Structural Outline of the Anglo-American Legal System's Scheme of
Recognizing and Enforcing Private Interests in Real Property
I. Possessory Estates and Future Interests
A. Freehold Estates (seisin; dower & courtesy)
1. Freehold Estates of Infinite or Indefinite Duration
in GRANTEE GRANTOR THIRD PARTY
FSA -- --
FS -- sh or sp EI
FSD POR --
FonCS Rt/E --
2. Freehold Estates of Definite Duration
LE Rev or REM: VR abs, or
or or : VR subj to open, or
or : VR subj to total div., or
FT Rev REM: CR
B. Non-Freehold Estate (Possession; not seisin)
T/Y Rev or VR or sp EI
T/Pd Rev or VR or sp EI
TatW Rev or VR or sp EI
C. Common Law Technical Rules
1. Merger
2. Rule Against Perpetuities
3. Destructibility of Contingent Remainders
4. Rule in Shelly's Case
5. Doctrine of Worthier Title
II. Non-Possessory Interests (Creation/Scope/Duration)
A. Easements and Profit á prendre
1. affirmative/negative
2. appurtenant/in gross
3. express/implied-in-fact/necessity/prescription
B. Real Covenants
1. formalities (Statute of Frauds)
2. intent: benefit and burden
3. "touch and concern": benefit and burden
4. privity of estate: vertical, horizontal, substitutional
or tennurial
C. Equitable servitude - notice
1. formalities?
2. intent: benefit and burden
3. "touch and concern": benefit and burden
4. privity of estate?
D. License
1. revocable
2. irrevocable: "acted upon"; estoppel; part performance
III. Concurrent Ownership of Estates (Freehold and Non-Freehold)
A. Type
1. Cotenancy - unity of possession
2. Joint Tenancy - unities of time, title, interest and possession
3. Tenancy by the Entireties - unities of time, title, interest,
possession and person
B. Nature of Relationship
1. Fiduciary
2. Rights to Possession (use and enjoyment)
3. Duties (accounting & contribution)
4. Partition
IV. Requirements for Effective Transfer of Estate or Interest
A. Intent
B. Formalities (Statute of Frauds or Statute of Wills)
C. Deed/lease: Covenants for Title
1. seisin or right to convey; against encumbrances;
warranty (and quiet enjoyment)
2. types of warranties: General, Special [Quiclaim]
D. Delivery; escrow; relation back
E. Priorities: common law; recording statutes and public records;
BFPFVWON; record, constructive, and inquiry notice
F. Adverse possession (OCHEAN): statute of limitations
V. Status and Contract Rights, Duties, Powers, and Privileges of Holder of
an Estate or Interest in Real Property
A. Possession: rights and duties re third parties; trespass
B. Possession: rights and duties re holders of an other or the same estate
or interest in the same land: cotenancy//present and future interests/
/lease/assignment/sublease (privity of estate; privity of contract)
1. rights, duties, powers, and privileges arising out of mutual
agreement (contract); privity of contract
2. rights, duties, powers, and privileges arising in the absence
of mutual agreement: e.g., waste, implied covenant of quiet
enjoyment, implied covenant or warranty of habitability
C. Rights, duties, powers, and privileges created by previous owners
of the same estate or interest
1. easements :
2. covenants in deeds or leases :
(a) for title :
(b) real covenants : : scope
3. equitable servitudes :
4. conditions: Rt/E : : duration/termination
5. limitations: POR : : (also abuse or surcharge)
6. licenses : :"executed" or "acted upon,"
estoppel, part performance
V. Public Controls of Land Ownership and Use
A. Police Power (Regulation): public health, safety, morals and
general welfare; reasonableness of means; not arbitrary,
capricious, or an abuse of power, nor unduly oppressive on individuals
B. Eminent Domain: takings must be for public purpose and government
must provide "Just compensation" to the owner of the property
interests it appropriates.
C. Regulatory Takings
1. The character of the governmental action (invasive or regulatory);
2. The economic impact of the regulation on the claimant (Does
claimant still have any economic use of land available to it);
3. The extent to which the regulation has interfered with
reasonable ("distinct") investment-backed expectations.
Caveat: I am certain that some very central concepts have been omitted
from this list, including the conflicting policy considerations (Central
Operating Principles 1 through 4) which keep property law dynamic.
Other essential concepts are hidden within a single word here and there.
This structure may not mean anything to you. If that is the case, disregard
it entirely and concentrate on those learning tools which work best for you.
C. Fox