• What can a person who holds property What can a person who holds property in fee simple absolute do with the in fee simple absolute do with the property?property?• What are the requirements for acquiring What are the requirements for acquiring

property by adverse possession?property by adverse possession?• What limitations may be imposed on the What limitations may be imposed on the

rights of property owners? rights of property owners?

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• What is a leasehold estate? What types What is a leasehold estate? What types of leasehold estates, or tenancies, can of leasehold estates, or tenancies, can be created when real property is leased?be created when real property is leased?• What are the respective duties of the What are the respective duties of the

landlord and the tenant concerning the landlord and the tenant concerning the use and maintenance of leased use and maintenance of leased property? property?

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• Real property is immovable and Real property is immovable and includes: includes: –Land: land includes the soil, and all

natural and artificial structures on it (unless agreed otherwise). –Airspace and Subsurface Rights:

subsurface rights can be titled and sold separately.

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• Real property is immovable and includes Real property is immovable and includes (cont’d): (cont’d): –Plant Life and Vegetation: crops can be sold

separately.–Fixtures: personal property which is

permanently attached to land.• CASE 44.1 APL Ltd. v. State of Washington APL Ltd. v. State of Washington

Department of Revenue Department of Revenue (2010). Why were the cranes fixtures?

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• Ownership in Fee Simple Ownership in Fee Simple absolute absolute gives the owner the greatest gives the owner the greatest aggregation of rights, powers and aggregation of rights, powers and privileges possible under American law.privileges possible under American law.–Owner has indefinite right to exclusive

possession and use of property.

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• Life Estates.Life Estates.–Estate that lasts for the life of some

specified individual. –During life tenant’s ownership, she can

possess, use, and take the fruits of the estate, but not take from the property itself.

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• Nonpossessory Interests.Nonpossessory Interests.–Easement: right of a person to make

limited use of another person's real property without taking anything from the property. –Profit: right to go onto another’s land

and take away some part of the land itself or some product of the land.

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• Nonpossessory InterestsNonpossessory Interests (cont’d). (cont’d).–Easement or Profit Appurtenant:

owner of property (dominant) has right to go onto adjacent property (servient). Easement goes with the land at sale or transfer.

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• Nonpossessory InterestsNonpossessory Interests (cont’d). (cont’d).–Easement or Profit in Gross: right to

go onto non-adjacent property by business or utility company. Easement goes with the land at sale or transfer.

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• Nonpossessory InterestsNonpossessory Interests (cont’d). (cont’d).–Creation of an Easement or Profit:•Must be in writing created by deed,

contract, or will. • Can be created by implication.• Can be created by necessity.• Can be created by prescription.

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• Nonpossessory InterestsNonpossessory Interests (cont’d). (cont’d).–Termination of an Easement or Profit.–License: revocable right of a person to

come onto other person’s land. Grants no interest in the land.• CASE 44.2 Roman Catholic Church of Our Roman Catholic Church of Our

Lady of Sorrows v. Prince Realty Lady of Sorrows v. Prince Realty Management, LLC Management, LLC (2008). How could the defendant have protected itself better?

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• Deeds: Deeds: written instrument setting forth written instrument setting forth the interests in real property being the interests in real property being transferred. Necessary components:transferred. Necessary components:–Names of Grantor and Grantee.–Words evidencing intent to convey.– Legally sufficient description of the land

(including metes and bounds).–Grantor’s Signature.–Delivery of the Deed.

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• Deeds:Deeds:–Warranty Deeds.–Special Warranty Deed.–Quitclaim Deed.–Grant Deed.–Sheriff’s Deed.

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• DeedsDeeds (cont’d). (cont’d).–Recording Statutes. • Recording a deed (or any interest in real

property) puts the public on notice of the new owner’s interest in the land and prevents the previous owner from fraudulently conveying the same interest to another buyer.

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• Will or InheritanceWill or Inheritance: : property is property is transferred upon death by will or state transferred upon death by will or state statute.statute.• Adverse PossessionAdverse Possession: : when person when person

possesses land of another for a certain possesses land of another for a certain statutory period of time, she automatically statutory period of time, she automatically acquires title to the land, just acquires title to the land, just as if there as if there had been had been a conveyance by deed. a conveyance by deed.

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• Adverse PossessionAdverse Possession: (cont’d).: (cont’d).–Must be:• Actual and exclusive.• Open, visible and notorious.• Continuous and peaceable.• Hostile and adverse.

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• Eminent DomainEminent Domain. The Fifth . The Fifth Amendment gives the government the Amendment gives the government the right to take (condemn) private land right to take (condemn) private land for “public use” with just for “public use” with just compensation to owner. compensation to owner. –CASE 44.3 Drake v. Walton County Drake v. Walton County

(2009). Was the government’s diversion of water a “taking” ?

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• Created when owner or lessor Created when owner or lessor conveys right to possess or use the conveys right to possess or use the property to a lessee (tenant) for property to a lessee (tenant) for certain period of time.certain period of time.• Fixed-Term Tenancy Fixed-Term Tenancy (or Tenancy for (or Tenancy for

Years): express contact for specified Years): express contact for specified period of time. period of time.

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• Periodic TenancyPeriodic Tenancy: no definite : no definite duration, but rent paid at certain duration, but rent paid at certain intervals.intervals.• Tenancy at Will: Tenancy at Will: termination of lease termination of lease

without notice.without notice.• Tenancy at SufferanceTenancy at Sufferance: tenant : tenant

wrongfully possesses property.wrongfully possesses property.

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• Lease Agreement can be oral or Lease Agreement can be oral or written (oral may not be written (oral may not be enforceable). enforceable). • Lease gives Tenant the temporary Lease gives Tenant the temporary

right to exclusively possess the right to exclusively possess the property.property.

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• Rights and DutiesRights and Duties..–Possession: tenant has “covenant of

quiet enjoyment.” • Landlord has a duty to deliver actual (or

right to) physical possession. • Eviction: landlord interferes with tenant’s

right to possession. Constructive eviction : landlord fails to perform duties under the lease, making use of premises impossible.

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• Rights and DutiesRights and Duties (cont’d). (cont’d).–Use and Maintenance of the Premises.• Tenant is responsible for damages to

property, and cannot be a nuisance and interfere with others quiet use of property. • Landlord is responsible to maintain

common areas such as stairs, pools, and elevators.

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• Rights and DutiesRights and Duties (cont’d). (cont’d).–Implied Warranty of Habitability:

premises are safe and habitable for humans to live in. Landlord is responsible to keep leased premises in good repair.–Rent: rent can be withheld but it must

be put into escrow pending repairs.

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• Transferring Rights to Leased Transferring Rights to Leased Property.Property.–Assignment: lessee can transfer lease

to assignee, if allowable under lease. Assignor is still liable for rent.–Subleases: tenant transfers all or part

of premises for less than duration of lease.

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