- Not required in all J's
- Shortens the length of time required
- Assists with constructive possession of parts of land not physically possessed
- Adverse possession may be under Color of Title

- Mentally incapacitated
- Imprisoned
- Minor

False
The disability must have occurred before the start of the Adverse Possession

- Physical Attachment (to what extent is the item attached? Is it movable?

- Adaptation (to what degree is the item specially adapted to the property?) Has it lost value because it is attached?

- Intent (what is the intent of the annexing party?)

- Convey (passing of deed by sale or gift)

- Devise (testimentary gift)

- Inheritance (intestate to heirs)

- Dominion and Control (ability to use, possess, enjoy, exclude, without consent)

- Exception to rule of possession

- SOL upon true owners right to recover possession of land from an adverse possessor

- Once elements are met, the true owner can no longer bring legal action to recover

- Adverse Possessor's possession ripens into good title

1. Demonstrate maintained actual possession of the land
2. For the duration of the statutory period on an action to recover
3. Throughout period, the possession was:
- Open and notorious (visible)
- Hostile (w/o permission)
- Continuous (no interruption)
- exclusive (dominion and control)

** Also look at the color of title and th payment of taxes.

1. Taking control of the property
2. With the intent to maintain possession of it

- Type of location of the find
- Identity and characteristics of the finder
- Control by owner in public or private space

- Fraud
- Subsequent purchasers are protected

- Theft
- Original owner is protected

1. Apprehension or expectation of imminent death by donor
2. Delivery of property
3. Intention that control take effect immediately (becomes absolute at time of death)
4. Acceptance by donee

- If they are not stated clearly to the buyer, this is an encumbrance - even if there is no violation, and the title is not marketable.

- If there is a violation, title is not marketable.

- Not an encumbrance, even if there is no notice to the buyer from the seller

- Title remains marketable unless there is a violation of the restriction

- Destructibility of Contingent remainder
- Rule in Shelly's Case
- Doctrine of Merger
- Doctrine of Worthier Title
- Rule Against Perpetuities

Risk of loss after contract has been entered:
- Buyer is treated as the legal owner, property goes to the buyer
- Seller receives only cash

(J can changes this.)

1. Pecuniary charge against the premises (mortage, lien)

2. Estates or interests in the property (leases, life estates)

3. Easements or servitudes on land (restrictive covenants, rights of way, zoning requirements)

Unlikely to deem building code violations as encumbrances.
- easily discoverable
- buyer should investigate and learn about the property

Third party future interest:
- Fee simple Determinable Subject to Executory Interest (FSD)
- Fee Simple Subject to Condition Subsequent (FSSCS)
- Fee Simple Subject to Executory Limitation (FSSEL)

Can be:
Springing - Grantor
or
Shifting - Grantee

Future interest of a third party in a Life Estate or term of years.

1. Not ascertainable or
2. Contains unmet conditions

Future interest in 3rd party for Life Estate or term of years. Must be:
1. Ascertainable
2. Have no unmet conditions

Element #1 of Vested Remainder (Life estate, term of years, future interest)

- Does remainder go to children not yet born?
- Does remainder go to heirs of person not yet dead?
- Does remainder go to window/er when spouse is still alive?

- Compliance with SOF
- Signatures (notarized)
- Adequate legal description
- Expression of consideration
- Proper delivery (present intent to deliver the deed)

Present
1. Warranty of Seisin
2. Warranty of Right to Convey
3. Warranty against encumbrances
Future
4. Covenant of general warranty
5. Covenant of quiet enjoyment
6. Covenant of further assurances

1. True owner has superior title (Hierarchy of Rights)
2. Type of property
- lost
- abandoned
- mislaid
- Treasure trove
3. Exceptions
- private/public
- public with private features
- best place to keep
- employee finder
- limited purpose of finder on premises
- surface or concealed

- Destructibility of Contingent Remainder
- Doctrine of Worthier Title
- Doctrine of Merger
- Rule of Shelly's Case
- Rule Against Perpetuities

1. Donor's intent of present transfer
2. Delivery
3. Acceptance

1. Intent to transfer (express or constructive)
2. Delivery (actual, constructive, symbolic)
3. Acceptance by Bailee (actual or constructive)
4. Redelivery from baliee to transferor

- Looked at with suspicion

- Not valid because of fear of fraud

First person to record prevails

Pro: Certainty

Con: Unfair - first person wins even with knowledge of previous unrecorded conveyance

In order to verify title search
- Grantor's tracking present to remote
- Grantee's tracking remote to present

(to determine chain of title)

1. Land to prior claimant, reimbursement of subsequent purchaser

2. Subsequent purchaser gets fractional interest (does not happen often)

3. Land to subsequent purchaser, remainging payments made to prior claimant.

- single family home rented by owner (who has less than 3 single family homes simulataneously)

- property rented without the use of a real estate agent

- done without publication or advertisement - if owner lives in part of the premises

1968 with subsequent amendments

Prohibits discrimination on
- Race
- Religion
- Color
- Family status
- National Origin

1. Term of years
2. Periodic Tenancy
3. Tenancy at will
4. Hold over tenancy

1. Maintain common areas
2. Repairs undertaken are done adequately
3. Secure quiet enjoyment of the premises

Landlord has two options:
1. Have tenant vacate
2. Renew tenancy period, not to exceed one year)

- financial responsibility of the proposed assignee
- suitability of proposed use of particular property
- legality of proposed use
- need for alterations
- nature of occupancy

1. Stay and sue for damages - value differential of lease with and without interruption

2. Constructive eviction - calculate the actions and determine if they imply de facto eviction

1. Intentional and actual/inferred act by landlord that breaches a duty owed by the landlord

2. Acts must be substantial inference

3. Tenant must vacate

4. Vacating must take place in a reasonable amount of time from the landlord's acts

1. Tenant must give notice of defect
2. Defect must be substantial
3. Must allow reasonable time to repair

1. Enactment of housing code statute or ordinance insuring safe and decent housing conditions

2. Landlord's business is leasing residential housing

3. Tenant at the time of reporting is not otherwise in material defect of the lease

4. Landlord's primary motive for eviction was tenant's reporting of a violation

5. Tenant's reporting was in good faith and with cause

* No notice is required
* BOP on tenant

1. limited use or enjoyment of land in which interest exists

2. entitles them to protection as against 3rd party inference in such use and enjoyment

3. Is not subject to will of possessor of land

4. is not a normal incident of possession of any land possessed by owner of the interest.

5. Is capable of creation by conveyance