PROPERTY
Main Issue Spotting Checklist
1.
Present Estates
2.
Future Interest Estates
3.
Concurrent Estates
4.
Landlord/Tenant
5.
Adverse Possession
6.
Easements/Licenses/Profits
7.
Covenants/Equitable Servitudes
8.
Security Interests In Real Estate
9.
Real Estate Sales Contracts
10.
Deeds
11.
Recording Act
12.
Fixtures
13.
Water Rights
14.
Zoning
PROPERTY
Inner Issue Spotting Checklist
1. Present Estates
Fee Simple
Life Estate
Defeasible Fees
Fee Tail
Dower
Curtsy
2. Future Interest Estates
Remainder Interest:
Vested
Contingent:
Destructibility of Contingent Remainders
Rule Against Perpetuities
Shelly’s Case
Merger
Worthier Title
Executory Interest:
Merger
Rule Against Perpetuities
Shelly’s Case
Worthier Title
3. Concurrent Estates
Joint Tenancy:
Right of Possession
Same Instrument
Same Title
Same Interest
Severance
Tenancy in Common
Tenancy by the Entirety
Tenant’s Rights and Obligations
2
Property
4. Landlord/Tenant
Creation of the Leasehold:
Tenancy for Years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
Duties of Tenant:
Pay Rent
Repair
Remedies
Waste: Not to commit
Affirmative
Ameliorative
Fixtures:
Common Law
Modern Law
Duties of Landlord:
Covenant of Quiet Use and Enjoyment
Covenant of Habitability
Duty to Deliver Possession
Duty to Repair
Duty not to Commit Retaliatory Eviction
Remedies
Tort Liability
Assignment vs. Sublease
5. Adverse Possession
Actual
Continuous
Tolling
Tacking
Title: Color of Title
Hostile
Open & Notorious
3
Property
6. Easement/License/Profit
Easement:
Type:
Affirmative
Negative
Creation:
Express
Implied
Prescription
Reservation by Deed
Necessity
Reservation by Grant
Scope
Termination:
Merger
Abandonment
Release
Improper Use
Adverse Use
Necessity
Estoppel
License:
Revocable
Irrevocable
Profit
7. Covenant/Equitable Servitude
Covenant:
Affirmative: Servient estate must do something for dominant estate
Negative:
Servient estate must refrain from doing an act
Must Be In Writing
Burden Run
Privity
Intent
Notice
Touch & Concern
4
Property
Transfer of the Estate
Benefit Run
Vertical Privity
Intent
Touch & Concern
Remedy
Equitable Servitude:
Burden Run
Touch & Concern
Intent
Notice
Does not have to be in writing
Benefit Run
Touch & Concern
Intent
Remedy
Doctrine of Implied Reciprocal Negative Easement
8. Security Interests In Real Estate
Type of Instrument
Foreclosure
Rights of Parties
9. Real Estate Sales Contract
Formation of the Contract
Marketable Title Defects Including Encumbrances
Remedies
Risk of Loss
10. Deeds
Validity of Execution:
Writing
Identity of Parties
Signed by Grantor
Operative Words of Conveyance
Adequate Description
Delivery & Intent
Merger
5
Property
Type of Deeds:
General Warranty:
Covenant of Seisen
Right against Encumbrances
Right to Convey
Further Assurances
Quite Use and Enjoyment
General Warranty
Special Warranty:
Quit Claim
Mortgages
11. Recording Act
Type of Statute:
Race
Notice
Race-Notice
If No Statute: Apply Common Law
Chain of Title:
Estoppel By Deed
Shelter’s Rule
Wild Deed
12. Fixtures
Real
Personal
13. Water Rights
14. Zoning
6
Property