Real Property
1) Adverse Possession
2) Quitclaim deed: deed conveying grantor’s complete interest/claim to piece of property; title isn’t necessarily real, though
3) Warranty deed: “expressly guarantees grantor’s good, clear title; contains covenants concerning quality of title, including warrantees of seisin.”
a) Seisin: “possession of a freehold estate in land,” Black’s 569), “quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims” Black’s 173.
4) Accretion: “The gradual accumulation of land by natural forces” Black’s Law Dictionary, 10.
5) Tacking: need privity: a legal tie to the other party; other party must also have had an adverse possession claim (not permissive possession)
6) 5 elements of Adverse Possession
7) Must have actual possession of all the lands in question (or color of title and partial possession with the intent to possess the whole, or tack)
(1)Actual vs. constructive
8) Possession must be open and notorious
9) Possession must be continuous
10)Possession must be exclusive
11)Possession must be hostile or under claim of right
a) (Possible 6th) distinguishable boundaries (like fences)
12)Color of Title: What do you need: (p48)
a) Written instrument that on its face conveys title to the land, and
b) Describes the land in detail
c) True owner must have actual (show it to him) or constructive (record the deed) notice of the deed.
i) What does this mean? If you get adverse possession, you get the land described in the deed.
13)“Know jurisdictions”: HOSTILITY
a) Some jurisdictions say adverse possession cannot be hostile unless you know the land belongs to someone else. Must prove a certain state of mind.
i) Is hostile, but not very fair, law is rewarding thieves. On the other hand, you are also punishing lackadaisical owners.
b) Georgia, only good faith adverse possessors can work, they can’t know it belonged to someone else.
i) Seems fairer, but seems inconsi
goes to the state upon death of intestate owner without heirs. (52 supplement)
22)Fee Simple Absolute and Life Estates
23)Alienability: Right to transfer property
24)Inheritability: assize of Northhampton: assize of mort d’ancestor. Desired attribute of property. Can conflict with alienability: D’Arundel’s case in 1225.
a) “And his heirs” are words of limitation, not words of purchase. Those words indicate that it’s fee simple absolute; they don’t give the heirs property rights, just an expectation.
25)FSA: Ability to possess and dispose of property at death. “Simple absolute”: no strings attached. You can’t lose it by some conditions as with a defeasible fee. “Best” way to own property. How created? By inter vivos transfer or devise.
a) Convey: inter vivos.
Devise: after death.
