Property Law Cheat Sheet.pdf - Property Law(Dukeminier Concise Edition Acquisition of Property By Find By Discovery Capture(1st By Adverse Possession

Property Law Cheat Sheet.pdf - Property Law(Dukeminier...

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Property Law (Dukeminier Concise Edition) Acquisition of Property By Find By Discovery / Capture (1 st ) By Adverse Possession Lost Property (title against the world, minus True Owner) - Armory v Delamirie - Hannah v Peel If found on your land, is the finder s over yours, generally. - Not underground Johnson v M Intosh Pierson v Post Keeble v Kickeringill Popov v Hayashi (baseball) Jacque v Steenburg Homes State v Shack Have to capture fugitive resources to own them. 1) Actual and Exclusive 2) Open and notorious 3) Continuous 4) Under claim of right/hostile & against successive owners Fulkerson v VanBuren Hollander v WMC Howard v Kunto O Keefe v Snyder By Gift Subleases/Assignments 1) Donor must intend to give the gift (transfer title) 2) Donor must deliver the property 3) Donee must accept the gift (presumed) Inter vivos = irrevocable Gift causa mortis à IMMINENT death & revocable Newman v Bost Gruen v Gruen Assignment à Entire interest Sublease à tenant has remainder interest Ernst v Conditt Kendal v Ernest Recording System : 1) Notice Jurisdiction à 1 st purchaser s deed has to be recorded BEFORE the occurrence of the 2 nd purchase to defeat the 2 nd buyer. 2) Race Notice à 2 nd purchaser (bona fide, good faith) record before 1 st buyer to win 3) Race Jurisdiction à Record 1 st to win (w/ or w/o good faith) Luthi v Evans; Orr v Byers Nuisance à Morgan v High Penn Oil Co. Zoning - Constitutionality à Village of Euclid v Amber Realty - Nonconforming Use à PA Northwest v Zoning Hearing Board - Expanding Aims of Zoning à State ex rel Stoyanoff v Berkeley ; City of Edmonds v Oxford House ; Southern Burlington County v Mt. Laurel .
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The Estates System Type of Estate Freehold Estate? Future interest by grantor? Future interest held by 3 rd party? Fee Simple Absolute Yes No future interest No future interest Fee Simple Determinable Yes Possibility of Reverter Executory interest Fee Simple Subject to Condition Subsequent Yes Right of Re-Entry Executory interest Life Estate Yes Reversion Remainder Term of Years, periodic tenancy & tenancy-at-will (leasehold) No Reversion Remainder Fee simple absolute: To Recipient (& heirs)(forever) Life estate: To A for life ; to A for the life of B Term of years: to A for [time] Periodic tenancy: To A from year to year Tenancy-at-will: To A, so long as we both are willing Fee simple determinable: land to X, so long as Y Fee simple subject to condition subsequent: to A & heirs, but if [condition/event] then Grantor retains right to re-enter White v Brown; Mahrenholz; Kajo Church Square v Walker Future Interests: 1) Possibility of Reverter à
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  • Spring '02
  • Baker
  • Life estate, Real property law

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