Real Property Law: Summary and Exam Notes

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10d ago 22:28

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This discussion provides an overview of fundamental concepts in real property law. They explain different types of ownership interests, including fee simple estates, outlining the rights associated with owning land and attached structures. The texts also discuss how property interests are transferred, covering topics like deeds, mortgages as security interests, and recording statutes. Furthermore, they explore nonpossessory interests in property, such as easements, covenants, and servitudes, which affect how land can be used, alongside the government's power of eminent domain and the restrictions imposed by zoning laws. The sources highlight the legal doctrines and procedures surrounding these concepts.

TakeawaysNon-possessory rights include easements, profits, and covenants.

Easements allow use of another's land; profits allow resource extraction.

Covenants can be real or equitable, affecting enforcement options.

The Restatement Third of Property aims to unify property interests under servitudes.

Moral obligation to keep promises is a key reason for enforcing covenants.

Dead hand control concerns arise with perpetual restrictions.

Traditionally, courts favored enforcing easements over real covenants and equitable servitudes. The American Law Institute's Restatement (Third) of the Law of Property unified these concepts under the term "servitudes" to simplify and rationalize the law.

A prospective owner could purchase the property at its lower, encumbered market price and simultaneously negotiate and pay the holder of the servitude an amount to release it. This allows the purchaser to acquire the property free of the restriction.

The two essential conditions are that the property must be used for a "public purpose only," and the property owner must be "compensated at fair market value."

Inverse condemnation is an action initiated by a property owner when government regulation is so substantial that it effectively amounts to a taking, even without formal condemnation proceedings. Direct eminent domain is the government explicitly using its power to take private property.

The "bundle of rights" concept views property ownership not as a single right, but as multiple distinct rights that can be held separately. Key rights include the right to possess, use, exclude others, enjoy benefits, and transfer interests. (Any two of these are acceptable).

Fee simple is an estate of indefinite duration in real property that can be freely transferred. It is considered the most common and absolute type of estate, granting the owner the greatest discretion over the property's disposal.

An estate for years is a leasehold that endures for a fixed, predetermined period and ends automatically without notice. A periodic tenancy endures for successive intervals (e.g., month to month) until properly terminated by notice equal to the length of the period (or as prescribed by statute).

In most jurisdictions, a landlord has a duty to make reasonable efforts to re-let vacated premises if a tenant wrongfully abandons the lease. This duty is to reduce the landlord's losses and prevent them from allowing the property to remain empty while still suing for the full rent owed.

Adverse possession is a legal doctrine allowing a trespasser to acquire valid title to land by occupying it in a continuous, exclusive, open, notorious, and hostile manner for a statutory period. The public policy motivation is to reward productive land use, quiet title disputes, and resolve boundary issues, discouraging neglected property.

A grant deed is written proof that the property title is owned free and clear of claims or liens and promises that the property hasn't been sold to anyone else. A quitclaim deed transfers whatever interest the grantor has in the property, without making any warranties or guarantees about the title.

property law, non-possessory interests, easements, covenants, eminent domain, legal concepts, law students, property rights, zoning, land use

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Real Property Law: Summary and Exam Notes

Law School

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published 10d ago