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test cheat sheet 3 - 2)creation by implication A plat is a...

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Unformatted text preview: 2)creation by implication A plat is a detailed map/survey of a large area/subdivision. Shows location of easements. Observation or prior use» as a reaSonable person you have observed someone using it. 3)by necessity. Pieces of land that don’t have access to public roads 4)pre5cription— someone has been using the property in an open, notorious, and hostile fashion for a period oftime, and therefore has a right to use it. Use must be adverse (something inconsistent with owner's exclusive rights), continuous, and exclusive -dominant estate can develop land in a "normal” fashion. See zoning for what "normal” is Also look at surrounding area -if there is no document or the document is silent, the dominant estate is responsible for maintenance Same is true for easements in gross. Servient estate is not responsibie -Termination of easements: 1) cessation of the purpose, 2) expiration of time, 3)merger, 4)abandonment (must show intent of abandonment), 5) destruction (servient estate is destroyed), 6) condemnation (aka eminent domain, gov't takes away servient property), 7)release (written document. if created by express conveyance, must be released by express conveyance.) Estates -estate in land- nature, quality, and quantity of Ownership. -freehold estate uncertain duration of ownership _ -non freehold estates— have a definite duration, usually with leases. -most common type of freehold estate is the fee simple absolute: lasts forever. Oniy 2 limitations: zoning and eminent domain. Any time you transfer a fee simple absolute there are no private limitations unless specified in a document. -fee simple defeasible estate— limitations on use of property Reverter- right of the grantor to reclaim ownership. «life estate- duration is a person’s life. Grantee pays taxes but no obligation to buy insurance Life tenant has obligation to make repairs, can use for any use, oniy limited by zoning and condemnation. Waste means you have destroyed the property or cause value of the reversion to decline. -concurrent ownership -2 or more people having rights to property. -joint tenancy— 2 or more people as owners, 4 unities that must remain intact: 1)unity of time (all people must have received their interests at the same time), 2)unity oftitle (everyone got their interest in the same conveyance), 3) unity of interest (everyone has an undivided right to the whole), 4) unity of possession lf unity is destroyed it is called severance. Ifjoint tenancy no longer exists, it is called a tenancy in common For a tenancy in common, you only need unity of possession. Couples -unmarried couples do not have property rights. The law defines marriage as a civil contract. An annulment means the marriage is as if it never existed, no property rights. Marital property is all property acquired during the course of a marriage. Most states including Georgia follow marital property. Gifts, pensions, business interests=marital property Property is usually split 50/50 but the court has discretion in making other arrangements -community property— everything acquired during the marriage is part of the community and is split 50/50, excluding: premarital property, gifts, inheritance. Creeping community property is separate property that turns into community property —antenuptial agreement— must meet 3 requirements: 1) in writing, 2) fuli disclosure of assets, 3) fair and equitable, no unconscienability (shocks the conscience) . -common law marriage- minority rule. If you live with someone long enough and act as if you’re married to the community, the law will hold you as married. -palimony- contract of support. Where one person of an unmarried couple says they will take care of the other person -property rights for same-sex couples, 3 situations: 1) most states do not recognize same-sex marriage, 2) reciprocal beneficiaries/domestic partnerships (you are everything but married), 3) recognized same-sex marriage for state purposes but not federal ' —full faith and credit- married in one state, married in all states. ' ' - -1 a :' i-l a ;. -' .7 2a.! _ if” . W. #1 "1,1 A.“ 4, 5543,11” g. (mg be (weir-ad L)“,- gfl-plejoggira oggurg ((3 the some,» 5,?- i-w, rem/ran? .63) mtg: {3.2.1 . t .g ti Hit, :5 . g t ,. ,r , -7 $41»)? It’d: Silvers) rw nun... 1...! .215. :9 run: We swan}; limit” 5% ,g ¢L<"C“"\ “P ’Vl A “W" IV)? 5 i"! ”f ‘""'""‘+ if AC; If “‘4' f HELL” H57 5; Mm “ ' .3 | gins-r. Y‘Ftp: , l i" - -- .y t - N s _. ,3- : ' ‘ T-cr’wm at?) g»; m fiflh’w—g-‘ifif - Friar“ mat to jaw—w timers)? ,an W m"1’. £137” 9" ‘= W :51“ an: or. a.» ., ital, at". 55 guru-:1 , i‘i’lr'v‘flina. and, £01,} l’i-f ,1 Liege-x: (53 ‘-,-'-.\.,r_lugswi, / ...
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