PART ONE.INTERESTS IN LAND

Chapter One.Adverse Possession

Ⅰ.Possession and Ownership

A.Possession Apart From Ownership

B.Consequences of Possession Unconnected to Ownership

1.Liabilities of a Possessor-Ejectment

2.Rights of a Possessor

3.Possession as Both Rightful and Wrongful

C.The Duration of Possession

Ⅱ.Adverse Possession

A.Duration and Adverse Possession

1.How Long Must the Possession Continue

2.Tacking

a.Privity

b.Tacking When There Is No Color of Title

B.Acts of Possession Required-Standards

1.Payment of Taxes

a.When Both Parties Pay Taxes

b.Boundary Disputes

C.The Required Qualities of Possession

1.Open-Visible

2.Notorious

3.Actual(and Constructive)

a.Constructive Possession and Color of Title

b.Constructive Possession and Prior Possession

c.Limitations on Constructive Possession

d.Conflicting Constructive Possessions

4.Color of Title

a.Color of Title as an Absolute Requirement of Adverse Possession

b.Color of Title as Affecting the Acts Required

c.Color of Title as Affecting the Time Period

d.Color of Title and Hostility

5.Continuous-Uninterrupted

6.Exclusive

7.Hostile-Claim of Right-Adverse

a.The Subjective Standard

(1)The Mentality of Thievery

(2)The Mentality of Mistake

b.The Objective Standard

c.Permissive Possession

(1)Ouster

d.Other Cases of Permissive Possession

D.External Factors That Prolong the Statute of Limitations

1.Disabilities

2.Future Interests

3.The Effect of Adverse Possession on Nonpossessory Interests

Ⅲ.The Consequences of Having Been an Adverse Possessor

Chapter Two.Common Law Estates

Ⅰ.Present(Possessory)Estates in Land

A.Kinds of Estates

1.The Fee Simple

2.The Fee Tail

3.The Life Estate

4.The Estate for Years(Also Known as Tenancy for a Term)

5.The Periodic Estate(Also Known as Tenancy From Period to Period)

6.The Tenancy at Will and the Tenancy at Sufferance

B.Freehold v.Nonfreehold Estates——Seisin

C.The Creation of Estates(Creating Words)

1.The Fee Simple—— To Bob and His Heirs

2.The Fee Tail—— To Bob and the Heirs of His Body

a.Special Forms of Fee Tail

b.The Earlier Fee Simple Conditional

c.Disentailing Conveyances-the Common Recovery and the Fine

3.The Life Estate—— To Bob for His Life ，or Merely To Bob

a.The Life Estate Per Autre Vie—— To Bob for the Life of Carl

b.The Legal Life Estate

(1)The Fee Tail Special With Possibility of Issue Extinct

(2)Marital Estates

4.The Estate for Years—— To Bob for 10 Years

5.The Estate From Period to Period—— To Bob From Month to Month ，or To Bob for $10 Per Month

D.The Quality of Estates——Absolute or Unqualified

1.The Determinable Estate(Also Called the Estate Subject to Special Limitation)

2.The Estate Subject to Condition Subsequent

Ⅱ.Future Interests

A.The Reversion

1.Creating Words

2.Reversion as an Interest Only in the Grantor

3.Other Future Interests in the Grantor Which Are Not Reversions

B.The Possibility of Reverter and Power of Termination

C.The Remainder

1.What Is Not a Remainder

2.The Remainder Versus the Power of Termination

D.The Contingent Remainder

E.The Vested Remainder

1.The Remainder Vested Subject to Total Divestment

2.The Remainder Vested Subject to Partial Divestment(Subject to Open)

3. Divestible Contingent Remainders

F.Reversion Following Remainder

Ⅲ.The Transfer of Estates

A.Methods of Transfer

1.Release Deeds

2.Surrender Deeds

B.The Transferability of Interests

C.The Inheritability of Interests

Ⅳ.Rules Regulating Common Law Estates

A.Seisin Can Never Be in Abeyance

B.Seisin Passes Out of the Grantor Only by Livery

C.No Springing Interests(No Freehold to Commence in the Future)

1.A Remainder Cannot Spring

2.A Remainder Must Be Created in the Same Document as the Estate Supporting It

3.No Contingent Remainder After a Term of Years

D.No Shifting Interests-No Condition in a Stranger

E.The Destructibility of Contingent Remainders

1.Reversions Are Not Subject to the Rule

2.How Prior Estates Terminate

3.Premature Termination of Estates——Merger

4.The Effect of Merger Upon Contingent Remainders

5.Exception to the Doctrine of Merger

6.Exception to the Exception

Ⅴ.Equitable Interests in Land-Uses

A.Equitable Conveyances

1.Conveyance for Use

2.Covenant to Stand Seised

3.Bargain and Sale Deed

4.Resulting Use

B.New Equitable Estates(Executory Interests)

1.The Springing Use

2.The Shifting Use

C.The Indestructibility of Uses

D.The Statute of Uses(1536)

1.Effect of the Statute on Future Interests

a.Executory Interests

b.Contingent Remainders

c.Remainder or Executory Interest?

E.Unexecuted Uses

1.The Active Trust

2.The Use on a Use

3.Uses and Seisin

Ⅵ.The Rule Against Perpetuities(1682)

A.The Rule

B.Measuring the Time Period

C.Interests Which Are Subject to the Rule

1.Contingent Remainders Are Subject to the Rule

2.Executory Interests Are Subject to the Rule

3.Vested Remainders Are Generally Not Subject to the Rule

4.Reversions Are Not Subject to the Rule

5.Powers of Termination and Possibilities of Reverter Are Not Subject to the Rule

6.Other Interests Subject to the Rule

D.Consequences of Violating the Rule

E.Modern Revisions to the Rule

1.Wait and See

2.Cy Pres

Ⅶ.Special Rules Dealing With Conveyances to Heirs

A.Gifts to Heirs of the Grantee——the Rule in Shelley s Case(1581)

1.Consequences of the Rule

a.The Remainder Generally Becomes Vested Rather Than Contingent

b.The Doctrine of Merger Applies

2.Characteristics of the Rule

a.Both Estates Must Be Legal or Both Equitable

b.The Rule Is One of Law,Not Construction

c.The Rule Does Not Apply to Executory Interests

B.Gifts to Heirs of the Grantor——the Doctrine of Worthier Title

1.Characteristics of the Doctrine

a. Heirs Must Be Used in the Correct Sense

b.The Doctrine Does Not Apply to Accidental Heirs

c.The Doctrine Is Not Limited to Remainders

d.A Rule of Law,Not Construction

2.A Companion Rule

Ⅷ.Restraints on Alienation

A.Disabling Restraints

B.Forfeiture Restraints

C.Promissory Restraints

Ⅸ.Waste

A.Parties

B.Policy

C.Types

1.Active Waste

2.Passive Waste

D.Remedies

Ⅹ.Common Law Marital Estates

A.Wife s Estate-Dower

1.Conditions for Dower

a.Seisin

b.Inheritability

2.Extent of Dower

a.Before Death

b.After Death

B.Husband s Estate

1.Upon Marriage and Before the Birth of Issue——Jure Uxoris

2.Upon Birth of Issue Alive——Curtesy Initiate

3.Upon the Death of the Wife——Curtesy Consummate

Chapter Three.Concurrent Ownership

Ⅰ.Forms of Concurrent Ownership

A.Characteristics of the Various Types of Concurrent Tenancies

1.Unity of Time

2.Unity of Title

3.Unity of Interest

4.Unity of Possession

5.Unity of Person

B.Preferences for One Estate Over the Other

Ⅱ.Consequences of Different Types of Ownership

A.Survivorship

B.Severance

1.Severance of Tenancy by the Entireties

2.Severance of Joint Tenancy

C.Partition

Ⅲ.Possession,Profits and Expenditures

A.Rents

1.Rents From the Possessing Cotenant

2.Rents and Profits From Third Parties

B.Expenditures

1.Payment of the Purchase Price

2.Necessary Payments

3.Improvements

4.Repairs

Ⅳ.Community Property

A.Characteristics of Community Ownership

1.Management and Control

2.Severance

3.Death Transfers

4.Liabilities

Ⅴ.Condominiums

A.Condominium Ownership

B.Creation of a Condominium Project

C.Time Sharing Arrangements

D.Cooperatives

E.Remedies

Chapter Four.Landlord and Tenant

Ⅰ.Types and Creation of Tenancies

A.Tenancy for a Term

B.Periodic Tenancy

1.Inadvertent Periodic Tenancies

2.The Length of the Period

C.Tenancy at Will

1.Inadvertent Tenancies at Will

D.Tenancy at Sufferance

Ⅱ.Termination of Tenancies

A.Termination According to Type of Tenancy

1.Tenancy for a Term

2.Periodic Tenancy

3.Tenancy at Will

4.Tenancy at Sufferance

B.Other Ways of Terminating a Tenancy

1.Destruction of the Premises

2.For Breach by the Tenant——The Doctrine of Independent Covenants

3.For Breach by the Landlord——The Covenant of Quiet Enjoyment

a.Mortgages and Leases

b.Constructive Eviction

4.By Agreement——Surrender

5.Eminent Domain

C.Landlord s Remedies Against Continued Possession After the Termination of the Estate——Holdover Tenants

1.Double Damages

2.Increased Rent

3.Eviction and Damages

4.Self-Help

5.Compelling the Tenant to Stay

a.The Consequence of a Tenant for a Term Becoming a Periodic Tenant

b.Increasing the Rent

D.The Consequences of a Tenant Attempting to Surrender the Estate Before the End of the Term-Abandonment and Surrender

1.Failure to Pay Rent

2.Failure to Retain Possession and to Pay Rent

a.No Duty to Mitigate

b.Surrender by Operation of Law

3.Failure of the Tenant to Pay Rent or Honor Other Provisions of the Lease

a.Dispossession Without Termination

4.Reletting for the Tenant s Account

5.Difference Value Damages

Ⅲ.The Tenant s Possessory Interest

A.Tenant s Remedies for Disturbance of Possession

1.Remedies Against Strangers

2.Remedies for Interference by the Landlord

3.Eviction by Paramount Title

B.Remedies When a New Tenant Is Prevented From Taking Possession by Virtue of a Holdover Tenant

1.When the Landlord Is at Fault

2.When No One is at Fault

a.The English Rule

b.The American Rule

C.Rights Incidental to Possession

D.Liabilities as a Possessor

Ⅳ.Rent

A.Payment

B.Rent Control

1.Premises and Persons Covered

2.Rates

3.Ancillary Restrictions

Ⅴ.Problems Arising From Conditions of Disrepair

A.The Basic Duties of the Parties

1.Modern Changes in the Basic Duties

2.Duties Regarding Common Areas

B.Altering the Basic Duties by Covenant

1.Enlarging the Scope of the Tenant s Duties by a Tenant s Covenant to Repair

2.Diminishing the Scope of the Tenant s Duties by a Landlord s Covenant to Repair

C.One Party s Right to Recover the Cost of Repairs When the Other Fails to Repair

1.No Right to Recover When No Duty to Repair

2.Tenant s Right to Recover When the Landlord Has a Duty to Repair

a.Duty Arising From a Building Code

b.Duty Arising From a Special Habitability Statute

c.Duty Arising From a Covenant

d.Duty Arising in Common Areas

3.Landlord s Right to Recover When the Tenant Has a Duty to Repair

a.Recovery When a Building Code Is Applicable to the Tenant

b.Recovery Under Modern Statutes

c.The Effect of Insurance

D.The Right to Terminate the Tenancy

1.Landlord s Right to Terminate

a.No Right to Terminate When There Is No Duty on the Tenant

b.Right to Terminate After Destruction

2.Tenant s Right to Terminate

a.Where a Building Code Applies to the Landlord

b.Where a Special Statutory Duty Applies to the Landlord

c.Failure to Repair the Common Area

d.Failure to Honor a Covenant to Repair——Constructive Eviction

E.The Right to a Rent Reduction

1.Where There Is a Covenant to Repair by the Landlord

2.Where There Is a Repair and Deduct Statute

3.Where There Is an Implied Warranty of Habitability

4.Retaliatory Eviction

F.Tort Consequences of Disrepairs

1.The Relation of the Tenant to Visitors

2.The Relation of the Landlord to Visitors

3.The Relation of the Landlord and Tenant to Each Other

a.Tenant s Liability

b.Landlord s Liability

4.Liability for the Common Areas

a.Where the Tenant Has Made a Covenant to Repair

5.Liability Based on a Covenant to Repair by the Landlord

a.Rights of Visitors

b.The Tenant s Liability to Visitors Under the Same Circumstances

6.Liability for Code Violations

a.Rights of Visitors

b.Effect of a Covenant to Repair by the Tenant

7.Hidden Defects

a.Rights of Visitors

8.Landlord s Liability for Negligence

9.Exculpatory Clauses

Ⅵ.Transfer of the Tenancy

A.The Distinction Between Assigning and Subleasing

B.The Right to Transfer-Restrictions

1.Landlord s Right to Be Unreasonable

2.The Effect of Consenting to the First Assignment

C.The Effect of an Assignment

1.The Effect of the Tenant

2.The Effect on the Assignee

3.The Effect on the Landlord

4.The Effect of a Second Assignment

D.The Effect of a Sublease

Chapter Five.Easements

Ⅰ.The Nature of Easements

A.Easements as Distinguished From Possessory Interests

B.Easements as Distinguished From Other Nonpossessory Interests

1.Profits

2.Natural Rights in Land

3.Licenses

Ⅱ.Types of Easements

A.Appurtenant or in Gross

B.Affirmative or Negative(or Spurious)

Ⅲ.Creation of Easements and Licenses

A.By Express Words——Grant and Reservation

1.Formalities and Failure to Comply With Them——Licenses

2.Formal Creation of Licenses

3.Interests Which the Law Makes Revocable

B.By Implication

1.Severance of Parcels

a.Implied Grant and Implied Reservation

2.Prior Use——The Quasi-Easement

3.The Characteristics of the Prior Use

a.Apparent

b.Permanent——Continuous

c.Necessary——Beneficial

C.By Necessity

1.Implied From a Plat

D.By Prescription

1.Elements of Prescription

a.Adverse,Hostile

b.Payment of Taxes

c.Exclusive

d.Uninterrupted

2.Prescriptive Easements as Appurtenant or in Gross

a.Negative Prescriptive Easements

Ⅳ.Transfer of Easements

A.Transfer of the Burden of an Easement

B.Transfer of the Benefit of an Easement

1.Transfer of the Benefit of an Easement in Gross

2.Transfer of the Benefit of an Easement Appurtenant

3.Transferability as Affected by the Creating Language

Ⅴ.Subdivision of Easements

A.Subdivision of the Burden

B.Subdivision of the Benefit

1.Subdivision of the Benefit of an Easement in Gross

2.Subdivision of the Benefit of a Profit in Gross

3.Subdivision of the Benefit of an Easement Appurtenant

Ⅵ.The Scope of Easements

A.Variations by the Dominant Tenant

1.Standards for Determining Whether the Variation Is Allowable

a.When There Is Explicit Language

b.When There Is No Explicit Language

c.When the Easement Is Prescriptive

2.Changes Caused by Development of the Dominant Tenement

B.Variations by the Servient Tenant

1.The Nature of the Dominant Tenant s Rights

2.The Nature of the Servient Tenant s Rights

a.Rights of Third Parties

3.Variations Allowed to the Servient Tenant

Ⅶ.Termination of Easements

A.Termination by Virtue of Language in the Grant

1.Termination of Licenses

B.Merger

C.Release(Abandonment)

1.By Words Alone

2.By Nonuse Alone

3.By Words Plus Nonuse

4.By Words Plus Inconsistent Acts

5.By Inconsistent Acts Alone

6.By Words of the Dominant Tenant and Acts of the Servient Tenant——Estoppel

D.Adverse Use

E.Invalidity

Chapter Six.Covenants Running With the Land

Ⅰ.Covenants Compared With Other Devices Which Bind Remote Takers of Property

A.Easements

B.Conditions

C.Assignment and Assumption in Contract

Ⅱ.Requirements Concerning the Nature of the Covenant

A.The Covenant Must Involve Enforceable Promises

B.The Parties Must Have Intended That the Covenant Run—— Assigns

C.The Promise Must Be of the Right Sort——Touch And Concern

1.Burden v.Benefit

2.Money Covenants

3.Touching vs.Running

a.Requirement for the Burden to Run

b.Requirement for the Benefit to Run

Ⅲ.Requirements Concerning the Parties——Privity

A.Requirements Concerning the Original Parties to the Covenant——Horizontal Privity

1.The Privity Necessary for the Burden to Run

a.Tenurial Relation

b.Mutual Simultaneous Interests

c.Privity Through a Deed

d.Lack of Privity

2.Not a Requirement for the Benefit to Run

B.Requirements Concerning the Litigants——Vertical Privity

1.Requirement for the Burden to Run

2.Not a Requirement for the Benefit to Run

Ⅳ.The Running of Covenants in Equity-Equitable Servitudes

A.The Policy Underlying Equitable Servitudes

B.The Rules Concerning Equitable Servitudes

1.Applicability of the Rules for Covenants to Run at Law

a.Horizontal Privity

b.Vertical Privity

c.Touch and Concern

2.Special Equitable Requirements

a.Notice

b.Negative Nature of the Covenant

Ⅴ.Enforcement of Neighborhood Restrictions

A.Enforcement by Later Grantees Against Earlier Grantees——Running of Benefit

B.Enforcement by Earlier Grantees Against Later Grantees——Alternative Theories

1.Enforcement of a Covenant Made by the Common Owner to the Prior Grantee——Running of the Burden

2.Enforcement of a Covenant Made by the Subsequent Grantee to the Common Owner——Third Party Beneficiary

3.Enforcement of a Restriction Where the Prior Grantee Has Covenanted With the Common Owner——Implied Reciprocal Servitudes

C.The Significance of a Common Plan

1.In Order to Find Notice

2.In Order to Apply Third Party Beneficiary Theory

3.In Order to Imply Reciprocal Servitudes

4.In Order to Burden Benefitted Lots

D.Enforcement by the Neighborhood Association

E.Effect of Omission in Later Deeds

Ⅵ.Termination of Restrictions

A.Termination Resulting From Acts of the Parties to the Covenant

1.Restricted Duration

2.Release

3.Merger

4.Abandonment

5.Prescription

6.Estoppel

7.Laches

8.Unclean Hands

9.Acquiescence

B.Termination Resulting From External Acts

1.Changed Conditions

2.Governmental Acquisition

C.Termination Resulting From Invalidity

PART TWO.CONVEYANCING

Chapter Seven.Real Estate Brokers

Ⅰ.The Role of the Broker

A.The Economic Function of Brokers

B.Who May Function as a Broker

C.The Service Brokers Perform

D.Other Legal Obligations Imposed on Brokers

1.Discrimination

2.Practicing Law

3.Antitrust

Ⅱ.Listing Agreements and Commissions

A.Types of Listings

B.Earning a Commission

1.Lesser and Contingent Offers

2.Completing the Sale as a Condition Precedent

a.Closing as a Condition or Calendar Event

Ⅲ.Broker Liability

A.Contract

B.Licensing Standards

C.Negligence and Fraud

D.Agency

1.Whose Agent Is the Broker

Chapter Eight.Contract of Sale:Vendor-Purchaser

Ⅰ.Formation of the Relationship——the Statute of Frauds

A.Discrimination by the Seller

Ⅱ.Marketable Title

A.What Is Marketable Title

1.Title Actually Held by the Vendor

2.Title Free From Encumbrances

a.Easements

b.Covenants and Servitudes

c.Leases

d.Money Obligations

3.Title Free From Doubt

4.Circumstances Not Affecting Marketability

B.The Effects of Title Being Unmarketable

1.Vendor s Right to Cure Defects

2.Vendor s Right to Specific Performance With Abatement

3.Purchaser s Right to Withdraw

4.Purchaser s Right to Damages

5.Purchaser s Right to Specific Performance

a.Specific Performance With Abatement

C.Waiver of the Right to Marketable Title

1.Complete Waiver of Marketable Title

2.Waiver of Some Particular Defect

3.Insurable Title

4.Waiver by Acceptance of the Deed-Merger

Ⅲ.Equitable Conversion and the Risk of Loss

A.Devolution on Death

B.Injuries to the Property

C.Creditors

D.Risk of Loss for Injuries Caused Without Fault

1.Majority Rule——Risk on Purchaser

2.Minority Rule——Risk on Vendor

3.Uniform Vendor and Purchaser Risk Act

4.Contrary Agreements

a.Insurance Provisions

Ⅳ.Performance

A.Installment Land Contracts

Ⅴ.Nonperformance

A.By the Vendor

B.By the Purchaser

Chapter Nine.Transfer of Title by Deed:Grantor-Grantee

Ⅰ.Instruments Effective to Pass Title——Deeds

A.The Quitclaim Deed

B.The Grant Deed(Bargain and Sale Deed)

C.The Warranty Deed

Ⅱ.Proper Execution of Deeds

A.Signature

B.Consideration

C.Contents

1.The Parties

2.Description of the Property

a.The Federal Survey

b.Plat Maps

c.Metes and Bounds

d.Inconsistent Descriptions

e.Boundaries With Width

f.Water Boundaries

3.Description of the Estate

4.Words of Grant

D.Acknowledgement

E.Recordation

Ⅲ.Delivery of Deeds

A.What Is Delivery

B.Intent That the Deed Be Presently Operative

1.The Effect of Future Events When There Is No Intent to Make the Deed Presently Operative

2.When a Future Event Is the Grantor s Death

C.No Conditional Delivery to a Grantee

D.Delivery of Deeds to Persons Other Than the Grantee

1.The Grantee s Agent

2.The Grantor s Agent

3.Escrow

a.A Contingency Certain to Occur

b.An Underlying Contract

c.Relation Back

E.The Effect of Delivery and Nondelivery

1.Delivery

2.Nondelivery

Ⅳ.Covenants in Deeds Concerning Title

A.Degrees of Protection Available to the Grantee

1.Under a Warranty Deed

2.Under a Statutory Deed

3.Under a Deed Without Warranties

B.The Six Covenants of Title

1.Covenant of Seisin

2.Covenant of Good Right to Convey

3.Covenant Against Encumbrances

4.Covenant of Quiet Enjoyment

5.Covenant of Warranty

6.Covenant of Further Assurances

C.Special Covenants

1.Special Covenants of Right to Convey,Warranty and Quiet Enjoyment

2.Special Covenant Against Encumbrances

3.Estoppel by Deed

D.Breach of Covenant

1.What Constitutes a Breach

a.Covenant of Seisin

b.Covenant of Good Right to Convey

c.Covenant Against Encumbrances

d.Covenants of Warranty and Quiet Enjoyment

e.Covenant of Further Assurances

2.When a Covenant Is Deemed Breached

a.The Present Covenants

b.The Future Covenants

E.When Covenants Are Enforceable by a Remote Grantee

1.Covenants of Seisin and Right to Convey

2.Covenant Against Encumbrances

3.Covenants of Warranty,Quiet Enjoyment and Further Assurances

F.Measure of Damages

1.Covenants of Seisin and Right to Convey

2.Covenant Against Encumbrances

3.Covenants of Warranty,Quiet Enjoyment and Further Assurances

4.Damages in the Case of Remote Grantees

Ⅴ.Duties of Disclosure

A.Nondisclosure

B.Implied Warranties in Sale of New Homes

Chapter Ten.Priorities:The Recording System

Ⅰ.Common Law Priorities

Ⅱ.The Recording System——Recording Statutes

A.Various Recording Acts

1.Notice Acts

2.Notice-Race Acts(Race-Notice Acts)

3.Race Acts

4.Period of Grace Acts

B.Comparison of the Operation of the Various Types of Statute

1.Race v.Notice

2.Race v.Notice-Race

3.Notice v.Notice-Race

Ⅲ.The Mechanics of Recording and Searching Title

A.Recording a Document

1.Deposit of a Proper Document at the Recorder s Office

2.Copying of the Document Into the Official Records

3.Indexing of the Document

4.Return of the Document

B.Searching a Title

1.Locating the Present Owner in the Grantee Index

2.Locating Prior Owners in the Grantee Index

a.Stopping Short of the Original Source

b.Dealing With Gaps

3.Searching for Encumbrances and Other Interests in the Grantor Index

4.Following the Subsequent History of Such Encumbrances

Ⅳ.Record Notice——Constructive Notice

A.Documents Which Cannot Be Located at All

1.Misindexed Documents

2.Wild Documents

B.Documents Which Can Be Located Only With Difficulty

1.The Late Recorded Document

2.The Early Recorded Document-Estoppel by Deed

3.Deeds Out

C.Documents Which Are Readily Locatable But Still Do Not Give Notice

1.Defective Documents

2.Nonrecordable Documents

Ⅴ.Inquiry Notice

A.Notice Based on Information in the Records

1.References in Recorded Documents to Unrecorded Documents

2.References in Recorded but Unread Documents to Other Unrecorded Documents

3.Indefinite References to Other Documents

B.Notice Based on Possession of the Property

1.The Information Charged to the Purchaser——Constructive Notice v.Inquiry Notice

2.Inquiry Notice When the Statute Requires Actual Notice

3.When the Possession Is Not Suspicious

a.Landlord-Tenant Exception

C.Notice Based on Neighborhood Conditions

D.Harmless Notice

Ⅵ.Persons Protected Against Previous Failures to Record

A.Different Class of Persons Protected Under Three Different Types of Statutes

1.Persons Protected in a Race State

2.Persons Protected in a Notice State

3.Persons Protected in a Notice-Race State

B.Purchasers Without Notice

C.Purchasers for Value

1.Donees

2.Cancellation of a Prior Debt

3.Payment of Less Than Full Consideration

4.Promise to Pay

5.Payment of Part of the Price——Alternative Solutions

D.Encumbrancers

1.Where the Encumbrance Is Not Taken in Reliance on the Records

E.Creditors

1.General(Unsecured)Creditors

2.Judgment and Attachment Creditors

3.Execution Purchasers

Ⅶ. Limitations of the Recording System

A.Interests Not Arising Out of Written Instruments

1.Adverse Possession and Prescriptive Easements

2.Easements by Necessity

3.Easements by Implication

B.Interests Arising Out of Non-recordable or Excepted Instruments

Chapter Eleven.Title Insurance

Ⅰ.Searching Title

Ⅱ.Preliminary Title Reports and Title Insurance

Ⅲ.Title Risks

A.Covered Risks

B.Excluded Risks

1.Grantee s Knowledge of Failure to Pay Value

2.Defects Discoverable by Investigation Outside the Records

3.Subsequent Defects

Ⅳ.Relief Under the Policy

A.Title Company Options

B.Duration of Coverage

Chapter Twelve.Mortgages

Ⅰ.The Significance of a Mortgage

A.Secured and Unsecured Debts

B.The Advantage of Holding a Mortgage

C.The Peculiarities of Mortgage Law

1.The Fee Simple Subject to Condition Subsequent

2.The Equity of Redemption

3.Foreclosure

4.Mortgagor Protection Rules

a.Deficiency Rules

b.Waiver Prohibitions

5.Nondiscrimination in Lending

D.Title or Lien

Ⅱ.Mortgage Instruments

Ⅲ.Possession and Rents

Ⅳ.Priorities

Ⅴ.Transfers by the Parties

A.Transfers of the Mortgaged Property

B.Transfers of the Mortgage Paper

PART THREE.MISCELLANEOUS PROPERTY DOCTRINES

Chapter Thirteen.Airspace

Ⅰ.Lower Airspace

Ⅱ.Upper Airspace

A.Trespass

B.Nuisance

C.Taking

Chapter Fourteen.Water

Ⅰ.Stream Water

A.Preferred Privileges of Use

B.Correlative Privileges of Use

C.Appropriation Systems

Ⅱ.Surface Water

Ⅲ.Underground Water

Chapter Fifteen.Support

Ⅰ.Support of Unimproved Land

A.The Absolute Right to Support

B.Persons Liable

Ⅱ.Support of Improved Land

A.Extent of the Obligation

B.Measure of Damages

C.Statutory Changes

Ⅲ.Agreements Regarding Support

A.Release of Support Rights

B.Acquisition of Support Rights

Chapter Sixteen.Agreed Boundaries

Ⅰ.Difficulties in Ascertaining Boundaries

Ⅱ.Agreeing on a Boundary

Ⅲ.Acquiescence

Ⅳ.Effect

Chapter Seventeen.Fixtures

Ⅰ.Factors in Determining What Is a Fixture

Ⅱ.Where the Annexor Also Owns the Real Property

Ⅲ.Where the Annexor Does Not Own the Real Property

Chapter Eighteen.Trespass

Ⅰ.The Protection of Possession

Ⅱ.What Is a Trespass

A.Intrusions Not by the Trespasser

B.Touching the Boundary

C.Above and Below the Surface

Ⅲ.Privileged Entries

A.Consent

B.Social Need

C.Property Rights

Ⅳ.Remedies

A.Nominal Damages

B.Compensatory Damages

C.Punitive Damages

D.Equitable Relief

E.Relief According to the Status of the Plaintiff

Chapter Nineteen.Nuisance

Ⅰ.Nuisance Versus Trespass

Ⅱ.Determining Whether There Is a Nuisance

Ⅲ.Relief

Ⅳ.Public Nuisance

Chapter Twenty.Land Use Regulation

Ⅰ.Types of Land Use Regulation

A.Zoning

1.Typical Zoning Devices

a.Lot,Building and Use Regulations

(1)Lot Regulations

(a)Minimum Lot Size

(b)Minimum Frontage

(2)Building Regulations

(a)Height

(b)Bulk

(c)FAR

(d)Minimum Floor Space

(e)Architectural and Site Plan Review

(3)Regulations on Activities

(a)Residential

(b)Commercial

(c)Industrial;Performance Standards

2.Mapping

a.Size of the Zone;Spot Zoning

b.Zoning Boundaries

3.Special Zoning Tools

a.Special Exceptions(Conditional Uses)

b.Floating Zones

c.Cluster Zoning

d.Planned Unit Development

e.Holding Zones

4.Zoning Relief

a.Variances

b.Rezoning(Amendments)

c.Contract Zoning

B.Subdivision Regulation

1.What Is a Subdivision

2.The Subdivision Process

3.Subdivision Exactions

C.Growth Management

D.Landmarks and Historic Districts

E.Environmental Protection

F.Eminent Domain

Ⅱ.The Land Use Regulation Process

A.Who May Regulate Land

1.Federal Regulation

2.State Regulation

3.Regional Regulation

4.Local Regulation

5.Citizen Regulation

B.The Planning Process

1.The Comprehensive Plan

2.The Planning Commission

3.Land Use Ordinances

4.Interim Ordinances

C.Enforcement

1.Nonconforming Uses

Ⅲ.Judicial Review

A.The Role of the Judiciary

B.Grounds for Invalidation

1.Arbitrary and Capricious

2.Due Process

3.First Amendment and Associational Rights

a.Speech and Religion

b.Association

4.Taking

a.The Nature of the Government Activity

b.The Nature of the Owner s Property Interest

c.The Extent of the Loss

d.The Public Benefit

e.Sharing the Loss

f.Mitigation and Compensation Measures

g.Relief

5.Exclusionary Zoning

a.Federal Courts

(1)Constitutional Protection

(2)Statutory Protection

b.State Courts

INDEX