Select Page

Property I
University of Kansas School of Law
Davis, Michael J.

PROPERTY OUTLINE
 
O dies
    |
    |
Probate
    |
    |
Creditors first
|                    |
|Will     or      intestate
Will=devise/ dividable
Intestate= heirs = descendible
 
Historically- spouse was not included in intestate. Heir can avoid intestate by having a will.
 
Trust- property arrangement in which a grantor, called the settler or trustor conveys property to one person (a trustee) for the benefit of a 3rd party. Called the beneficiary.
 
 
Adverse Possession- KS law- 15 years.
1.)    actual possession
2.)    open and notorious possession
3.)    hostile possession
4.)    continuous possession
5.)    exclusive possession
6.)    color or claim of title
 
Color of title- written instrument that is invalid.
 
Tacking- using others that were in possession of the property in question before you to establish that the land was part of the estate.
 
 
Types of Estates
1.)    Fee Simple Absolute- no restrictions or future interests.
2.)    Defeasible Fees- interests held for life and those held until the happening of some stated event (other than present owner’s death). These are present interests that terminate at the happening of a specified event. There are 2 distinctions- whether the transfer is automatic or whether the interest holder must assert his rights.
 
Defensible Fees become either
1.)    Fee simple determinable- Language denoting that the ownership is limited to a time period during which certain conditions are met will be generally be interpreted as evidence of the grantor’s intent to cut off ownership automatically when the condition is violated or met. When this is violated, ownership automatically shifts to O or her heirs or O’s devisees.
 
EX:
O to A so long as used for residential purposes
O to A while used for residential purposes
O to A during residential use
O to A unless used for non residential purposes
O to A so long as used for residential purposes; if used for nonresidential purposes the property shall automatically revert to O.
 
2.)    Fee simp

ith the present estate owner.
 
Modern day- treats two types of future interest the same under one of two theories.
1.)    Laches- prevents the holder of a right of entry from waiting too long to assert her right of entry. It prevents recovery when an unreasonable delay in asserting legal rights unfairly prejudices another. Modern approach to start running time of statute at moment the condition is violated.
 
3.)    Fee simple subject to executory limitations- future interest an executory interest. Ownership shifts automatically on the occurrence of contingent event.
 
EX:
O to A so long as used for residential purposes, then to B.
Life Estates- granted to someone for their life. Upon their death, the property may revert to the grantor, or may go to a 3rd party as a remainder.
 
EX:
O to A for life.