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Real Property - Coggle Diagram

- - - - affirmative - gives the holder the right to prevent a landowner from doing something on th eland
      - negative easements - light, air, water, and lateral and subjacent support
        
        writing is always required
    - - appurtenant - required a dominant and servant tenement
      - in gross - is personal in nature, resulting in a servant but not a dominant estate.
    - - statute of frauds applies to a writing
    - - end of a time period
      - when the holder of the dominant estate releases his interest to the holder of the servient estate
      - when the dominant and servient estates come into common ownership
      - abandonment
      - by prescription
      - when a governmental body acquired the servient estate through an exercise of the eminent domain power
- - - - defects in the chain of title, such as adverse possession, defective execution of a deed, or significant variation of the description of the land
      - encumbrances such as mortgages, lien, easements, leases, and covenants
      - encroachment of your improvements onto another's land, or encroachment of another onto your land.
      - zoning and other land use restrictions do not render title unmarketable unless a zoning violation exists.
- - - - Duty to not adversely affect the future interest (waste):
        
        duty to repair and maintain
        
        duty to pay mortgage interest
        
        duty to pay all ordinary taxes
        
        duty to pay the full cost of special assessments if the life of the public improvement is less than the duration of the line tenant's estate. Equitable apportionment is applied to improvements likely to last longer.
  - - - each co-tenant owns an undivided interest in the whole with no right of survivorship. presumed orem of co-ownership.
      - Possession: unity of possession - each joint tenant has the right to possess the whole.
      - Transfer: co-tenant may transfer his interest inter vivos
      - Divisibility: co-tenant may devise his interest and the interest can depend by intestacy.
    - - each co-tenent owns an undivided interest in the whole and has a right of survivorship.
      - for unities required:
        
        unity of time
        
        unity of title
        
        unity of interest
        
        unity of possession
      - right of survivorship
    - - reserved for married couples. presumed in some states if conveyance to a married couple. gives each spouse an undivided interest in the whole and ROS
  - - - term of years
      - periodic
      - at will
      - tenancy at sufferance/holdover tenancy
    - - pay rent
      - not commit waste
      - repair
      - other duties as contracted
    - - deliver legal right to possession of premises
      - water and heat
      - quiet enjoyment
      - implied warranty of habitability
  - - - interest not subject to RAP
        
        Present possessory estates
        
        Charitable trusts
        
        resulting trusts
        
        fully vested interests at creation, such as reversionary interests and completely vested remainders
      - Interest subject to RAP
        
        options to purchase land
        
        powers of appointment
        
        rights of first refusal
        
        interest not fully vested at creation, such as:
        
        remainder subject to open
        
        contingent remainders
        
        executory interest
- - - - covenant of seisin
      - covenant of right to convey
      - covenant against encumbrances
      - further covenants
  - - - person who records first wins
    - - the claimant took subsequent in time to another person claiming ownership
      - the claimant was a bona fide purchaser for value
      - the claimant took the property without actual, constructive, or inquiry notice
    - - requirements from both are needed
- - - - title theory
      - lien theory
      - intermediate theory