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Property (Ownership of real property (landlord tenant (Assignment-…
Property
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rights in real property
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License- a privilege to do something on another's property, revocable at any time unless 1 substantial expenditure of funds on reliance 2 estoppel
covenant- promise, runs with the land, must touch and concern the land
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zoning- the state makes regulations using its police powers. Challenge- due process/equal protection, 1st amendment for billboards.
Taking- pre se- permanent occupation/denial of all economic value. regulatory taking- "goes too far" penn central test
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Titles
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types
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special warranty deed-grantor guarantees that deed has no defects that occurred during his period of ownership
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conveyance requires- intent, delivery, acceptance
recording
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shelter rule- the successor in interest to someone who took title under one of those statutes is also protected
real estate contracts
statute of frauds- description of property, parties, price, conditions.
marketable title- may not contain- defects in chain of title, encumbrances, encroachment. (note, zoning does not make title unmarketable but current violations of zoning laws do)
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remedies- expectation damages, consequential damages, reliance damages, retaining down payment, liquidated damages