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Real Property II - Coggle Diagram

- - - - continuous use by public in general, not individual member of a group
  - - - Yes (commercial)
        
        Divisiblility?
        
        Is it exclusive?
        
        No? NOT divisible
        
        Yes? Then, abide in the one stock rule
        
        Multiple people can benefit from a profit, can only use the profit as one owner might (ex. sandpile)
      - No (personal)
  - - - servient parcel cannot change w/o consent of dominant parcel
    - - servient can make reasonable changes, if the changes do not:
        
        significantly lessen utility
        
        increases burden on the owner
        
        frustrate purpose
- - - - horizontal privity
      - vertical privity
      - touch and concern
      - a writing
      - notice
    - - vertical privity (strict or relaxed)
      - touch and concern
      - intent to run
      - writing
  - - - touch and concern
      - intent to run
      - a writing
      - notice
    - - touch and concern
      - intent to run
      - a writing
  - - - property owner does not waive the right if they do not act on violations not affecting them
    - - covenants will not be enforced in places where the character is so changed as to make the covenant purpose impossible
  - - - developer made
      - declaration recorded
      - equally assess members
      - no opt-out
      - members get easements to facilities
- - - - nuisance is using your land in a way that impacts another's land
      - trespass is a physical intrusion
    - - legal injury for the interference with use and enjoyment of land
    - - nuisance affects the public
      - must have unique damage
    - - balance between damages v. injunction
      - coming to the nuisance
      - can get permanent damages
      - self-help
  - - - bulk
        
        practical difficulties
      - use
        
        unecessary hardship
      - height
    - - fixed geographical zones w/ different restrictions
      - municipal zoning isn't unconstitutional UNLESS
        
        unreasonable
        
        no substantial relation to public health, safety, moral, or general welfare
    - - Planning Commission
        
        comprehensive plan
      - legislative body
        
        makes overall decisions
      - board of adjustment
        
        hears variance applications
    - - nonconformity
        
        they were there first
        
        amortitization
        
        cannot expand, alter, or swap
      - variances
        
        permission for something outside the zoning requirements
        
        show hardship
      - special exceptions
        
        already contemplated in the zoning requirements
        
        asking for a permit to do the thing
      - zoning amendments
        
        spot zoning
        
        use of surrounding property
        
        changed conditions
        
        present use
        
        compatibility with comprehensive plan
        
        suitable for other uses
  - - - reduces value of property
      - caused by government regulation
    - - take a portion of the property
      - can be extremely minimal
    - - economic impact
      - investment backed expectations
      - character of government action
      - Addtionally: look at the parcel as a whole and it isn't a set formula
- - - - land description
      - grantor's signature
      - intent to transfer
      - Magic words
        
        conveys, grants, bargains, sells
      - identify grantor + grantee
    - - present intent to transfer (lets go of all control)
      - physical act
    - - True escrow
        
        cannot retain any amount of control or ability to revoke
        
        given to a 3rd party to hold
        
        valid and enforceable
        
        unless given as a gift
        
        relates back to the date it went into escrow
      - Death Escrow
        
        given to grantee upon the grantor's death
        
        problem with present intent
    - - general warranty deed
        
        warrants that buyer is liable for everything on the title
      - special warranty deed
        
        warrants that buyer is liable only for themselves
      - quitclaim deed
        
        bare legal title
    - - Present
        
        right-to-convey
        
        I can give it
        
        against encumbrances
        
        no one has an interest that impairs
        
        seisin
        
        I have it all
      - Future
        
        quiet enjoyment
        
        There is no superior interest
        
        general warranty
        
        I will protect
        
        further assurances
        
        I will perfect
      - Remedy
        
        full tract
        
        purchase price + interest
        
        purchase to perfect
        
        cost of purchase
        
        encumbrance
        
        cost to perfect
  - - - Exception: fraud and active concealment; duty to disclose defects if there is an implied warranty of workmanlike construction
        
        Fraud
        
        misrepresentation of fact
        
        known the representation is false
        
        intent to induce
        
        justified reliance on misrepresentation
        
        damages
        
        Constructive Fraud
        
        misrepresentation of material fact
        
        intent to induce
        
        justified reliance on misrepresentation
        
        damages
      - sellers do not have to disclose latent defects
    - - duty to disclose known latent defects that materially effect the property
        
        Actual knowledge NOT constructive
    - - Elements
        
        constructed for use as a home
        
        purchased by the builder (constructed for sale)
        
        time of sale, it was unreasonably built
        
        time of sale, no way for the buyer to know about the defect
        
        damages
  - - - Wild Deed
        
        unrecorded or misrecorded
        
        void
      - Late recorded deeds
        
        doesn't record until later
        
        half is void
      - After-acquired deed
        
        granted ownership w/out present possession
        
        1/3 void
    - - for the benefit of BFPs
        
        Race
        
        first recorded
        
        Notice
        
        no notice when recording
        
        "without notice"
        
        Race-Notice
        
        "first duly recorded"
        
        lack notice and record first
      - shelter rule
        
        sheltered by the BFP they purchased from
    - - no notice
      - pay value
      - no donee, heir, or beneficiary
    - - constructive: should have known
      - inquiry: should have checked and been put on notice
      - actual: you knew
    - - Covers
        
        title defects
        
        lack of access
        
        ownership problems
        
        unmarketable title
      - Doesn't cover
        
        buyer defects
        
        property defects
        
        unsearchable defects