Property Recap

Right to Exclude

Right to Exclude

The inherent right of a property owner to exclude anyone or anything from their property.

Right by Occupancy

The right that exists as long as a person retains actual possession of the property, allowing for a reasonable time to arrange for transportation of the property.

Right to Use

The right of a property owner to use their property in any manner they see fit.

Ad Coelum Doctrine

A common law rule stating that a landowner owns everything above and below the surface of their land.

Rule of Capture

The principle that ownership of unowned property is awarded to the first possessor, often applied in cases of water, oil, gas, and ocean fishing rights.

Law of Finders

The principle that the finder of lost property may keep it until the true owner reclaims it, with the finder potentially receiving a reward.

Gift

A transfer of personal property that requires donative intent, delivery to the donee, and acceptance by the donee.

Adverse Possession

A legal concept where if a trespasser openly, continuously, exclusively, and adversely possesses a property for a statutory period, they may gain legal title to it.

Tenancy in Common

Co-ownership of property where each owner has the right to sell, lease, or encumber their share without permission from other co-owners.

Joint Tenancy

Co-ownership with the right of survivorship, where the interest of a deceased co-owner is automatically absorbed by the surviving co-owner.

Metes and Bounds

A method of describing land boundaries using compass headings and distance measurements, satisfying the statute of frauds if it ends where it starts.

Exceptions to the Statute of Frauds

Court may order specific performance if purchaser partly performed, based on detrimental reliance and evidence of an agreement substituting a written one.

Marketable Title

Seller must provide a title reasonably free from doubt, with an express or implied obligation to deliver it at closing.

Equitable Conversion

Buyer is considered the equitable owner of the property after an enforceable sale contract, with the seller having the right to be paid the purchase price.

Constructive Eviction

Landlord's actions render premises untenable, leading to lease termination and relief from rent, requiring substantial interference, notification, vacating, and breach of lease promise.

Implied Warrant of Habitability

Landlord's promise to maintain premises in livable condition, different from quiet enjoyment, and violation may render the property uninhabitable.

Recording Statutes

Race, notice, and race-notice statutes determine priority of title based on recording claims, with a bona fide purchaser having certain protections.

Deeds

Merger Doctrine states contract merges into deed, Quitclaim contains no title promises, and Warranty Deeds offer present and future warranties for the grantee.