Real Property - Estates, Easements, and Recording
Real Property tests estates, future interests, co-ownership, landlord-tenant, easements, covenants, mortgages, and recording. Classify the interest before applying recording or possessory rules.
Estates and interests
- Fee simple absolute is alienable and inheritable; life estate ends at death; remainders and reversions are future interests.
- Tenancy in common has no right of survivorship; joint tenancy requires four unities and includes survivorship.
- Easements may be express, implied, prescriptive, or by necessity; covenants run with land if intent, notice, touch and concern, and privity exist.
Recording and mortgages
- Race, notice, and race-notice statutes determine priority between successive purchasers.
- A mortgage must be recorded to give constructive notice; foreclosure extinguishes junior liens. A landlord may enter to repair, but not to harass.
Worked example
O conveys Blackacre to A, who does not record. O then conveys the same parcel to B, who pays value and records without notice of A. In a notice or race-notice jurisdiction, B prevails because B recorded before A and lacked notice. In a pure race jurisdiction, B also prevails by recording first. A's remedy may be against O for breach.
Traps
Do not assume recording cures a forged deed. Do not confuse a license with an easement. Do not overlook the effect of a landlord's entry to repair on tenant rights.