1. Actual Entry

2. Exclusive

3. Open and Notorious

4. Adverse

5. Claim of Right

6. Continuous for Statutory Period

Majority

- Sufficient to put the average owner on notice

- Owner's knowledge is irrelevant

Minority/Mannillo Exception

- ACTUAL knowledge required if:

1. Minor encroachment

2. Along a common boundary

1. Objective: state of mind is irrelevant.

2. Good Faith Standard: AP must believe that he is not trespassing for the entire statutory period.

3. Bad Faith Standard: AP must know he does NOT own the land but intend to take possession away for the entire statutory period.

Tackin allows a subsequent adverse possessor to add the time the previous adverse possessor had occupied the land to their own time of possession in consideration of Contintuous for Statutory period element of adverse possession. It is permitted only if the two adverse possessor's are in privity. 

Minority:

If subsequent adverse possessor kicks original AP off, but leaves and original comes back later, original can tack two times together.

1. Given to at least one ascertained person

2. Not subject to a condition precedent (that is, capable of coming into possession at the end of the preceding estate)

An interest divesting the interest of another TRANSFEREE. 

Ex: To B(h), but if C ever goes skydiving, then to D. 

D has a shifting executory interest. 

What is a SPRINGING executory interest?

A springing executory interest is an interest that divests the TRANSFERROR following a gap in time during which NO OTHER TRANSFEREE has a right to possession.

Ex: To B(h), if C ever returns from France. 

If, at the time that the estate preceding B expired C had not returned from France, O would retake the property until C returned from France. B would thus have a springing executory interest. 

1. Class must be closed

2. Conditions must be resolved for ALL present and future members.

1. Class must be closed at the end of the preceding estate. 

2. All or Nothing Rule: conditions must be resolved for ALL present and future members.

1. Time

- Interests of each joint tenant must be acquired or vest at the same time

2. Title

- All JT must acquire title by the same instrument

3. Interest

-Must have equal and undivided shares and identical interests for an identical duration

4. Possession

- Right to possession of the whole

If a joint tenant desires to destroy the time and title unities, the JT can convey his interest in the joint tenancy to a strawman, who will then convey the property back to the joint tenant who is now a tenant in common. 

MINORITY: In CA, strawman is unncessary. JT can grant himself his own property, thus destroying time and title.

1. Partition in kind

2. Partion by sale

These can be brought by any tenancy BESIDES tenancies in the entirety, since TE's each have a 100% interest in the property.

1. A parition in kind physically divides the property between the co-tenants into equal parts. This is the default. 

2. A partition by sale is justified if:

1) Physical attributes of property make partition by kind impratical or inequitable. Consider:

- Geography/Topography

- Multiple cotenants

- Tenants don't get along/can't share

2) Intersts of the owners would be better seved by sale. Consider:

- Reduced marketability of land 

- However, also consider sentimental attachment (speaks against partition by sale)

No, generally an occupying cotenant does not owe rent. However, if there is an agreement or ouster, rent is required.

Ouster requires: 

MAJORITY: Denying entry/access.

MINORITY: Demand letter for rent/denying access

1. Term of years

- Lease lasting for a predetermined period of time

- Notice of termination is not necessary

2. Periodic Tenancy

- Establishes intial period and then a renewal period (ie one year lease followed by month to month)

- Notice is required since continuation is implied.

a. 6 months required for year to year

b. If less than a year, must be given equal to the length of the time period but cannot exceed 6 months

c. Must terminate on final day, not in the middle of the period

3. Tenancy at Will

- No time span

-Can unilaterally terminate

- Most statutes require 30 day notice

4. Tenancy at Sufference

- Tenant remains in possession after termination of the tenancy 

- Termination is at discretion of landlord

- Notice is not required

1. Notify landlord of defects IF UNKNOWN to landlord.

2. Allow a reasonable time for correction.

1. Tenant may stop paying rent until defects are cured.

2. Tenant may still pay rent and sue for damages after vacating premises.

3. Tenant may break lease and abandon property.

Damages:

Compensatory

- FMV of dwelling MINUS actual value of dwelling in defective condition OR

- Actual rent paid minus actual value of dwelling in defective condition

Pain and Suffering

Punitive

Annoyance and Discomfort damages sometimes available

It provides that the Act does not apply to:

1. Single Family homes being sold/rented by an owner that

2. Does not own more than three such houses

3. Only one such sale in a 24 month period has occurred 

OR

Owner occupies one residence in a building with no more than 4 total single-family dwellings

A 3604(c) violation, even if perpetrated during the course of one of the above exceptions will be grounds for violation of FHA.

A race notice statute protects subsequent purchasers of property from prior interests if 

1. Subsequent purchaser does not have notice of the prior sale

2. The subsequent purchaser records their instrument of sale before the prior purchaser.

1. Reliance

- The use of the property must be necessary if improvements are used to demonstrate reliance

- The easement itself must be improved or used to make improvements upon the land

2. Reliance must be reasonable

3. Knowledge (JX approach)

- Owner must know or permit the reliance

1. Long, continuous use by public

2. According with proper claim of right

3. Owner must be put on notice that public, not individuals are using the easement

1. Block windows

2. Prevent air flow in a defined channel

3. Remove support of building

4. Interfere with the flow of water in an artifical stream

1. Release

- Contract

2. Merger

-Dominant and servient estates are merged by servient estate owner

3. Estoppel

-Reliance by servient estate on dominat estate's representation that easement will not be used

4. Abandonment

-Unequivocal manifestation of intent to abandon

- Words alone insufficient

- Non-use alone is insufficient

1. Statute of Frauds

2. Intent to Run with the Land

3. Privity

- Horizontal 

-Vertical

4. Touch and Concern

5. Notice

It is required for both the benefit and burden to run in a real covenant.  

For a benefit to run, SOME interest in land must be transfered between the prior owner and the current.

For a benefit to run, the interest in land that is passed must be identical to the previous owner.

Horizontal privity is established when the original covenanting parties have a successive relationship with each other or through a grantee/grantor relationship. 

Horizontal privity is required when a party is attempting to establish that a burden runs with the land.

1. Statute of Frauds

2. Intent to run with the land

3. Touch and concern

4. Notice of covenant

5. Privity (horizontal and vertical) (JX Approach)

1. Original common owner

2. Common scheme

3. Intent for covenant to apply 

- Infer from surrouding properties

4. Notice

5. Touch and Concern

6. Privity (JX approach)

1. Restriction is arbitrary

2. Violates public policy

3. Burden to owner substantially outweighs the benefit to the community

1. Invasion

-Non-physical trespass

2. Unreasonable

-Weigh gravity of harm versus the value of actor's conduct

3. Intent

-Purposefully causing harm OR

-Knoweldge of harmful effects OR

- Substantially certain of harmful effects