The general presumption is that the
rights you acquire in an estate extend
from the center of the earth to the heav-
ens above. However, the owner may hold Bundle of Rights
that entire bundle or not. One can only
convey the quantity and quality of inter-
est they have.
Real property Real property is fixed and immovable
Personal Property Personal property is consumable
an estate in land that provides the owner
Fee Simple Absolute with a complete set of legal rights, limited
only by the powers of government
an estate that can inherited or divested
Fee
by will or other document
not fee tail (a fee tail estate must be
Simple
inherited by a specific person)
no limitations on time, estate can contin-
Absolute
ue forever
a future event must be met for the estate
Defeasible fee simple estate to continue. There are conditions on the
estate
Ownership, possession and control for
Life Estates
someone's lifetime
Measured life is other than that of the
holder:
Estate per Autrie Vie
"to Jones for the life of Brown and then to
Smith in fee simple"
an interest that one may have in the lands
Easements
of another
Allows the dominant estate (the one the
easement benefits) to do some physical
Affirmative Easements
act over the servient estate (where the
easement is located).
, the dominant estate can prevent the
Negative Easements servient estate from doing something
e.g. scenic views
"run with the land" and are not terminat-
Appurtenant Easements ed by the sale of either the servient or
dominant tenement
Easements in Gross attaches to a person
If a person's actions led someone to be-
Easements by estoppel lieve they had an easement they would
be estopped from denting the use
Similar to adverse possession. The use
is
1. Adverse use without permission
2. Open and notorious Prescriptive Easements
3. Continuous
4. For a specific purpose
5. Lasts for the statutory period
is an agreement between entities to re-
Covenant strict use. Usually within the same subdi-
vision or complex
Areas that use: Chicago, Mass and Minn.
Torrens Title System The owner of the title is registered
through the land court.Title cannot be
acquired through prescription.
1. Actual possession
2. Open Possession
2a. Notorious Possession
4. Claim of title Elements of Adverse Rights
5. Continuous Possession
6. Hostile Possession
7. Exclusive Possession
That which appears to be good title but
Color of Title
which is not title in fact.
Feoffment requires delivery of possession.
rights you acquire in an estate extend
from the center of the earth to the heav-
ens above. However, the owner may hold Bundle of Rights
that entire bundle or not. One can only
convey the quantity and quality of inter-
est they have.
Real property Real property is fixed and immovable
Personal Property Personal property is consumable
an estate in land that provides the owner
Fee Simple Absolute with a complete set of legal rights, limited
only by the powers of government
an estate that can inherited or divested
Fee
by will or other document
not fee tail (a fee tail estate must be
Simple
inherited by a specific person)
no limitations on time, estate can contin-
Absolute
ue forever
a future event must be met for the estate
Defeasible fee simple estate to continue. There are conditions on the
estate
Ownership, possession and control for
Life Estates
someone's lifetime
Measured life is other than that of the
holder:
Estate per Autrie Vie
"to Jones for the life of Brown and then to
Smith in fee simple"
an interest that one may have in the lands
Easements
of another
Allows the dominant estate (the one the
easement benefits) to do some physical
Affirmative Easements
act over the servient estate (where the
easement is located).
, the dominant estate can prevent the
Negative Easements servient estate from doing something
e.g. scenic views
"run with the land" and are not terminat-
Appurtenant Easements ed by the sale of either the servient or
dominant tenement
Easements in Gross attaches to a person
If a person's actions led someone to be-
Easements by estoppel lieve they had an easement they would
be estopped from denting the use
Similar to adverse possession. The use
is
1. Adverse use without permission
2. Open and notorious Prescriptive Easements
3. Continuous
4. For a specific purpose
5. Lasts for the statutory period
is an agreement between entities to re-
Covenant strict use. Usually within the same subdi-
vision or complex
Areas that use: Chicago, Mass and Minn.
Torrens Title System The owner of the title is registered
through the land court.Title cannot be
acquired through prescription.
1. Actual possession
2. Open Possession
2a. Notorious Possession
4. Claim of title Elements of Adverse Rights
5. Continuous Possession
6. Hostile Possession
7. Exclusive Possession
That which appears to be good title but
Color of Title
which is not title in fact.
Feoffment requires delivery of possession.
