Please clearly mark the corrections by using track changes, include a citation, and email them to me at blurped@yahoo.com. Requirements of a remainder
A future interest created in a third party (transferee)
A remainder can only be created by a grant in the same conveyance in which the prior estates are created. Granting the variance can’t be detrimental to the public good in general. [Jost]
The court is only looking at the level of harm to the plaintiff. Why is there a rule of perpetuities? _ | ‰ Ö à ğ ‡ ‘ � µ × } ƒ ‘ ’ « ® ƒ ‘ ½ Ä Å Ê Ñ ß á ƒ ” £ � ˜ ¨ ³ } ~ ! Methods of private land use control
Covenants
Zoning
Wasn’t upheld as constitutional until 1926. Rationale: property law should promote certainty, peace, order. Characteristics of Concurrent Estates
Severing the Relationship
Severance of Joint Tenancies
Riddle v. Harmon (1980) [secret severance]
Severance of the joint tenancy extinguishes the principle feature of that estate: the right of survivorship. The power to take
The duty to compensate
Fairness rationale
Cost internalization justification
We have to make the government internalize costs so that it takes them into account in making decisions. Share Untitled layer. Requirements
Touch and concern the land
The intention requirement
The notice requirement
Tulk v. Moxhay (1848) [Leicester Square garden]
If an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased. 7300 N IH 35. A remainder must not cut short a prior estate. The mistaken boundary cases – the adverse possessor is sitting on some land that they believe is their land. Ñ Property outline. Biology - Mary Ann Clark, Jung Choi, Matthew Douglas.
Claimant w/color of title who… Public nuisance protects public rights; private nuisance protects rights in the use and enjoyment of land.
For a remainder to be vested, it has to be possible to identify who is taking possession of it. An objective standard: you just look at the acts themselves, and ignore the subjective position/state of mind of the actors themselves. Douglas – thinks that there is no violation of any fundamental right. “(65).
It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people. Remedies for waste – also context-specific
Life estate holder may be required to forfeit their life estate. Texas Criminal Procedure, Spring 2013, Professor Susan Crump Outline
Nuisance
Allows you to launch an action after the fact and not ex ante. A burden only runs to a successor in interest if that successor in interest acquires the same estate that the original contracting party has, or an estate of equal duration. Mannillo v. Gorski (1969)
Issue: whether an entry and continuance of possession under the mistaken belief that the possessor has title to the lands involved, exhibits the requisite hostile possession to sustain the obtaining of title by adverse possession. .”(65). The court doesn’t consider the Lutz’s use an “improvement” of the land.
If you identify a misstatement of law or a material omission within these outlines, please let me know! Major encroachment – there is a presumption that the true owner is on notice. &F gdqcó Promoting marketability – you need to settle title in order to have a fully functional market economy. Zoning Generally
Village of Euclid v. Amber Realty Co. (1926)
Facts:
The village set up a comprehensive land use plan. Manipulating the Rule of First Possession
Acquisition by find
Armory v. Delamirie (1722) [diamond in the chimney case]
Rule: the title of the finder is good against the whole world but the true owner. I encourage you to submit corrections so that the outlines provided on this website will continue to improve over time. Rationale
Rewarding labor
Protecting investment in resources
Capture of wild animals: capture is required to establish possession, while merely chasing an animal is not enough. Kennedy rejects RI’s categorical rule [if you acquire property after the regulation has been passed, then you can’t bring a claim under Lucas or Penn Central] saying that it would produce arbitrary results and therefore, determinations should be made on a case by case basis. Justifications for Regulating Property Rights and the Coase Theorem
Policy reasons for regulating land and real estate
Information
You may want to impose some sort of disclosure requirements on sellers, as buyers may be at an informational disadvantage. Rules promulgated by the governing board of the condo owners association or the board’s interpretation of a rule
Use a reasonableness test for enforcement
Holding: “The reasonableness or unreasonableness of a condo use restriction that the Legislature has made subject to section 1354 is to be determined not by reference to the facts that are specific to the homeowner, but by reference to the common interest development as a whole”(935). Harms v. Sprague (1984)
Delfino v. Vealencis (1980) [trash dump case]
There is a presumption for partition in kind.
What this means is that the adverse possessor has to have occupied the land without the permission of the true owner, or in opposition to the true owner.
The adverse possession approach: the cause of action would arise when the defendant begins to satisfy the elements for adverse possession.
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