90558002 Real property Flowchart PDF

Preview

Summary

Barbri outline. Barbri outline. Barbri outline. Barbri outline....

Description

Dedicated Exclusively to the California Bar Exam

Bar Review

REAL PROPERTY & REAL PROPERTY REMEDIES (Summary Flowcharts)

Copyright© 2009 by BarPassers Bar Review. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Printed in the United States of America.

BLANK

REAL PROPERTY

LAND ACQUISITION

LAND USE

Adverse Possession

Easements Covs R/L & Q/Svtds Support Rts Water Rts Govt. Control

Land Sale K Conveyancing Deeds Delivery Recording Act

FUTURE INTERESTS

FEE CONCURRENT INTERESTS

LANDLORD & TENANT Basic Problems Effect of Transfer

39

ESTATES & FUTURE INTERESTS Possessory Future Basic Rules Concurrent

LAND ACQUISITION ADVERSE POSSESSION Horizontal

ELEMENTS

Physical

Permissive Entry

Mental

Good Faith / Boundaries

SCOPE

Vertical Future

Co-Tenants

DISABILITIES

Statute True Owner

Time Tacking

Infancy Insanity Imprisonment

RIGHTS Adverse Possessor

LAND SALE CONTRACT Land

S

B $

X

Z

Y Memo

Payment

Formation

Evidence Exception

pp Estoppel

Improve Title (marketable) CONTRACT

Performance Tender & T of E

SP Remedy Damages Seisin Right to Convey Encumbrances COVENANTS Quiet Enjoyment Warranty Further Assurance

39A

CONVEYANCING A A

B C

Parties Gives Deed to Grantee

DELIVERY: Grantor

DEEDS

Retains Deed

Presumptions/Rebutting Evid.

Words of Transfer Gives Deed to 3P Donative Description

Commercial

Grantor's Signature

1)

Is the claimant a person protected by the statute? Purchaser for value Mortgagee New Debt Old Debt

RECORDING ACT

2)

Judgment Creditor Heirs

Is the transaction protected by the statute? Type of statute:

Grantee takes an interest

Notice Race Notice Race a)

w/o notice w/o notice & records first

Did he have notice? Actual Inquiry Constructive Deeds recorded early Deeds recorded late Wild deeds Collateral documents

b)

39B

Did he record first?

& records first

LAND USE: NON - POSSESSORY INTERESTS

WEST X

A

EAST

R O A D

Express (Fee?) CO

LAKE Implication A

B

A1

B1

Reasonable Necessity Prior Use: Quasi-Easement CO

Necessity Strict Necessity Prescription

Creation

Reasonable Use

Public Use

Holder

EASEMENTS

Appurtenant vs. In Gross: Transferable

Scope

Merger Servient

Severance Holder Abandonment Termination

Surcharge

Destruction

PROFITS

Revocable

LICENSES

Prescription Coupled with Interest

Irrevocable

Others

Estoppel

BFP Executed: Easement by Estoppel

39C

COVENANTS & SERVITUDES Dominant (Benefitted)

Servient (Burdened)

A

B

A1

B1

Writing

Remedy $

Covenants

Required

Equitable Servitudes

Required

Injunction

Implied Reciprocal Servitudes

Not required in ª’s deed

Injunction

A v B: Contract Covenants Touch & Concern A v B1

Intent

A1 v B

Notice (B or B1)

A 1 v B1 Privity

Horiz Vert

A v B: Contract Equitable Sevitudes A v B1 A1 v B

Touch & Concern Intent

A 1 v B1 Notice (B or B1)

Implied Reciprocal Servitudes

A v B: Contract

A v B1

Common Scheme

A1 v B A 1 v B1

39D

Notice (B or B1)

LANDLORD & TENANT LL

How Created?

Years Periodic Will Sufferance

T Term & Termination?

BASIC PROBLEMS: LL&T (RP or K?)

TENANT’S DEFENSES Failure to deliver possession

Antic. Breach?

Eviction

Years

Actual Constructive

Duty to mitigate? Surrender Open term

Periodic

RENT

Holdover

Destruction Warranty of Habitability

Will Offsets Sufferance

Statutory

K Concepts Cov. to repair Warranty / statutory

LL

Tort

CONDITION OF PREMISES

Cov. to repair Waste

T

Tort Traditional

Force

POSSN

No breach

Notice Law

Equitable

Lawsuit Modern

Warranty/statutory Retaliatory

Trade fixtures

RETAIN IMPS

EFFECT OF TRANSFER Privity w/LL? LL

T

LL-1

T-1 T-2

Liability to LL for breach

Orig. T

Contract

ALL

Aee

Estate

Dur’g his stay

Sblsee

None

None

Dumpor’s case

39E

ESTATES & FUTURE INTERESTS

Absolute Simple

Fee simple determinable Defeasible

Fee

Fee simple on condition subsequent Fee simple subject to executory limitation

Tail Grantee Possessory

Life

Term

3rd party Years Periodic Will Sufferance

Tenacy in common Joint tenancy

Concurrent

Severance

Tenacy by entireties

Possibility of reverter Grantor

Right of entry Reversion

Future Absolutely

Executory interest Vested

3rd party Remainder

Subject to open Contingent

39F

Subject to condition subject

BLANK

LAW SCHOOL BENEFITS* $250 down payment locks in Bar Review Course tuition & entitles Enrollee to: Volume I – 8 First Year Subject Outlines - Contains detailed substantive law outlines for all First-year subjects including Torts & Torts Remedies, Contracts & Contracts Remedies, Real Property, Constitutional Law, Criminal Law, Criminal Procedure and Evidence.

Volume II – 6 Upper Division Subject Outlines - Contains detailed substantive law outlines for Upper-level subjects including Wills, Trusts, Community Property, Business Associations (Corporations, Agency, Partnership & LLC’s), Civil Procedure and Professional Responsibility.

Multistate Professional Responsibility Exam (MPRE) Home Study Program - For students taking the March, August or November MPRE, BarPassers offers a 4-hour lecture on audio CD with lecture handout, substantive law outline and four 60-question practice exams with explanatory answers. $450 down payment locks in Bar Review Course tuition & entitles Enrollee to the above, plus: 1. First Year Program, including: a. iPod® - Enrollees receive an iPod® containing almost 45 hours of instruction, including substantive review and essay writing workshops for Torts, Contracts, Criminal Law, Real Property and Civil Procedure. The substantive review lectures provide an overview of each subject, while the essay writing workshops highlight frequently tested issues of law, teach issue-spotting approaches and explain how to properly develop and organize an essay answer. b. First Year Volume - This book contains flowchart handouts and essay hypotheticals for the review lectures and writing workshops contained on the iPod®. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They are also used in the workshops to develop issue-spotting approaches and to simplify exam outlining. This book also contains 15 additional essay hypotheticals with model answers for practice. These may be submitted for grading; additional charges apply. 2. Baby Bar Review (if applicable) - BarPassers offers a complete home study review program for students planning to take the June or October Baby Bar Exam. Enrollees receive an iPod® containing substantive review lectures and essay writing and multiple choice skills workshops for Torts, Contracts and Criminal Law. Enrollees also receive our Baby Bar Review Volume which contains flowchart handouts for the review lectures and essay and multiple choice hypotheticals for the workshops. Additional essay and multiple choice questions are included in the volume for practice. Exam grading is also available for an additional charge. For added flexibility, home study programs are available at any time.

$1000 down payment locks in Tutorial Program tuition & entitles Enrollee to the above, plus: 1. Upper Division Program, including: a. iPod® - Enrollees receive an iPod® containing over 32 hours of substantive review, including lectures covering Constitutional Law, Criminal Procedure, Evidence, Wills, Trusts, Community Property, Business Associations (Corporations, Agency, Partnerships & LLC’s) and Professional Responsibility. b. Upper Division Volume - This book contains flowchart handouts for the review lectures contained on the iPod®. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They can also be used to develop issue-spotting approaches and help to simplify exam outlining.

1.800.227.7277 www.barpassers.com *Effective 08/11/09; subject to change without notice....