Property Midterm Study Notes

After a life estate holder dies, the property returns to the original owner or their heirs.

Legal principle where someone can claim ownership of property after possessing it for a certain period.

Possessor's intent is typically not considered in establishing adverse possession.

Fifteen years of continuous, open use without permission can contribute to a claim of adverse possession.

Focuses on the actions the person took with the property, not their subjective intent.

A key element needed to establish adverse possession. The claimant must have sole possession.

Usually the timeframe for claiming adverse possession is 20 years.

A life estate measured by the life of another person's life, not the holder's.

A legal incapacity that prevents someone from asserting rights, including claiming adverse possession, such as minority, imprisonment, or mental incapacity.

Actual entry, exclusive possession of the property, the required statutory period and an open and notorious possession.

Right of entry allows for reclaiming property after a condition is broken, while adverse possession involves claiming ownership through continuous possession.

A person under the legal age of majority cannot legally enter into most contracts, and therefore can not assert adverse possession claims until adulthood.

Imprisonment is a legal disability that may prevent a person incarcerated from fulfilling the requirements of adverse possession.

Heirs may inherit property that has been adversely possessed, but their rights might be affected if the possession claim was not completed prior to inheritance.

A legal incapacity, such as minority, mental incapacity, or imprisonment, that affects a person's ability to engage in or claim rights.

To claim ownership of land, a possessor must occupy it for 18 years plus 2 additional years without the owner's permission. They might face challenges from the property owner.

The key difference is "actual entry and exclusive possession." A trespasser lacks the intention to claim ownership.

In Maine, you need to possess the property for 20 years to claim ownership using adverse possession.

Combining the time of using the property by different people to meet the required period for a claim.

A person openly using land for 15 years without permission might pursue legal action of adverse possession if all other required factors are satisfied.

The grantee receives property rights and may become an adverse possessor.

The belief that the possessor has that they are using the property as if they were the owner.

Claimant intends to occupy the property without permission.

The standard used to judge a claim of adverse possession focuses on the physical actions of the person claiming ownership, regardless of their subjective intent.

A grantor's right to reclaim ownership of a property when a specific condition set in the deed is violated.

Legal disabilities, like being a minor or having a mental disability, can prevent the statutory clock from running for adverse possession claims. This period can be 'tolled' or paused until the individual is no longer legally disabled.

The possessor's intentions are irrelevant in determining an adverse possession claim. What matters are the physical actions of open, hostile, and continuous possession.

If a deed includes a condition giving the owner a right of entry when the condition is violated, the owner must provide notice to the possessor and can reclaim the property without going through the full adverse possession process.

A person can claim ownership of property in California after possessing it openly, continuously, and exclusively for at least five years.

If a property has been adversely possessed for the statutory period and the original owner dies, the heirs may lose their claim to the property even if they inherit it.

The statutory period for adverse possession in Florida is seven years.

If someone with a documented mental incapacity has occupied a property for the statutory period, their claim may still be valid if they can prove they possessed it exclusively and actually despite their incapacity.

If a grantee has occupied a property for the statutory period, but has not paid property taxes, their claim for adverse possession may be invalid.

A type of estate where the grantor can reclaim the property if the grantee violates a specific restriction.

If a series of tenants occupy a property for a total of 15 years, with each having a privity of estate with the previous one, the claim for adverse possession may be successful due to tacking.

Circumstances that prevent someone from claiming adverse possession, such as imprisonment, minority, or mental incapacity.

If the property owner allows a neighbor to use their land for a long time, it weakens the neighbor's potential claim of adverse possession.

A legal rule preventing property control for an indefinite period through future interests.

The Rule Against Perpetuities applies to contingent remainders, executory interests, options, and rights of first refusal.

A will giving property to a grandchild when they turn 30 could violate RAP if the grandchild is not yet born and it's uncertain if the interest will vest within the allowed time.

The point at which a future interest in property becomes certain and legally enforceable.