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Real Property - Coggle Diagram

- - - - Shifting = automatically shifts the interest to a 3rd party upon the happening of a future event.
      - Springing = Provides the interest reverts to the grantor, but then springs to a 3rd party
- - - - subject to some condition subsequent, such that the remainderman could be divested after taking possession.
    - - Remainder's taking is contingent on the occurrence of some event or condition. i.e. "To A for life, then to B and his heirs when B gets married".
    - - Remainder vested in a described class of takers, at least one of whom is capable of taking possession i.e. "to A for life, remainder to children of B and their heirs"
    - - A remainder created in favor of unborn or unascertained persons. i.e. "To A for life, then to B's heirs", remainder is contingent on if B has heirs or not.
    - - Becomes possessory immediately upon termination of the prior estate. "to A for life, then to B"
- - - - Person who was the recognized owner was the one who gets to the courtjouse and recorded it first.
    - - A subsequent purchaser wins if they did not have notice of the prior ourchaser at the time of the subsequent purchaer's purchase.
    - - Purchaser 2 only wins if they did not have notice at the time of conveyance and they recorded before purchaser 1.
- - - - Servient Estate
        
        This is the burdened land or the land the owner of is burdened by the easement.
      - Dominant Estate
        
        Benefitted land or the owner of this land benefits from the easement
    - - Servient estate but no dominant estate. The right to use the land is held independent of any land ownership.
    - - Allows the holder of the easement to use the servient estate. Affirmative easements can be created in many ways.
    - - Prevent the owner of the servient estate from using the property in a certain way. Typically negative easements preserve the dominant estate's access to light, air, land, support.
    - - Created: 1. in a writing 2. Signed by the servient estate holder
        
        Satisfies deed formalities
        
        By Grant = when the owner of the dominant estate grants someone else an easement.
        
        By Reservation = when the grantor conveys land to another but reserves or retains the right to continued use of the land for a designated purpose. Grantor can only designate an easement for themselves.
    - - To obtain this, the use of another's land must be: 1. Continous for the statutory period 2. Open and notorious 3. Actual 4. Hostile 5. Does not need to be exclusive.
    - - Based on prior use by a common grantor on land subsequently divided into multiple plots by the common grantor. Requires: 1. Common grantor must have a certain use of the land that exists prior to the division of the single tract 2. common grantor's use of the land is continuous and apparent. 3. Use is reasonably necessary for the enjoyment of the dominant estate. 4. Parties intended that the use would continue after the divison of the land.
    - - Occurs where it is strictly necessary to use the easement to access the property.