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Property, Real Estate, Tenant, Adverse Possession, Current Interests,…
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Real Estate
Easements
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Affirmative/ Negative
Neg: Prevents. (Light, air, Support, Stream)
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Termination
etoppel, necessity, destruction, condemnation, release, abandon, merger, prescription)
Land Sale Contracts
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Deed
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an absolute deed, or an equitable mortgage occurs when a buyer delivers a deed to the mortgagee rather than sign a note or mortgage deed
mortgage deed us when, after the terms of the mortgage have been fulfilled, ownership is transferred back to the mortgagee.
Recording statutes
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Chain of title
Estoppel by Deed
One who conveys with no interest is estopped from denying the validity of that if he later acquires title that he had previously purported to transfer
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Shelter Rule
Transferee takes shelter, or steps into the shoes of their transferor.
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Equitable Servitude
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Creation: Writing, Intent, Touch/Concern, Notice
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Adverse Possession
Elements: CHONEA
Continuous, hostile, open, notorious, exclusive, actual
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Tacking
an AP'er may tack on his time with the land of his predecessor's time, so long as there is privity
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Landlord
Duties
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If LL assigns or sells to LL2, LL1 still remains liable. to covenants made in lease.
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Rights
Tenant breaches rent
evict or sue, no self help.
if T disappears, 3 options
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Leases
Terms
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Tenancy at Sufferance
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termination
eviction, or tenant elects to leave.
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RAP
Remedies
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Delete offensive language, distribute accordingly
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Applies to CR, Shift/Spring Exec Int, VRSOpen