Real Property Ownership, Interests, and Land Use Controls
The bundle of rights, and what can be carved out of it
Ownership of land is not a single right but a bundle: possession, use, enjoyment, exclusion, and disposition. Most exam items ask which stick has been removed, transferred, or shared.
Fixtures. Personal property that becomes realty through attachment. Weigh the method of attachment, adaptability to the property's use, the intention of the parties, and the relationship between them (a tenant's trade fixtures stay personal property). Items like built-in bookcases, above-ground pools, and washer/dryer sets are classic fact patterns.
Estates. Fee simple absolute is the largest estate. Fee simple determinable ends automatically on the stated event and leaves the grantor a possibility of reverter; fee simple on condition subsequent requires the grantor to re-enter or sue to reclaim title. Life estates may be measured by the holder's life or by another's (pur autre vie). Leaseholds are personal property, not real property.
Concurrent ownership. Tenancy in common (no survivorship, unequal shares allowed), joint tenancy (four unities plus express survivorship language), and, for spouses, tenancy by the entirety in jurisdictions that recognize it. One joint tenant's conveyance of her share severs the joint tenancy as to that share only.
Encumbrances and land use controls. Easements appurtenant run with the land; easements in gross benefit a person. Also know liens, encroachments, licenses, CC&Rs, zoning, variances, nonconforming uses, and conditional use permits.
Worked example
Ann, Bob, and Cy hold title as joint tenants. Cy deeds his interest to Dan. Ann and Bob remain joint tenants with each other as to two-thirds; Dan owns a one-third tenancy in common. If Ann later dies, Bob takes her two-thirds by survivorship - Dan receives nothing.
Rule of thumb: automatic forfeiture means 'determinable'; someone must act means 'condition subsequent.'