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First in Time and Right
Finders Keepers: an understanding between European states to prevent territory wars outside Europe. Req'd to improve the land to stave off other claimants. Can’t just plant a flag and leave.
right of occupancy
you’ve got the right to be there, for now, at the pleasure of the possessor (usually the government.

chain of title
tracing the rights to the property from a beginning to now. in Mcintosh that chain was anchored in discovery plus posession/conquest.
ratione soli / absolute ownership doctrine
the wild animal, mineral resource, water, etc. is “owned” by the person who owns the land upon which the animal sits. Whatever you can grab on your land is yours, regardless of its impact on others.
title of occupancy
I’ve killed it, so it’s mine. Or I’ve trapped it, forced it to submit to my dominion, so it’s mine.
the person obliged to do s/t
s/o with the right to receive the thing
the person who transfers his rights under the contract
the person who receives the right transferred.
the person who has a duty to do s/t
the person who takes over that duty
How to establish ownership farea naturae
To establish ownership over something ferae naturae (wild), you must manifest or give notice of your intent to appropriate the thing, you must demonstrate that notice, you must claim the thing exclusively (not for everybody) and deprive of its liberty (trap or grievously wound)
Adverse Possession
All Cows Eat On Hills
To adversely possess a piece of land, the possession must be actual, hostile, exclusive, open and notorious, and continuous. The possesor must manifest, through possession of the land for its regular purpose and duration, an intent to be the owner, regardless of knowlege of true ownership and must defend her claim to ownership. The actions of the adverse possessor must give the true owner an opportunity for notice that the land is being claimed by another.
freehold possession under a claim of right on land.
ad coelum
if you own a piece of land on the surface of the earth, Blackstone says you own the surface but also everything to the center of the earth and above you to the outermost heavens*.
* but not into space
statutes of disability
the statute of limitations for adverse possession can be extended if the true owner was legally incompetant (childhood, disability, insanity) at the instant the adverse claimant arrived.
a close relationship or mutual right or interest.
an adverse possessor can convey his interest in the property to his successor adverse possessor only if there’s privity between the two parties. The two adverse possessors’ interests combine to meet the statute of limitations. Must be an uninterrupted possession.
rights of possession:
exclusion of others, remainder, resist efforts by other non owners to takeover possession.
CL rule that says you shouldn’t buy into a lawsuit. Court’s won’t help out if you make a purchase for the sole purpose of trying to cash in on a dispute. In this case s/o tried to take advantage of the situation and sell out from under the adverse possessor.
Color of Title:
a claim to title which appears valid, but may be legally defective.. eg. deed is color of title.
or feif: a tenant’s interest in land that he gets under an agrement from his lord.
Fee Simple absolute
(fee simple): A tenant’s interest in land that endures until the current holder dies without heirs.
freehold estate/alienable fee simple
a tenant’s interest in land that endures regardless of Lord’s will. It can be passed to whomever the tenant wishes at will.
persons who survive the decedent and are designated as intestate successors under state statute. Had no inherent future intst. Their inheritance dies w/ them if they die before the prop’ty owner. only blood relatives or adoptees or spouses.
descendants. They are the first line of heirs.
all persons related by blood to the decedent who are neither descendants nor parents.
Fee simple conditional
a fee simple conditioned on the tenant having issue.
Fee Tail
conditions of inheretance put on the estate to keep it in the family. estate in land created by conveyance that defines who precisely may inherit. It ends when all of the fee tail creator’s designated descendants are dead. An inheritor does not control who gets the estate upon his death.
life estate
an interest in an estate only for the inheritor’s life, then it passes to whomever the deceased tenant next designated as inheritor.
adverse possession against a lifetime estate
no adverse posession. ONly a right to possess for that tenant’s life. Can only adversely possess free hold. But if the adverse possession starts during a freehold which then goes into a life estate followed by a remainder, the clock continues.
Contract for a term
like a life estate it grants possession to a named person for a designated period of time (O to A for 10 years, then to A’s children).
Right of Entry
transfers and estate subject to condition subsequent and retains the power to cut short or terminate the estate.
Executory interest
a future intst in a transeree that must, in order to become posessory, dievest or cut short some interest in antoher transferee or divest the transferor in the future.
Fee simpl subject to an execuory limitation:
a fee simple that conditions inheritence upon some event (O’s land goes to A but if A dies w/o issue then upon A’s death it goes to B)
interest left in an owner when he carves out of his estate a lesser estate and does not provide who is to take the property when the lesser estate expires. A remnant of an estate that has not entirely passed away from the transferor. (O  conveys land to A for life, then to B and her heirs if B survives A. … if B dies before A, then O gets the land back at A’s death).
Executory interest
a future interest conditioned upon s/t happening after the expiration of the previous possessory interest. It must divest or cut shor s/o else’s interest. (O to A for life, then to B if he reaches the age of 21.) No conditions precedent.  May file waste actions.divests or cuts short the preceeding interest.
a future interest that will or may become a present interest in someone other than the creator or his successors in interest immediately upon the natural expiration of a prior particular estate created by the same instrument. 1.  Indefeasibly Vested; 2. Vested subject to partial defeasance; 3. Vested subject to complete defeasance; 4.  Subject to condition precedent/contingent
Vested remainder
given to an ascertained person and is not subject to a condition precedent. May file waste actions.
indefeasibly vested remainder
remainder is certain of becoming possessory in the future and cannot be divested (O conveys to A for life,  then to B and her heirs. B has indefeasibly vested remainder).  May file waste actions.
Contingent remainder
given to an un-ascertained person or is made contingent upon some event or action occurring to the land (not personal conditions like age). Not assignable during the tenant’s life or inheritor’s life. unreachable by creditors. Subject to rule against perpetuities. May file waste actions.
when an interest is passed to the holder of a vested remainder after the previous’ interest holder’s interest ends, but the terms put upon that interest haven’t run. (o to A for life then to B. But A “releases” the life estate. b/c B’s interest is vested and A is still alive, it goes to B. If B’s interest were contingent or executory there would be no acceleration.).
vested remainder subject to divestment by executory interest
A vested remainder that can only become possessory if some executory interest does not push it out. (O to A for life, then to A’s children, but if at A’s death she is survived by no children, then to B.   Any children born to A and their heirs get an interest so long as one child of A survives A. If no child of A survives A, then all interests go to B).
fee simple subject to executory limitation
a fee simple that upon the happening of some stated event, is automatically divested by an executory interest in a transferee (O conveys to A and his heirs, but if A dies w/o issue to B and her heirs. A has possessory fee simple subject to executory limm, B’s interest is only possessory by divesting A).
subject to open:
a class gift (to all A’s children) So one member’s interest may be decreased by addition of new members of the class.
uniform and simultaneous death act
if it’s impossible to determine the first to die then treat each as having survived the other.
tenancy by the entirety
between spouses. Can only be conveyed w/ permission of both. Broken by divorce.
tenant in common
equal rights to possess all the property all the time, no survivorship.
Concurrent ownership
co-ownership interest in the same property. All concurrent owners must agree to seer a cotenancy.
the privilege of each co-owner in a joint tenancy or tenancy in common (but not tenancy by the entirety) to transform a concurrent  estate into estates held in severality.
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