Key Concepts in Property Law

Fee Simple Absolute

The most complete ownership interest, with no limitations or conditions.

Fee Simple Determinable

Ownership that automatically ends upon the occurrence of a stated condition, followed by a possibility of reverter.

Fee Simple Subject to Condition Subsequent

Ownership that may be terminated upon the occurrence of a stated condition, but termination is not automatic; the grantor retains a right of reentry.

Fee Simple Subject to Executory Limitation

Ownership that automatically shifts to a third party upon the occurrence of a stated condition.

Life Estate

Ownership for the duration of a person's life, followed by a reversion to the grantor or a remainder to a third party.

Reversion

Interest retained by the grantor when a lesser estate is conveyed.

Remainder

A future interest in a third party that becomes possessory upon the natural termination of the prior estate.

Vested Remainder

A future interest that is certain to become possessory.

Contingent Remainder

A future interest that is subject to a condition precedent or held by an unascertained person.

Executory Interest

A future interest in a third party that cuts short a prior estate.

Tenancy in Common

Co-ownership where each tenant has an undivided interest and no right of survivorship.

Joint Tenancy

Co-ownership with the right of survivorship, requiring the four unities: time, title, interest, and possession.

Tenancy by the Entirety

Joint tenancy between married spouses with the right of survivorship, which cannot be unilaterally severed.

Severance

The process by which joint tenancy can be terminated by sale, partition, or mortgage in some jurisdictions.

Tenancy for Years

A leasehold estate for a fixed term that ends automatically.

Periodic Tenancy

A leasehold estate that continues for successive periods until terminated with proper notice.

Tenancy at Will

A leasehold estate that can be terminated at any time by either party.

Tenancy at Sufferance

Arises when a tenant remains in possession after the lease term ends.

Implied Warranty of Habitability

A requirement for residential landlords to maintain premises fit for human habitation.

Covenant of Quiet Enjoyment

Protects tenants from substantial interference with their use and enjoyment of the property.

Constructive Eviction

Occurs when a landlord's actions or inactions make the premises uninhabitable, leading the tenant to vacate.

Easement

A non-possessory right to use another's land.

Easement Appurtenant

Benefits a specific parcel of land (dominant estate) and runs with the land.

Easement in Gross

Benefits a person or entity, not tied to a specific parcel.

Express Easement

Created by grant or reservation in writing.

Implied Easement

Created by prior use or necessity.

Prescriptive Easement

Acquired through adverse use for the statutory period.

Merger

The termination of an easement when the dominant and servient estates are owned by the same party.

Real Covenant

A promise concerning the use of land that runs with the land and binds successors.

Equitable Servitude

A promise concerning the use of land enforceable in equity.

Common Interest Communities

Communities governed by covenants, conditions, and restrictions (CC&Rs) that bind all property owners.

Adverse Possession

A method of acquiring title to land through continuous, open, actual, exclusive, and hostile possession.

Deed

A document that transfers title to real property.

General Warranty Deed

Provides the most protection, with covenants of title.

Special Warranty Deed

Warrants only against defects arising during the grantor's ownership.

Quitclaim Deed

Transfers whatever interest the grantor has, with no warranties.

Recording Acts

Laws that determine the priority of claims to property based on the order of recording.

Marketable Title

Title free from reasonable doubt or risk of litigation.

Mortgage

A security interest in real property to secure a loan.

Zoning

Government regulation of land use.

Variance

Permission to deviate from zoning requirements.

Nonconforming Use

A use that existed before zoning changes and is allowed to continue.

Eminent Domain

The government's power to take private property for public use with just compensation.

Regulatory Taking

A government regulation that goes too far and effectively takes property, requiring compensation.

Riparian Rights

Rights of landowners whose property borders a watercourse to reasonable use of the water.

Prior Appropriation Doctrine

Water rights determined by priority of beneficial use, regardless of land ownership.