USA · 1L · Property
Estates & Black-Letter Rules
Adverse possession, future interests, recording.
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Show all 6 questions and answers in this book
1.Elements of adverse possession?
Possession that is actual, open and notorious, exclusive, adverse (hostile), and continuous for the statutory period.
Common law; varies by state statute
2.Fee simple determinable vs fee simple subject to condition subsequent?
Determinable ("so long as") ends automatically and leaves a possibility of reverter; condition subsequent ("but if") lets the grantor exercise a right of entry.
Restatement of Property
3.State the common-law Rule Against Perpetuities.
"No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest." (John Chipman Gray)
Gray, The Rule Against Perpetuities (1886)
4.Three types of recording acts?
Race (first to record wins), notice (a later bona fide purchaser without notice wins), and race-notice (a later bona fide purchaser without notice who records first wins).
State recording statutes
5.Tenancy in common vs joint tenancy?
Joint tenants have a right of survivorship and need the four unities (time, title, interest, possession); tenants in common have no survivorship and need only unity of possession.
Common law
6.Tulk v. Moxhay (1848) — why studied in the US?
Origin of the equitable servitude: a covenant restricting land use binds a successor with notice in equity.
Tulk v. Moxhay (1848) 2 Ph 774