future fee simple absolute, present life estate, future life estate, etc.
Term What is a "term of years" estate?	Definition One that is to end on (or before) a definite date.
Term Can a "term of years" last less than one year?	Definition Yes. "To A for six months" is a "term of years" estate.
Term What is this? "to A for 1000 years if he so long live"	Definition It's a term of years - the time period of possessory interest will end on or before a definite date.
Term What is this? "to A for 2 years so long as the rent is paid on time."	Definition a DETERMINABLE term of years - will end on or before a certain date, subject to condition of payment.
Term What is a tenant's interest in the land?	Definition The present possessory interest - a "term of years" estate.
Term What is the landlord's interest in land under a lease?	Definition A future interest in the land - a reversion.
Term List the freehold estates!	Definition Fee simple absolute, fee tail, life estate.
Term What are the "non-freehold estates"?	Definition Term of years, periodic tenancy, tenancy at will.
Term What instrument is used to create or transfer freehold estates?	Definition A deed.
Term What does an "easement of way" get you?	Definition The right to use the property of another for unobstructed passage, with the right to enter upon said property and prepare it for that purpose, together with such other incidental rights as are necessary to the enjoyment of the right of passage.
Term Prescriptive Easement?	Definition An easement created by the hostile, open, notorious, and continuous use of another's land for the period set by statute.
Term What's an unrecorded easement?	Definition An unrecorded easement is a license and does not run with the land or bind subsequent purchasers without notice).
Term Elements needed to establish an implied easement?	Definition (1) easement is reasonably necessary to the enjoyment of the original piece of property, (2) the land must be divided (or "severed"), so that the owner of a parcel is either selling part and retaining part, or subdividing the property and selling pieces to different new owners, and (3) the use for which the implied easement is claimed must have existed prior to the severance or sale.
Term What do you call a RIGHT that has been granted by a servitude?	Definition A "benefit."
Term What do you call an OBLIGATION that has been created by a servitude?	Definition A "burden."
Term Benefits and burdens that run with the land are called...?	Definition "appurtenant"
Term Benefits and burdens that do not run with the land are called...?	Definition "in gross"
Term Restrictive covenants tend to run with the... land or estate?	Definition Land - such that covenants not to use a residence for commercial purposes apply equally to assignees AND sublessees.
Term Affirmative covenants (such as the covenant to pay rent) generally run with the... land or estate?	Definition Estate! Such that a sublessee has no duty to pay rent, but does have a duty to avoid committing waste.
Term What are the two basic kinds of servitudes?	Definition EASEMENTS and COVENANTS. An easement creates the right to enter the land of another and make limited use of it. A covenant is a promise by or to a landowner intended to bind or benefit successors in interest to the land.
Term What's a restrictive covenant?	Definition An agreement that the landowner will use or not use the land in a particular way.
Term What's an affirmative covenant?	Definition An agreement that obliges the landowner to make payments or perform some other service for the benefit of another.
Term What's a "profit a prendre"?	Definition That's the right to go and extract something of value from the land of another, or to hunt and fish on that land.
Term What's an "executed parol license"?	Definition That's a license to use someone's land - that has become irrevocable by estoppel. (aka an easement by estoppel)
Term What's the difference between a "negative easement" and a "restrictive covenant"?	Definition Nothing! They both function to restrict the use that can be made of a particular parcel of land.
Term What's an equitable servitude?	Definition A covenant that is enforceable by injunction - action of the equity court.
Term What's a conservation easement?	Definition A statutorily recognized servitude that is usually held by charitable organizations and government bodies for conservation and historic preservation purposes.
Term What's a common interest community?	Definition Modern housing plans such as condos, coops, town house communities, etc., which assess fees in return for joint use of common property. Combines joint ownership of common property with individual ownership of parcels or units.
Term Can a "right of way" easement be unilaterally moved?	Definition No way, because an easement is a property right which cannot be removed or interfered with without statute or express agreement of the parties.
Term How do easements by necessity arise?	Definition By severing a single parcel into two, and the right of way is absolutely necessary to maintain road access for the dominant tenement.
Term Easements appurtenant are automatically transferred with the dominant land, unless the deed specifies otherwise.	Definition Right.
Term Limits on increasing the burdens of prescriptive easements?	Definition Courts may not permit the holder of a prescriptive easement to increase the burden of the easement beyond what was established during the prescriptive period.
Term Increasing the burdens of express easements?	Definition A right of way may see a huge increase in the use of the easement, but this is limited to the needs of the dominant tenement. What you CAN'T do is increase the size of the dominant tenement by adding to it.

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