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Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf | |
PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL/STRAHILEVITZ NINTH EDITION Calvin Massey Late Professor of Law University of California Hastings College of the Law Donald J. Kochan Parker S. Kennedy Professor in Law and Associate Dean for Research & Faculty Development Chapman University Dale E. Fowler School of La... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Copyright © 2019 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory U. S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. ( www. WKLegaledu. com ) No part of this publication may be reproduced or transmitted in any form or by any me... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
About Wolters Kluwer Legal & Regulatory U. S. Wolters Kluwer Legal & Regulatory U. S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
For my mother, Sandra, and in loving memory of my father, Joseph D. J. K. For Ellen C. R. M 5 | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
NOTE This book includes analyses of the facts and holdings of nearly all of the cases treated as principal cases in Dukeminier/Krier/Alexander/Schill/Strahilevitz, Property, Ninth Edition, 2018. The analysis of each Dukeminier/Krier/Alexander/Schill/Strahilevitz case is preceded by a ★ symbol. 6 | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Summary of Contents Table of Contents Acknowledgments Preface Casebook Correlation Chart Capsule Summary 1. Conceptual Basics — Property Theory, The Meaning of Possession, and First In Time (Including Acquisition by Discovery and Capture) 2. Acquisition of Property by Subsequent Possession: Find, Adverse Possession, Gi... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
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Table of Contents Acknowledgments Preface Casebook Correlation Chart Capsule Summary C HAPTER 1 CONCEPTUAL BASICS — PROPERTY THEORY, THE MEANING OF POSSESSION, AND FIRST IN TIME (INCLUDING ACQUISITION BY DISCOVERY AND CAPTURE) I. What Is Property? A. Introduction B. Theory 1. Locke's Labor Theory 2. Other Natural Law T... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
CAPTURE) C HAPTER 2 ACQUISITION OF PROPERTY BY SUSEQUENT POSSESSION: FIND, ADVERSE POSSESSION, GIFT, AND BAILMENT I. Acquisition by Find: Finders Keepers? A. Abandoned Property — General Rule B. Lost and Mislaid Property — General Rule 1. Prior Finders 2. Finder vs. Landowner 3. Equitable Division 4. Statutory Modifica... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
H. Alternatives to Adverse Possession in Boundary Disputes 1. Agreed Boundaries 2. Acquiescence 3. Equitable Estoppel III. Accession A. General rules B. Mistaken improver of real property IV. Acquisition of Personal Property A. Introduction B. Bailments 1. Bailors, Bailees, and Third Parties 2. Duty of Care and Obligat... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
II. The Public Domain A. The Public Trust Doctrine B. Copyright's Public Domain C. Trademark Law's Public Domain III. What Ownership Entails: The Right to Exclude, Alienate, Abandon, and Destroy A. The Right to Exclude and its Limits B. The Right to Transfer, and Restraints on Alienation C. The Right to Retain D. The R... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
1. Fee Tail and Disentailing Conveyance 2. Statutory Conversion to Fee Simple Absolute 3. Statutory Conversion to Fee Simple Subject to Executory Limitation 4. Life Estate and Remainder in Life Tenant's Issue 5. Fee Simple Conditional Created 6. A Modern Equivalent of the Fee Tail IV. Life Estates A. The Nature of a Li... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Accrual of a Cause of Action for Recovery of Possession 3. Effect Under the Rule Against Perpetuities 4. Mahrenholz: An Illustration E. Some Problems with Defeasible Fees 1. Invalid Restraint on Alienation? 2. Defeasible Fee or Servitude? 3. Valuation of the Defeasible Fee and the Associated Future Interest F. Fee S... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Termination 3. Effect of Abolition of Determinable Estates III. Future Interests Created in Grantees A. Remainders 1. Definition 2. Nature of the Estate Held in Remainder 3. Classification of Remainders B. Executory Interests 1. A Note on History 2. Springing Executory Interests 3. Shifting Executory Interests IV. T... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
3. Distinguished from Shelley's Case 4. Criticisms of Worthier Title E. The Rule Against Perpetuities 1. Brief Summary of the Rule 2. Vesting 3. Measuring or Validating Lives 4. The Curious Problem of Defeasible Fees 5. Classic Traps for the Unwary 6. Applicability of the Rule Against Perpetuities to Commercial Transac... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
E. Partnerships and Coparceny 1. Nature of Partnership Tenancy 2. Nature of Coparceny II. Rights and Obligations of Concurrent Owners A. Introduction B. Partition 1. Partition in Kind 2. Partition by Sale. 3. Agreement Not to Partition C. Rents, Profits, and Possession 1. Exclusive Possession by One Co-Owner 2. Rents f... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
1. Origins and Concept 2. Definition of Community Property 3. Management of Community Property 4. Rights Upon Divorce 5. Rights Upon Death 6. Creditors' Rights E. Rights of Domestic Partners and the “Right to Marry” 1. Common Law Marriage. 2. Contracts 3. Obergefell and the Constitutional Right to Marry IV. Condominium... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
C. The General Requirement of a Written Lease D. What Makes It a Lease? II. The Types of Leaseholds A. Introduction B. Term of Years 1. Indeterminate Term 2. Length of the Term 3. Notice C. Periodic Tenancy 1. Notice Necessary to Terminate a Periodic Tenancy 2. Fixing the Period of Periodic Tenancies Created by Operati... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
3. Assignor Tenant Liability 4. Multiple Assignments C. Subleases 1. Tenant Default Under the Principal Lease D. Distinguishing an Assignment from a Sublease 1. Parties' Intentions — Labels. 2. Parties' Intentions — Substance of the Transfer 3. Pitfalls of Error in Parties' Expectations E. Lease Provisions Restricting ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
6. Frustration of Intended Purpose VI. Landlord's Remedies A. Introduction B. Remedies Typically Derived from Lease Provisions 1. Rent Acceleration 2. Security Deposits 3. Liquidated Damages 4. Confession of Judgment C. Remedies Derived from Statute and Common Law 1. Eviction 2. Tenant Abandonment 3. Seizure of the Ten... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
6. Statutory or Judicially Created Duty of Landlord to Repair 7. Strict Liability 8. No Special Rules for Landlords 9. Exculpatory Clauses VIII. Fixtures A. Introduction B. Fixtures 1. Trade Fixtures C. Attached Chattels, but Not Fixtures IX. Social Regulations of Leaseholds A. Introduction B. Rent Control 1. Criticism... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
3. Conditions and Contingencies 4. Electronic Transactions 5. Exceptions to the Statute of Frauds 6. Revocation of Contracts C. Implied Obligations 1. Good Faith 2. Time of Closing 3. Marketable Title D. Default and Remedies 1. Specific Performance. 2. Rescission 3. Damages E. Duties of Disclosure and Implied Warrantie... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
3. Delivery Subject to Oral Condition 4. Commercial Escrows 5. Delivery by Estoppel III. Financing Devices: Mortgages, Deeds of Trust, and Installment Contracts A. Mortgages 1. The Mortgage Transaction 2. Title or Lien? 3. Sale or Transfer by the Mortgagor 4. Default by Mortgagor B. Deeds of Trust 1. How It Works 2. Di... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
1. The Consequences of Not Recording. F. When Is an Instrument Recorded? 1. Instrument Not Indexed 2. “Omnibus” or “Mother Hubbard” Clauses 3. Misspelled Names 4. Ineligible Instrument G. Scope of Protection Afforded by Recording Acts 1. Invalid Conveyance 2. Interests in Land Created by Operation of Law 3. Bona Fide P... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
IV. Title Insurance A. Introduction B. Coverage 1. Duty to Disclose Defects in Title 2. Marketable Title and Encumbrances 3. Exclusions 4. Measure of Damages Exam Tips on TITLE ASSURANCE C HAPTER 10 JUDICIAL LAND USE CONTROLS: NUISANCE AND SUPPORT I. The Substance of Nuisance A. The General Principle B. Private Nuisanc... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Structures C. Subjacent Support Exam Tips on JUDICIAL LAND USE CONTROLS: NUISANCE AND SUPPORT C HAPTER 11 PRIVATE LAND USE CONTROLS: THE LAW OF SERVITUDES I. Introduction A. The Concept B. Easements C. Covenants Running with the Land 1. Real Covenants — Enforceable at Law 2. Equitable Servitudes — Enforceable in Equ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
E. Termination of Easements 1. Expiration 2. Merger 3. Actions of the Easement Holder 4. Cessation of Purpose 5. Actions of the Servient Estate Holder 6. Actions by Third Parties 7. Changed Circumstances in the Surrounding Area III. Real Covenants A. Introduction 1. Real Covenants Defined 2. Benefit and Burden 3. “Runs... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
4. Benefit in Gross 5. Burden in Gross IV. Equitable Servitudes A. Introduction 1. Differences Between Real Covenants and Equitable Servitudes 2. Origins of the Equitable Servitude B. Creation 1. By Implication from a Common Development Scheme 2. No Implied Covenants C. Enforceability by or Against Successors 1. Intent... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
1. Changed Conditions Within the Affected Area 2. Changed Conditions in the Surrounding Area 3. Abandonment 4. Equitable Estoppel 5. Laches 6. Unclean Hands 7. Balance of Hardships G. Affirmative Covenants to Pay Money — Perpetual Burden? VII. Common Interest Communities A. Introduction B. Covenants Recorded in the Mas... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
A. Introduction B. Nonconforming Uses 1. Forced Phase-Out 2. No Expansion 3. Destruction or Abandonment C. Administrative Discretion: Variances, Exceptions, Amendments, Spot Zoning, and More 1. Variances 2. Exceptional Uses 3. Zoning Amendments and Spot Zoning 4. Floating Zones 5. Conditional Zoning 6. Cluster Zoning I... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Takings Permitted Only for Public Benefit E. The Principal Issues Under the Takings Clause 1. Public Use 2. Is There a Taking? 3. Just Compensation F. Constitutionally Noncontroversial Takings II. The Public Use Requirement A. Constitutional Text 1. No Takings Except for “Public Use” 2. The Meaning of “Public Use”. ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
6. William Fischel Exam Tips on TAKINGS: THE POWER OF EMINENT DOMAIN AND REGULATORY TAKINGS Essay Exam Questions Essay Exam Answers Multiple-Choice Questions Answers to Multiple-Choice Questions Discussion Questions Table of Cases Subject Matter Index 33 | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Acknowledgements (Ninth Edition) I am very grateful to have the opportunity to work on this important guide to understanding the law of property. First and foremost, I am indebted to Professor Calvin Massey for producing an extraordinarily detailed base of material in earlier editions upon which this Ninth Edition (and... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
special thanks go to the late Jesse Dukeminier and to James Krier, who created the original splendid Property casebook, as well as to their current additional co-authors, Gregory Alexander and Michael Schill. It's a great pleasure to write a student outline and study aid for such a well-crafted book. — Calvin Massey 35 | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Preface Thank you for choosing this outline to help you understand Property. In writing this book, we have tried to teach on paper. Recognizing that people learn in different ways, we offer some suggestions about the various ways you might use this book. You could read the portions of this book that are relevant to you... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
This book has a number of tools to help you. The Casebook Correlation Chart connects the relevant pages of this book with the same topics in the Ninth Edition of Dukeminier, Krier, Alexander, Schill, and Strahilevitz. The Capsule Summary condenses the essence of this outline into a very concise format that may serve to... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Casebook Correlation Chart 38 | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Capsule Summary This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the outline, which explains all of these matters in more detail and articulates some of the complicated applications of and choices between the rules. Numbers in brackets ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
4. Externalities : Both negative externalities and positive externalities can emerge in the use of one's property. When costs are imposed on another without consequence, there are negative externalities — one uses her property, reaps all the reward by internalizing the benefits or profit of the behavior yet he has no r... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Capture : Unowned property that is captured (e. g., wild animals or fugitive minerals such as oil and gas) becomes the property of the person effecting the capture. The unowned thing must actually be possessed for it to become property. The niceties of what constitutes actual possession of any given type of unowned ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
has effectively acquired title. [19-29] A. Rationales for adverse possession : There are three policy rationales for adverse possession. [19] 1. Sleeping theory : If the true owner doesn't care enough to protect his interest in possession, he deserves to lose title. 2. Earning theory : An adverse possessor who takes po... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
usually not necessary to establish adverse possession (although some states require it), but an adverse possessor who enters under color of title is deemed to possess all the property described in the deed so long as it is physically contiguous and owned by the person against whom the actual entry was made. [23] D. Whe... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
2. Rights and obligations of bailee : A bailee has a better right to the property than any third party other than the bailor. Bailees must exercise ordinary care — they are liable for negligence — but older cases hold that a bailee must exercise utmost care over property entrusted for the bailee's benefit, ordinary car... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
was popular when POD accounts were generally void because the gift to the depositor as trustee was completed during life and thus valid. d. Joint tenancy : Two or more people may own a bank account as joint tenants, which creates a right of survivorship, but the joint tenants have equal right to the funds during life, ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
rights are defined by statute, not under common law doctrines. [37] 4. Intellectual property and labor theory : Intellectual property is often justified as creation and therefore the product of one's labor due the types of protections justified under John Locke's labor theory of property. [37-38] 5. Copyright law : Cop... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
infringers. [40] b. Patents currently last for 20 years from the date of application. [40] c. Patents will be awarded when an applicant meets five requirements: (1) patentability (identifying the scope of patentable subject matter and limiting it to a “process, machine, manufacture, or any composition of matter”); (2) ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
B. Copyright's public domain : Intellectual property law creates a public domain first by identifying those things not entitled to protection, i. e., that are open to everyone. The courts substantially defer to Congress on the issue of determining what is and what is not a rational exercise of Congress' specifically as... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
An owner of land owns an estate in land, not the land itself. Our notions of estates are heavily influenced by their English feudal origins. A possessory estate is the right to possess the land now, as opposed to a future interest, which is a present right to possess the land at some time in the future. Possessory esta... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
fee tail into a fee simple, and convert any remainder following the purported fee tail into an executory interest that lapses if the first taker of the fee simple dies without surviving issue, thus leaving the first taker's estate with a fee simple absolute, but if the first taker dies without surviving issue, the exec... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
permissive or involuntary waste has occurred. [63] 3. Ameliorative waste : When the life tenant acts affirmatively to change the principal use of the land, and thereby increases the value of the land, ameliorative waste has occurred. Ameliorative waste is actionable only when it is clear that (1) the grantor intended f... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
all, states. [66-68] C. Some consequences of classification of defeasible fees : The type of defeasible fee created may have some significant consequences. [69-70] 1. Transferability of the interest retained by the grantor : At common law, neither a possibility of reverter nor power of termination could be alienated or... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
of the duration of the possessory estate is possible. Also, the defeasible fee may not be independently marketable, making valuation of it pure guesswork. [72] E. Fee simple subject to executory limitation : A grantor may transfer an executory interest to a transferee allowing that transferee to divest the grantor at t... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
FUTURE INTERESTS I. INTRODUCTION A future interest is a legal interest in property that entitles its holder to possession at some time in the future. While the holder of a future interest does not have any right to possession now, a future interest is a presently existing property interest to a future right to possessi... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
estate. In these states, attempts to create a determinable possessory estate will result in a possessory estate subject to a condition subsequent. The possibility of reverter that would otherwise result is turned into a right of entry, also called a power of termination. C. Power of termination or right of entry : A ri... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
unascertainable person or that has a condition precedent to ultimate possession. The natural expiration of the preceding estate is not a condition precedent. The condition must be expressed. Sometimes the same condition precedent can be used in the alternative (e. g., “to Jane if she marries, but if she never marries, ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Perpetuities. It is virtually extinct today. [96] 1. The rule : If (1) one instrument (2) creates a freehold in real property and (3) a remainder in the freeholder's heirs (or the heirs of his body), and (4) the freehold estate and the remainder are both equitable or both legal, then (5) the remainder becomes a remaind... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
b. Permitted period of uncertainty : An interest is good under the rule if it will certainly vest or certainly fail to vest within (1) 21 years from its creation, or (2) during the life of some person alive at its creation, or (3) upon the death of some person alive at its creation, or (4) within 21 years after the dea... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
b. Destruction of possibilities of reverter and rights of entry : Some American states continue to regard the grantor's retained interest (whether a possibility of reverter or right of entry) as vested but destroy it by a statute, independent of the rule, that voids possibilities of reverter or rights of entry some spe... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
years, an interest is not vested, it is reformed to vest within the 90-year period of USRAP. c. Restatement (Third), Property 's two generations approach : Adopted by the ALI, but really a proposal rather than a restatement, this approach would focus on redefining the meaning of measuring lives and create judicial disc... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
dies with him. [113-121] 1. The four unities of joint tenancy : At common law, the interests of joint tenants must be equal in every respect. To create a joint tenancy at common law, four unities must be present: (1) time, (2) title, (3) interest, and (4) possession. [114] a. Time : Each joint tenant must acquire his i... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
c. Lease : Contrary to common law, which viewed leases as a severing conveyance, most jurisdictions today hold that a lease by one joint tenant does not sever the joint tenancy. A corollary to that conclusion is that a lease from one joint tenant endures no longer than the life of the lessor joint tenant, even if the l... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
b. Neither spouse may alienate : The effect of this view is that the creditors of either spouse may not seize the possessory or survivorship interests of the debtor spouse. c. Variations on the theme : A few states permit the creditors of either spouse to seize the survivorship right of the debtor spouse but not the po... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
possession has the following obligations to owners not in possession. [127] a. Rental value of exclusive possession : Most jurisdictions hold that the owner in possession has no obligation to pay rent unless (1) the other owners have been ousted, or (2) the owner in possession has a special duty to the other owners, or... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
marry and to have the property rules regarding marriage apply equally to them once married. In 2015, the U. S. Supreme Court held in Obergefell v. Hodges, 134 S. Ct. 2584, 2604-2605 (2015), that states may not exclude same-sex couples from the benefits of marriage. B. The common law system : The pure common law system ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Spanish colonization of portions of America. The fundamental idea is that a marriage is a partnership of equals, and that the property acquired during marriage by the efforts of either spouse belongs to that marital community. Each spouse has an equal claim to the assets of the marital community. The Uniform Marital Pr... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
lived together as husband and wife, even though they were not ceremonially married. Most states have abandoned common law marriage. [140] 2. Contracts : Unmarried cohabitants may create express contracts to govern their property upon death or termination of the cohabitation. These agreements are generally enforceable, ... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
Unlike analogous interests, such as a license or an easement, a lessee has all of the rights of possession that the fee owner has. A lessee may recover for invasion of his possession through ejectment, trespass, or nuisance. [145] II. THE TYPES OF LEASEHOLDS A. Term of years : A lease for a single, fixed term of any le... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
evicted by somebody with a better title to the premises than the landlord. The tenant can waive this right, either explicitly or by taking possession with knowledge of a paramount title. [153-154] B. Obligation to deliver actual possession? The English rule (adopted by most American states) imposes on landlords the obl... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
but just about any duty can be imposed by the lease and all terms in the written lease must be examined closely. A. Pay the rent : This used to be an independent obligation, which meant that the tenant had to pay rent, no matter what the landlord failed to do. Most American states today treat this obligation as depende... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
hardship would result from (2) a third party's unforeseeable action that (3) makes the mutually intended purpose (4) virtually impossible to accomplish. [168] VI. LANDLORD'S REMEDIES A. Remedies typically derived from lease provisions : Landlords create many of their remedies in the lease. Some important ones follow. [... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
residential leases. [172] 3. Seizure of the tenant's personal property : Common law permitted landlords to seize and hold the tenant's personal property until the tenant cured his default. This right, called distraint, is substantially limited by statute today. [174] VII. LANDLORD'S OBLIGATIONS AND TENANT'S REMEDIES Th... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
between the warranted value and actual “as is” value, (2) the difference between stated rent and actual “as is” value, or (3) a reduction in stated rent equal to the proportion by which warranted value has been reduced. e. Stay and defend : The tenant can stay and prove the uninhabitable condition as a complete defense... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
8. Exculpatory clauses : These clauses, which purport to relieve the landlord of tort liability he might otherwise have, are generally valid, but some courts refuse to enforce them in residential leases. [184] VIII. FIXTURES Fixtures (personal property permanently attached to the premises) belong to the landlord, but t... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
accordance with the parties' instructions. [191] B. Statute of Frauds : The Statute of Frauds requires that a contract for sale of real property be in writing and signed by the party against whom it is sought to be enforced. In practice, this means that both parties must sign. A formal contract is not necessary, so lon... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
contract. Zoning restrictions are not encumbrances, but property in violation of existing zoning laws at the time of the contract of sale renders title unmarketable for purposes of an action for specific performance of the contract. D. Default and remedies : Default occurs when one party has tendered timely performance... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
b. Application to risk of loss of the property : The traditional and still widely prevailing rule is that equitable title places on the buyer the risk of loss prior to closing. English law gave the seller the proceeds of any insurance, on the theory that rights under an insurance contract were personal. Most American s... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
5. Breach of covenants of title : The covenants of title are either present covenants or future covenants. A present covenant — seisin, right to convey, and encumbrances — is breached, if at all, at the moment the deed is delivered. A future covenant — general warranty, quiet enjoyment, and further assurances — is brea... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
from denying delivery where the deed is either (1) entrusted to a deceitful grantee who uses it to transfer title to an innocent third party, or (2) entrusted to an escrow agent who negligently gives it to the grantee. [215] III. FINANCING DEVICES: MORTGAGES, DEEDS OF TRUST, AND INSTALLMENT CONTRACTS A. Mortgages : A m... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
sale in a commercially reasonable manner, such that reasonable efforts are made to realize a fair price. [218] B. Deeds of trust : Some states use a deed of trust instead of a mortgage. The borrower conveys the property to a third party as trustee for the lender, for the limited purpose of securing repayment of the loa... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
adequate root of title is found. Then the searcher looks forward in time through an alphabetical index of grantors to determine whether there were any title transactions made by each owner other than the grant to the next owner. If a tract index is maintained, all of the title-related information for a single parcel is... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
defect is apparent on the face of the instrument, most states treat it as not recorded, and it does not give constructive notice. If the defect is hidden, most, but not all, states treat it as providing constructive notice. [232] E. Scope of protection afforded by recording acts : The protection provided by recording a... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
iii. After-acquired title : Most states say that an instrument made and recorded before the grantor acquires title is inadequate to impart constructive notice, even if the grantor later acquires title. A few hold to the opposite view, thus expanding the concept of the chain of title. iv. Deed recorded after grantor has... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
easements, are noted as “memorials” on the registered title. The only way thereafter to acquire title is to obtain a new registered title by cancellation of the old certificate and issuance of a new one in the new owner's name. However, registered-title acts often exempt some claims of title from this rule, thus dimini... | Donald J Kochan_ Calvin R Massey - Emanuel Law Outlines for Property Keyed to Dukeminier Krier Alexander Schill Strahilevitz-Aspen Publishers 2018.pdf |
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