Term
|
Definition
Substantial and unreasonable interference with use and enjoyment of property.
Substantial: offensive, inconvenient, annoying to average person
Unreasonable: Harm outweighs utility |
|
|
Term
|
Definition
| Unreasonable interference with health, safety or property rights of community |
|
|
Term
|
Definition
CAON HE?
Continuous, actual, open, notorious, hostile, exclusive |
|
|
Term
|
Definition
CAON H(E)
minus the exclusivity |
|
|
Term
|
Definition
1) General
2) Special - defects that arose during ownership
3) Quitclaim - no covenants |
|
|
Term
|
Definition
1) Present
a) Seisin - owned as per deed
b) Right to convey
c) Against encumbrances
2) Future
a) Quiet enjoyment
b) Warranty
c) Further assurances |
|
|
Term
| Present and future interests |
|
Definition
|
|
Term
| Mortgage transferee liability - subject / assume |
|
Definition
Assuming - Personal liability
Subject to - No personal liability (if silent) |
|
|
Term
| Elements for restrictive covenant to run with the land |
|
Definition
1) intent for it to run
2) notice if the successor is a bona fide purchaser
3) touch and concern
4) privity of estate |
|
|
Term
| RAP applies to what future interests |
|
Definition
1) vested remainders subject to open,
2) contingent remainders
3) executory interests |
|
|
