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There are four distinct areas of Real Property law.

Pick the area the applies to the fact situation and apply the appropriate checklist. I. Land Acquisition: In issue whenever two or more people are claiming ownership of the same parcel. a. Adverse Possession i. Did the adverse possessor occupy the land in an open and notorious fashion? ii. Did the adverse possessor have the necessary hostile intent? iii. Was the adverse possessor on the land for the appropriate period? iv. Was the true owner under a disability at the time of the adverse possessors entry? v. Are there any problems with the scope of the possession or the rights of the parties? b. Land Sale Contract i. Pre-closing issues 1. Has a valid contract to sell land been formed? 2. If a loss to the property occurred after the contract was formed, who bears the risk of loss? 3. Are there any issues of marketable title? ii. Post-closing issues 1. What is the effect of the merger doctrine? 2. What type of deed was issued? 3. If a warranty deed was issued, is there a violation of a covenant of title? iii. Conveyancing 1. Was a valid deed issued? 2. Was the deed delivered to the grantee? 3. Did the grantor exhibit an intent to deliver? 4. What presumption regarding delivery should apply? a. If this was an escrow situation: b. Were there any conditions attached to the delivery c. What is the effect of the relation back doctrine? d. Does the estoppel theory apply? e. Does the common law presumption (first in time is first in right) apply? iv. Recording act 1. What type of recording act is involved? 2. Is the claimant protected by the recording act? 3. Is the transaction covered by the recording act? 4. Can the subsequent claimant satisfy the requirements of the recording act? v. Security Interests 1. What type of security interest is involved? 2. What are the rights and priorities of the parties? 3. What is the effect of any transfer of interest? Land Use: In issue whenever a party is claiming the right to use anothers land or dictate how the land is to be used. a. Easements

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i. Creation 1. Was an easement created expressly? 2. Was an easement created by implication? 3. Was there an easement by implied grant or reservation? 4. Was there an easement created by necessity? 5. Was an easement created by prescription? ii. Scope 1. Is the easement appurtenant? 2. Is the easement in gross? 3. Are there any limitations on the use of the easement? 4. Are there any limitations of what the owner of the servient estate can do with the land? iii. Termination 1. Was there a merger of the dominant and servient estates? 2. Was there a severance of the easement from the dominant estate? 3. Did the easement holder abandon the easement? 4. Was there a destruction of the servient estate? 5. Was there a sale of the servient estate to a bona fide purchaser? 6. Has the easement been terminated by the actions of the owner of the servient estate? Profits: i. Definition ii. How does a profit differ from an easement? Licenses: i. Definition ii. How does a license differ from an easement? iii. Is the license revocable or irrevocable? Covenants i. Does the restriction touch and concern the dominant and servient estates? ii. Does the restriction burden the servient estate? iii. Does the restriction benefit the dominant estate? iv. Is the covenant intended to run with the land?* 1. Have the current land owners taken their estates with notice of the restriction? 2. Does privity exist? a. Is there horizontal privity? b. Is there vertical privity? v. What is the remedy available for breach of the covenant? Equitable Servitude i. Does the restriction touch and concern the dominant and servient estates? ii. Does the restriction burden the servient estate? iii. Does the restriction benefit the dominant estate? iv. Is the restriction intended to run with the land? * v. Have the current land owners taken their estates with notice of the restriction? vi. What is the remedy available for breach of the equitable servitude? Implied Reciprocal Servitude i. Was the restriction part of a common scheme or plan?

ii. Did the current owner of the servient estate take with notice of the restriction? III. Landlord-Tenant: Issue involves rights and responsibilities from a property relationship between a landlord and tenant. a. What type of tenancy is involved? i. Is this a tenancy for years? ii. Is this a periodic tenancy? iii. Is this a tenancy by will? iv. Is this a tenancy at sufferance? b. Does the tenant owe rent? i. How much rent is owed? ii. Does the tenant have any defenses to the payment of rent? 1. Did the landlord fail to deliver possession? 2. Was the tenant evicted from the premises? 3. Was there a surrender of the premises? 4. Were the premises destroyed? 5. Are there any applicable warranties or contract defenses? iii. Is there a problem with the condition of the premises? 1. Is there a duty to repair the premises? 2. Has the tenant committed waste? a. SEE LANDLORD TENANT DETAILS iv. Is the landlord seeking to retake possession from the tenant? 1. Can the landlord use force to retake premises? 2. Has the landlord followed statutory requirements to retake the premises? 3. Has the tenant improved the premises? a. Can the tenant remove the improvements upon leaving the premises? b. Does the trade fixtures doctrine apply? v. Has either the landlord or tenant transferred their interests in the premises? 1. Transfer by landlord: Who is entitled to rent due? 2. Transfer by tenant. a. Is the transferee in privity with the landlord? b. Is the transferee an assignee? c. Is the transferee a sub-lessee? d. Is there a prohibition on transfers contained in the lease? Estates & Future Interests: Issue is present possessory (present interest) interest in land or possessory in the future (future interest). a. A. Present possessory estates. i. Was the grantee given a fee estate? 1. Was it a fee simple absolute? 2. Was it a fee simple defeasible? 3. Was it a fee simple determinable? 4. Was it a fee simple on condition subsequent? 5. Was it a fee simple subject to an executory limitation? 6. Was it a fee tail? ii. Was the grantee given a life estate? 1. Who is the measuring life?

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2. Is the life estate defeasible? iii. Was the grantee given a limited term estate? b. Future estates. i. Was the future interest initially created in the grantor? 1. Was it a possibility of reverter? 2. Was it the right of entry/power of termination? ii. Was it a reversion? 1. Are there any restrictions on the transferability of such an interest? iii. Was the future interest initially created in the grantee? 1. Was it an executory interest? iv. Was it a remainder? 1. Was it a vested remainder? a. Was it absolutely vested? b. Was it subject to a condition subsequent? c. Was it subject to open? 2. Was it a contingent remainder? a. Special rules. i. Has the grantee committed waste? ii. Is there a valid restraint on alienation? iii. Does the rule against perpetuities apply? 1. Is the interest covered by the rule? 2. Is there an exception? c. Concurrent estates. i. Was a concurrent estate properly created? 1. Was a joint tenancy created? 2. Was a tenancy in common properly created? 3. Was a tenancy by the entireties properly created? a. If possible, has the interest been severed? ii. What are the rights and duties of the cotenants? 1. Is there a right to possession of the estate? 2. Is there a right to share in profits produced by the estate? 3. Who is liable for the expenses of operating the estate? 4. Is there an obligation to pay for improvements to the estate?

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