Property Law

This lesson is an introduction to the Uniform Statutory Rule Against Perpetuities. As such, it addresses the basic concepts a first year Property student is likely to encounter when analyzing this statute.

This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.

This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.

This lesson in landlord-tenant law addresses the tenancy at will, also known as the estate at will. Topics include creation of the tenancy at will by express agreement, creation by implication, and termination of the tenancy at will by notice. Hybrid transactions in which one or both parties relinquish or modify their right to terminate at any moment are also considered.

This lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit.

This exercise introduces one of the most significant vehicles for acquisition of an easement without the agreement of the servient landowner. Prescriptive Easements (also known as Easements by Prescription) arise out of open, notorious, adverse and continuous use of another person's land for the statutorily determined period of time. Through this use, a person essentially "adversely possesses" an easement over another's land. This tutorial introduces the user to the significant hurdles that face a claimant of an easement by prescription.

This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it.

This lesson is designed to introduce the novice to the essential concepts of the common law Rule Against Perpetuities. It is presumed the reader has a basic understanding of estates and future interests. This Lesson is designed, also, to help the student develop an analytical approach to solve problems arising under the rule.

This lesson in landlord-tenant law addresses the periodic tenancy, also known as the periodic estate. Topics include creation of the periodic tenancy by express agreement, creation by implication, and termination of the periodic tenancy by notice. Hybrid transactions, which combine elements of the periodic tenancy and the term of years, are also considered. A sample essay exam question is included.

This lesson concludes the set of lessons on adverse possession with a series of review questions (including true-false, multiple choice, and essay questions) to test overall student understanding of the various elements of the adverse possession standard, as explored in the earlier lessons. This lesson may prove most helpful to students when reviewing the doctrine of adverse possession as part of their exam preparation.

This lesson follows up and builds upon the material in the lesson on Inter Vivos Gifts, but focuses instead upon transfers at death or in anticipation of death.

This lesson will examine the life estate, the shortest freehold estate in land recognized by Anglo-American law.

This lesson is the fourth of several addressing the various issues relating to the concurrent ownership of property. It is designed to introduce Property students to the rights and obligations co-tenants have when dealing with property held by a concurrent estate. The lesson addresses each respective tenant’s possessory rights, obligations for costs and expenses relating to the subject property, potential for ousting another co-tenant, and liabilities in the event of having ousted another co-tenant.

This lesson addresses the application of the statute of frauds to leases of real property. Topics include the conveyance and contract provisions of the statute; the contents of the lease document that are required to comply with the statute of frauds; the effect upon the parties when a tenant takes possession under an invalid oral arrangement; the doctrine of part performance; and the statutory exception for short-term leases.

This lesson in landlord-tenant law covers the tenancy for years, also known as the estate for years, term for years, or term of years.

This lesson will introduce students to the estate in fee tail, one of the traditional estate in land recognized by Anglo-American Law. While the fee tail has been abolished in most American jurisdictions, it continues to be recognized in modified form in a few states. Understanding the fee tail will give you a better understanding of the system of estates in land as a whole.

This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts.

This lesson is the third of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The lesson progresses from addressing the traditional elements required to create a tenancy by the entirety, the resulting right of survivorship and the events severing the tenancy. Also, it deals with the status of the tenancy by the entirety under modern statutes.

This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law; including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules.

This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.

This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.

This lesson focuses upon the requirements that claims of adverse possession must be exclusive, continuous (without interruption), and that the possessor must satisfy all elements of the adverse possession standard for the applicable statutory period.

This lesson examines the distinction between easements appurtenant (easements that exist to benefit another parcel of land) and easements in gross (easements that benefit an individual or business entity without regard to his or its ownership of land). The distinction is a crucial one in determining who is entitled to the benefit of the easement and how the easement may be used.

This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson.