Real.property Flowchart

 Dedicated Exclusively Exclusively to the California California Bar Exam

Bar Review

REAL PROPERTY & REAL PROPERTY REMEDIES

(Summary Flowcharts)

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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

B

A

C

Parties Gives Deed to Grantee

DELIVERY:

DEEDS

Grantor

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 ’s deed

Injunction

A v B: Contract Covenants

Touch & Concern A v B1

Intent

A1 v B

Notice (B or B 1)

A1 v B1 Privity

Horiz Vert

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

Touch & Concern Intent

A1 v B1 Notice (B or B 1)

Implied Reciprocal Servitudes

A v B: Contract

A v B1

Common Scheme

A1 v B A1 v B1 39D

Notice (B or B 1)

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

Destruction

Holdover

Will

Offsets

Sufferance

Warranty of Habitability 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

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