Real Property
Estates, Ownership, and Land Use
Real Property questions often begin with estates. A fee simple absolute is alienable and inheritable. A life estate ends at death and may be measured by the life of another. Future interests include reversion, possibility of reverter, right of entry, and remainders. The Rule Against Perpetuities invalidates interests that may vest too remotely; it generally does not apply to reversionary interests in the grantor.
Concurrent ownership includes tenancy in common (no survivorship), joint tenancy (right of survivorship, requiring unity of time, title, interest, and possession), and tenancy by the entirety. Landlord-tenant law centers on the covenant of quiet enjoyment, constructive eviction, security deposits, and habitability. Easements may be express, implied, by necessity, or prescriptive; covenants and equitable servitudes run with land if intent, notice, touch and concern, and privity requirements are met.
Adverse possession requires actual, open and notorious, exclusive, continuous possession for the statutory period. Recording acts protect subsequent purchasers: race, notice, and race-notice. A shelter rule protects a grantee from a prior grantor’s protected status. Mortgages may be lien-theory or title-theory; foreclosure extinguishes junior interests.
Traps and Rule of Thumb
Watch for easements appurtenant versus in gross, and for the Rule Against Perpetuities in options and rights of first refusal. Rule of thumb: identify the estate, the future interest, and the recording rule before resolving priority.