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Property (Rights in Real Property (Easement (Creation (Writing,…

- - - - R to do something on land of another
    - - R to prevent from doing something (ex light, air, water, lateral and subjacent support
    - - Writing
      - Implication
      - Prescription
      - Estoppel
  - - - Equitable servitude - runs w/ land but seeks equitable relief
- - - - legal title and right to take
        poss, subj to condition subsequent
  - - - Truster gives deed of trustee to 3rd party
- - - - Possession - each j/t R to possess the whole
      - May transfer his interest inter vivos
      - May devise interest and can descend by intestacy
    - - Unity of time
      - Unity of title
      - Unity of interest
      - Unity of Possession
  - - - Term of years
      - Periodic
      - At will
      - Tenancy at Sufferance/Holdover Tenancy
      - Duties of tenant
        
        Pay rent
        
        Not commit waste
        
        Repair
        
        Other duties as contracted
      - Duties of Landlord
        
        Deliver legal right to possession of premises
        
        Water and heat
        
        Duties in lease document
        
        Quiet enjoyment
        
        Implied warranty of habitability
      - Assignment - tenant transfers to 3rd person all of his rights in the lease premises. Becomes privity of estate. Landlord may sue assignee.
  - - - Present possessory estates
      - Charitable trusts
      - Resulting Trusts
      - Fully vested interests at creation (ex. reversion interests and completely vested remainder
    - - Options to purchase land
      - Powers of appointment
      - Right of 1st refusal
      - Interest not fully vested at creation
        
        Remainders subject to open
        
        Contingent remainders
        
        Executory interest
- - - - Adverse possession
      - Defective execution of deed
      - Signification variation in description
    - - Mortgages
      - Liens
      - Easements
      - Covenants
    - - Recession
      - Money damages
      - specific performance
- - - - no title defects exist in chain of title
    - - non title defects during his ownerships
    - - no warrants
  - - - person who records 1st
    - - subsequent in time to another person claiming ownership; took property w/o notice
    - - 1st person to record & does not have notice of the sale
    - - provides protection for a subsequent purchaser who does not satisfy the applicable recording statute