PROPERTY

I. Intro
A. Difficult because of volume
B. Organization key
1. 5 classifications
a. Freehold estates – give possession of property under some legal title
i. Fee simple
ii. Fee tale
iii. Life estates
b. Non-freehold estates – give mere possession (not legal title)
i. Tenancy for years
ii. Tenancy from period to period
iii. Tenancy at will
iv. Tenancy at sufferance
c. Concurrent estates
i. Joint tenancy
ii. Tenancy by entirety
iii. Tenancy in common
d. Non-possessory interest in land (incorporeal interests)
i. Easements
ii. Profits
iii. Covenants running with the land
iv. Equitable servitude
v. Licenses
e. Future interests
i. Reversion
ii. Possibility of reverters
iii. Rights of reentry
iv. Remainders
v. Executory interests
C. Three other areas of prop law
1. Rights incident to possession
a. Adverse possession
b. Lateral/subjacent support
c. Water rights
2. Conveyances
a. Conveyance
b. Deeds
3. Mortgages

II. Freeholds Estates – give some possessory right by legal title

FEE SIMPLE
A. Fee simple absolute – most extensive estate a person can own (of almost infinite duration)
1. Largest estate known to law
2. Denotes maximum of legal ownership
3. At CL – words had to include “to grantee and his heirs”
a. Construed as words of limitiations (where a grantor makes a grant to someone else, in order
i. Words of Limitation indicate what is taken (quantum/size of the estate)
ii. Words of Purchase indicate the grantee (person who takes the property)

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 4. Modern law does away with “and his heirs” can be simply X conveys Blackacre to B (good enough)
a. As in US don’t have to ‘and his heirs’
B. Fee simple defeasable – can be defeated
1. Fee simple determinable
a. Created to continue until happening or nonhappening of stated event
i. When event occurs – automatic reverter to owner
- X conveys Blackacre to B so long as prop is used as a school –
- Typical words: SO LONG AS, DURING, UNTIL, WHILE
- Possibility of reverter to grantor IF event occurs/doesn’t occur then have
AUTOMATIC reversion
2. Fee simple subject to condition subsequent
a. Fee simple estate that MAY be terminated by happening/nonhappening of stated event or
contingency
i. EX: X owner in fee conveys Blackacre to A and his heirs, but if Blackacre is not used as
a farm, then X may reenter the land
ii. Right of reentry for broken condition gives OPTIONAL right to grantor/heirs
iii. Words generally used to create FSStoCS
- On condition that; subject to condition that; but if
3. Fee simple subject to an executory interest
a. Fee simple estate where the happening/nonhappening of a stated event changes rights from one
grantee to another
i. Main distinction – NO REVERSION TO GRANTOR –
ii. Title shifts from one GRANTEE to ANOTHER GRANTEE
- EX: X owners in fee conveys Blackacre to A so long as it is used as a farm, if
Blackacre not used as a farm, then to B (from one grantee to another
- EX: X by deed conveys Blackacre to A and his heirs, but if A dies without issue at
his death, then to B and his heirs (shifting executory interests)
iii. Springing executory interests – from grantor to grantee, then after some time grantor to
another grantee
C. Fee tail
1. Created by words: to B and heirs of his body – inheritance restricted to linear descendents of B
a. Was permissible for grantor to restrict inheritance to particular group of descendents
i. EX: grant to Male and male heirs of his body
ii. EX: grant to Female and female heirs of her body
b. Lineal heirs covers sons, daughters, grand children, great grand children
c. Collateral heirs covers nieces, nephews, uncles, aunts, cousins
D. Life Estates
1. Is a freehold estate where duration is measured by the life or lives of one or more human beings
a. EX: X conveys Blackacre to A for life
2. Life estate Per Otra V – where life estate is measured by the life of someone other than grantee
a. EX: X conveys Blackacre to A for the life of B
3. Dower – a widow was entitled upon death of husband to life estate to 1/3 of lands husband was seized
during the marriage
4. Tenancy by Curtsey – Husband entitled to life estate to ALL lands wife was seized in during the
marriage
a. Husband and wife had to legally married
b. Wife must be seized in land fee simple/fee tail
c. Wife must have issue born alive by husband
d. Wife must predecease the husband

III. Future Interests

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A. Reversions
1. An estate remaining in the grantor who as conveyed a lesser estate than that owned by the grantor
a. X owner in fee conveys Blackacre to B for life (reverts back to X at B’s death)
b. Simple subtraction – X owns fee simple estate – conveys only life estate (remainder is reversion)
2. Grantor conveys expiable or lesser estate – fee simple gives fee tail, life estate.
B. Possibility of Reverter
1. Interests retained by the grantor of a determinable estate or fee simple determinable
2. We know that possibility of reverter ripens when stated event occurs
a. When event occurs, have AUTOMATIC
b. Possibility because if event does NOT occur, then no reversion back to grantor
c. EX: X conveys Blackacre to B as long as the land is farmed (upon happening of event, reverts to
X)
3. Created when
C. Rights of reentry for condition broken/ power of termination
1. Created in grantor subject to condition subsequent
a. There is NO automatic reversion, only grants option of reentry to grantor and heirs
2. Created when grantor creates
D. Remainders
1. Future in a third person which is intended effect after the natural termination of the preceding estate
a. EX: X owner in fee conveys Blackacre to B for life, with remainder to C and his heirs
i. C has a Vested remainder
ii. Every remainder must be preceded by a particular free whole state
- Must preceded by fee tale, or life estate
b. ONLY TAKES EFFECT AFTER NATURAL TERMINATION OF ESTATE
2. Created by:
a. Must be in favor of a transferee (grantee) who is one other than grantor
b. Must be created at the same time and in the same instrument as the prior particular estate which
supports it
c. The preceding estate must be of lesser duration than the interests of the conveyor, so there can be
an interests
i. X conveys Blackacre to Y for life, then to Z and his heirs
- Z has vested remainder that takes effect after
ii. AT CL had to be fee tail, life estate
iii. AT MODERN – feel tail, life estate, or an estate for years
iv. (precdeding estate CANNOT be fee simple)
3. Vested Remainder
a. Remainder created in an ascertained and existing person that is not subject to any condition
precedent except normal termination of preceding estate
i. EX: A conveys Blackacre to B for life, then to C and his heirs
- C has vested remainder – know it will take effect after B dies
ii. EX: Grant to B and to heirs of her body, the to C and his heirs
iii. EX: Grant to B for life and then to C for life
- C’s interested is vested because it only takes affect after the life of B
b. Types
i. Remainders absolutely vested – limited to ascertained/identifiable person without words
of condtion
- A conveys Blackacre to B then to C and his heirs
ii. Remainders subjected to partial divestment – Remainderment is in existence and
ascertained but the amount of estate is subject to being diminished in favor of other
members of a class (frequently called REMAINDER SUBJECT TO OPEN)

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 - CLASS GIFT: A devised land to B for life, then to the children of B in fee. At the
time of A’s death B has one child, C. C’s remainder is vested because she exists,
ascertained that she knows her estate. C’s remainder is subject to “open up” because
of after born children of B (comes within terms of gift)
iii. Remiander subject to complete divestment – remainderment is in existence and
ascertained and her interest is not subject to condition precedent but her right to
possession or enjoyment is subject to termination by reason of an executory interest,
power of appointment, right or reentry
- A conveys to B for Life, then to C and her heirs, but if C dies with no children, the to
D and his heirs. C has a the remainder subject to complete divestment, on the death
of C without any surviving children. D has no remainder interest, but an executory
interest.
4. Contingent remainder – any remainder which is created in favor an ascertained person but is subject
precedent or is a remainder created in favor an unborn or unascertained person
a. A to be B for life, remainder to C and his heirs, if C marries before B dies
i. C has a remainder contingent on his marriage before B dies
b. A to B for life, remainder to C for life, if C survives X
i. C has a contingent remainder upon X’s predeceasing both B and C because the
contingency of C’s surviving X must happen on or before the termination of B’s life
estate.
5. Characteristics of Remainders:
a. Alienable – today all remainders are considered alienable/transferablle
i. AT CL were nontransferable
b. Creditors – A contingent remainder is not subject to a creditor, but a vested remainder is
c. When it takes of effect – can only take effect after the termination of estate
i. RAP – contingent remainders come within rule, but vested do not
d. With respect to vested remainder – a vested remainderment has a right against the prior estate
holder (usually life tenant ) for waste, but contingent remainderman has no right
e. Vested remainder – remainderman has right to compel the prior estate owner to pay taxes and
interests on encumbrances; CONTINGENT CANNOT
E. Executory Interest – A future contingent interest created in favor of a transferee in the form of either a
springing or shifting use which upon the happening of the contingency will be executred into a legal
estate which cannot be construed as remainder
1. ALWAYS in favor of transferee who is not grantor
a. Should NOT BE CONFUSED WITH REVERSION, possibility for reverter or right of reentry
2. ALWAYS contingent, never vested, because when it vests is ceases to be an executory interest.
a. An executory interest CUTS SHORT a prior estate upon the happening/nonhappening of a stated
event or contingency
i. CUTS SHORT in derogation of the prior/preceding estate, NOT after natural termination
ii. Remainders ALWAYS follow after natural termination
3. Shifting – cuts short preceding estate in favor another grantee
i. A conveys to B for life, but if B becomes bankrupt then to C and his heirs
- State of title is a life estate in B, subjected to an executory shifting interest in C, with
a reversion in A,
- C’s interest is not a remainder because it does not await the natural termination of B’s
life estate, EXECUTORY BECAUSE IT CUTS SHORT B’s ESTATE
ii. A conveys to B and his heirs, but if B marries Z, then to C and his heirs
- In shifting exec interest goes from O to A then to B with happening/nonhappening
4. Springing
i. A to B and his heirs, but if B marries Z, then one year later to C and his heirs
- “one year later”

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 - Springing – Grantor A to Grantee B, then lapse of time to C if
- Right to possession passes from grantee BACK to Grantor then after some time
passes to ANOTHER grantee
F. Contingent Remainder v. Executory interests
1. CR can NEVER follow a fee simple interest of any kind
2. Any interest that follows a fee and is held by third person, MUST BE AN EXECUTORY
i. EX: A to B and his heirs, but if B sells liquor on premises, then to C and his heirs.
- C has a shifting executory interest, not contingent remainder
- C doesn’t have CR because remainder cannot follow a fee simple and cannot cut
short or act in derogation of previous estate, but a remainder must follow natural
Termination
G. Executory devises v. Interests
1. Executory devises are Identical with springing and shifting exec interests, except exec devises are
created BY WILL, where shifting/springing interests are created by grant/deed intervivos.
H. Rule in Shelley’s case - At CL, if in a conveyance or a will for a free whole estate, usually a life a estate,
is given to a person, and in the same conveyance or will a remainder is limited to the heirs of that person
(grantee) then grantee takes both the free whole estate and the remainder. In essence, the Grantee gets a
fee simple estate, and the remainder to his heirs is cut off.
1. X owner in fee conveys Blackacre to B for life with remainder to B’s heirs. In a jurisdiction that has
adopted Shelley’s case, Reminder to B’s heirs is cut off, and B is given fee simple estate (Merger of
life and remainder in one person of grantee)
I. Doctrine of worthier title/Rule against remiander’s and grantor’s heirs
1. Almost the same as Shelley’s case –
a. Where Grantor X, owner in fee, conveys Blackacre to B for life, with remainder to X’s heirs
- REMAINDER IS IN GRANTOR’S HEIRS
- In these jurisdictions – Remainder to X’s heirs at expiration of B’s life estate, Is CUT
OFF and has reversion in fee to back to X.
b. What’s the difference is X’s heirs take their interest as a remainder or as a reversion?
i. Why doctrine is called worthier title – because in its application to wills, the rule in its
testamentary aspect required that the heir take by descent rather than by purchase or
devise –
ii. Rationale: WORTHIER TITLE BY DESENT is better than by purchase or devise

J. Rule Against Perpetuities (RAP) – no interest is valid unless it vests, if it all, not later than 21 years after
some life in being at the creation of the interes
1. MUST VEST – contingent interest must become a vested interest within the period of the rule,
otherwise it fails (21 years)
2. IF AT ALL – if contingent interest is absolutely certain to vest or fail entirely within the period of
the rule, the it is valid
3. NOT LATER THAN 21 YEARS OF SOME LIFE IN BEING – That includes lives in being
provided that they are not so numerous as to not be able to determine who they are, plus 21 years,
plus periods of gestation as to come within the proper purpose of the rule.
4. AT THE CREATION OF THE INTEREST – in the ordinary case the period of the rule begins
when the interest is created in a deed at the time of its conveyance/ in a will at the time the testator
dies. (at the time interest is created by will or deed)
5. Rule is created against remoteness in investing:
a. The sole test the interest must vest within the period, then void
6. Interests: Interests – CONTINGENT interests only
a. Contingent remainder
b. Executory interest
c. Options to purchase land in a deed, but not a lease

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 i. EX: F owned R, a tract of land, and conveyed the land to C. Deed contained following
provision: Deed contained a right of first refusal, whereby if at any time before the year 2222,
the grantee has a bona fide offer for purchase of said premises, which he wishes to accept,
then the grantee shall submit a right of first refusal to the grantor or her hiers.
- Grantor/heirs had a right of first refusal had a right of first refusal until 2222
- Right of first refusal VIOLATED RAP because the right of first refusal was given to
grantor or her heirs – DON’T KNOW WHO HEIRS ARE
- Might vest TOO REMOTELY
ii. HOWEVER EX: A to B. If B receives bona fide offer to buy, B must submit request to A to
re-buy land as right of first refusal, to repurchase property
- Right given solely to A and so does NOT VIOLATE RAP because the grantor was
the measuring life – will know within grantor’s lifetime whether right will be
exercised.
iii. If right of first refusal held by grantor and heirs until “sometime in the future” VIOLATE
RAP – but where right of first refusal is held solely within grantor
K. Class gifts – remainders subject to open
1. Class gift – if a remainder interest is given to a class of persons it is deemed vested only when the
class is closed and all conditions precedent for all members of the class have been satisfied.
2. Entire class gift is VOID if the interest of ONE MEMBER might violate the rule
3. Class closing rule – a class is closed when no one born after the date can share in the gift
a. Can close physiologically – closes at A’s death if given to A’s children
b. Can close by rule of convenience – a class can close earlier in order to not violate the RAP
i. Whenever any member of the class is entitled to demand possession of his or her
share, then the class can close
ii. Gifts that would normally violate the RAP can be saved if closed by rule of
convenience
L. Powers of Appointment
1. General Power of Appointment considered the equivalent to ownership of property
a. If someone has a GPA over property, he or she can exercise such power and alienate or transfer
property
b. Where one can alienate property, the RAP is not offended
c. For a GPA to be valid under the RAP, it must be exercisable, not necessarily exercised, as long as
the power of appointment maybe exercisable then it does not violate the RAP
M. Restraints on alienation
1. Restrains on alienation are provisions on deeds, wills, or mortgages which restrict the grantee’s power
to convey property to others
2. Whether a particular restraint is valid depends on a few considerations:
a. The kind of restraint
i. Disabling restraints
ii. Forfeiture restraints
iii. Promissory restraints
b. The estate that is restrained
i. If you have fee simple interest, any direct restraint imposed upon a fee simple is
INVALID
ii. For LESSER ESTATES, restraints on alienation of NON FREE WHOLE ESTATES
(tenancies, tenancy at will) are commonly uphold
- EX: Non-assignment clauses on a lease are commonly upheld
c. Extent of retraint

IV. Non-Possessory interests – interests in the rights of others (incorporeal interests in real property)
A. Deals with

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B. Profits – the rights of one person to go onto the land of another and extract/remove something there from
(sand, timber, vegetables, minerals)
C. Easements – the right of one person to go onto the land in the possession of another and make limited use
the property (to use a walkway (only right to ENTER) for egress/regress)
1. Easements Appurtenant – requires 2 parcels of land (usually adjoining) (dominant, serviant parcel)
a. Right of Dominant land (runs with land) to enter onto serviant land and make limited use (right in
person)
b. Serviant tenement
c. EX: J (dom) S (serviant), if S gives J right to enter on serviant tenement for egress/regress. If J
conveys prop to B or S conveys to C, easement still valid against subsequent successors in
interest to land (B can enforce easement against S or C)
2. Easements in Gross – Do not have two adjoining tracts of land – only have a serviant tenement that is
subject to easement
a. City constructs sewer across backyard – may run with land as to burdened land (each successive
owner of land will give easement)
b. Said to be “personal” – intended to benefit holder personally not benefiting any land
3. Affirmative Easement – entitled easement holder to make affirmative use of serviant tenement
holder’s property – such as maintaining sew lines, affirmative right to enter onto someone else’s
property for egress/regress
4. Negative easements – prevents serviant tenement holder from doing some act or from making a
particular use of her own land
a. EX: B owner of Blackacre located between ocean and A’s prop, Whiteacre. B agrees in writing
not to construct any structure that will interfere with A’s view from Whiteacre. A has negative
easement on Blackacre which bears burden of negative easement. B promises to REFRAIN from
building on his property
5. Creation – interest in land
a. Statute of Frauds – must be in writing to be enforceable (deed instrument, for example)
b. EXCEPT – Easements by implication, prescriptive easements
i. Easements by implication/necessity – arises where you have subdivisional scheme –
- B owns 100 acres and B decides she is going to subdivide prop into 100 1-acre lots to
various lot owners. B says this lot X, that lot to Y, etc. Highway borders eastern tract
of prop. X has landlocked property and has an easement by necessity over Y’s prop
for egress/regress to get to highway (reasonably necessary, or strictly necessary for
dominant tenement owner)
c. Easement by grant/reservation:
i. Previous Ex: X easement by grant (grantee gets benefit) – has to prove that easement is
Reasonably necessary
ii. Reservation: if B held prop that could only access highway through Y’s, has an implied
easement by reservation to get to road in Y’s deed – HAS TO SHOW EASMENT IS
STRICTLY NECESSARY
d. Prescriptive easements – (adverse easement)
i. Adverse use – non-permissive
ii. Open -
iii. Notorious -
iv. Continuous
v. Continuous for stat period
6. Termination of easement
i. Merger – where fee simple title to serviant and dominant tenement come into the hands of a
single person
i. B owns Black (D), A owns S – B has easement on S for egress/regress. A purchases B’s
land, easement exintinguished

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 ii. Written Release – Holder of easement of benefit easement usually Dom holder – may execute a
release terminating the easement
iii. Abandonment – Clear showing by Dom owner that she intends to abandon the use of the
easement will extinguish the easement, mere non-use will not extinguish the easement
i. NON-USE COUPLED WITH ABANDONMENT WILL SUFFICE TO EXTINGUISH
ii. EX: B own a large tract and 50 years ago gave an easement to RR to run rail lines, RR
used it for many years but haven’t for the last 10 years – no longer using the lines
- Mere non-use insufficient
- Only sufficient if RR removed the lines
iii. EXCESSIVE USE DOESN’T Exntiguish
- In this situation serviant must bring action in equity for injunctive relief to enjoin the
excessive use that goes beyond the conditions of the easement
iv. Prescription – serviant tenement has used her land continuously and interruptedly for statutory
period of time necessary for Prescription in a way that is adverse and inconsistent with the
easement held by the dominant tenement holder – extinguished by prescription
v. Destruction of serviant tenement – where destruction of serviant tn
vi. Estoppel – B has a right of way of A’s Blackacre, and tells A that he has no intention of ever
using the right of way, and has not used it for several years. Based on B’s representations, A
builds a house over B’s right of way. After home is built B claims easement still valid and A
responds that B is estopped from making this new argument that is contrary to his previous on
which A reasonably relied
vii. Condemnation/Eminent Domain –
viii. Where you have a termination – holder of easement (Dom holder) is entitled to compensation for
value that is lost (goes with profits too)
D. Licenses – mere privilege to come upon/enter land without being viewed as a trespasser
1. Not an easement because it is revocable at the discretion of the licensor
a. If you park your car at the mall in the garage – licence as a mere privilege to park, if you have to
pay then it could be viewed as a contract or license coupled with an interest
b. If you are a spectator at a game, property interest in sitting in the seat is viewed as a license – if
you screw around your property interest is revocable
- Not to confused with tort licencee/invitee issues
-
2. Where a license is coupled with an interest generally not revocable
a. A owns Blackacre and sell 100 bushels of potatoes to B and stores them in a shed/wearhouse on
Blackacre and at the same time A gives B permission, a license, to come onto Blackacre to
remove the potatotes, now B has an irrevocable license, because B’s license is coupled with an
interest
3. Not to be confused with a lease because licensee NEVER HAS POSSESSION
4. NOT AN EASEMENT – Substantial (written) non-possessory interest in land
E. Covenants running with the Land
1. Something of a hybrid of a contract and an easement
2. More than just a personal contract but less than an easement in that a covenant is not an interest in the
land – little less than easement
3. Attached or connected with the estate since it can be enforced against or by someone who is not one
of the original parties – by successors in interest to original covenantor/covenantee, therefore more
than just a contract
4. Creation
a. Covenant or writing that complies with the SofF
b. Intention – must be in Intent of Covenanting parties that it run with the land
- As long as the words “assigns” or “successor” is used in the instrument, then the
intention is clear that covenant was to run with the land

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 c. Touch and Concern the LAND
- Must make the land more valuable/increase utility or less valuable/less utility
d. Privity of Estate of parties
- One of the contracting parties succeeds to the interest in the land another
5. Enforcment
a. Enforceable for actions at law for breach of covenant
b. Can be done in equity in damages not appropriate
6. Terminated
a. Same as easement or profit
b. Merger
c. Abandonment
d. Estoppel
e. Release
F. Equitable Servitude
1. Restriction on the use of land that’s enforceable in equity
2. Three requirements
a. MUST BE CREATED IN WRITING – common to subdivision scheme (restricted to residential
use)
b. Intention of the parties to determine who may/not enforce ES
ii. Intention of parties to bind the land with servitude
c. Notice – can only be enforced against those with notice
- Actual
- Constructive – restrictive notice by subdivisional scheme to only build single family
houses
- Inquiry – Subdivision scheme – 90% of lots contain restriction to residential use
only, 10% don’t have restriction, in this case 10% owners may be subject to ES by
inquiry notice – they should know based on other 90%
3. Imposition
a. Declaration of Restrictions – where we have a declaration of restriction that grantor files with
the recorder’s office evincing an intention to restrict lot owners, usually residential subdivision,
and discloses an intent to create a comprehensive development scheme,
- Where filed with recorder’s office, all other lot owners have constructive notice and
are therefore bound by ES
- SIGNED, ACKNOWLEDGED AND FILED
- Each lot within the tract is bound by such restriction, RUN WITH THE LAND
- Any lot owner within the scheme can enforce the restriction against any other lot
owner in the scheme
b. All the lot owners get together and execute formal agreement themselves – HOA
c. An owners of a subdivision places restriction on most of the lots, sells those off, retains some lots
for herself, inquiry notice example
4. Equitable servitudes v. Real Covenants
1. When it doubt: explain both the elements of ES and RC (two main distinctions)
RC – privity of estate required to have covenant running with the land
ES – privity of estate NOT required for ES
Though remedy usually gives it away – Damages – RC – Injunctive relieve ES
5. Extinguish
1. Same RC/Easments/
2. Release
3. Merger
4. Abandonement

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 5. Changed neighborhood condition – where purpose of servitude becomes meaningless or
impossible
- Land was restricted to Residential, but commercial property is everywhere,
surrounding the neighborhood
- Where the changed neighborhood conditions have so DRASTICALLY changed and
the purpose of the servitude is rendered meaningless, the extinguished
6. ZONING CHANGES WILL NOT extinguish an ES
- ES are NOT invalidated by subsequent zoning ordinances inconsistent with ES

V. Rights Incident to Possession and Ownership of Land

A. Adverse Possession
1. Based on the statute of limitation for the recovery or real property
a. Operate to bar ones right to recovery real property held adversely by another AND
b. Operate to vest one who his holding the real property adversely with title as though he had
received conveyance by deed
c. How?
- Adversely – Use without Permission
- Actual and Exclusive – Sole physical occupancy (if owner is still occupying the land,
the adverse is not Actual and exclusive)
- Open and Notorious – Not secret or clandestine, must represent to the world as being
owner of property
- Continuous without interruption
- For Stat of Limitation
- Peaceable (no eviction by courts)
d. Burden of Proof
i. All elements MUST COEXIST at the same time
e. Limitation of Adverse possessor’s claims
i. An adverse possessor CANNOT acquire a larger estate than he or she claims in the
property
- If adverse possessor only claims life estate (to the world), then she cannot acquire a
fee simple title
ii. Adverse possessor cannot claim less than a freehold estate
- Claim either life estate, fee tail, or fee simple
iii. Statutory period begins to toll when a cause of action accrues against the adverse
possessor
iv. Recording statutes have NO application for adverse possession
v. Tacking – there need not be adverse possession by one person – can be tacked on from
user to user (as long as there is privity) provided it’s not the owner
- Privity exists between adverse possessors if the interest of one is passed on to the
other by decent, deed, will, written contract, oral contract, oral gift, mere permission
vi. Disability – by status as minority, imprisonment, insanity- at the time of the accrual of
the cause of action against the adverse possessor, is given by statute in most states, is
allowed to toll the running of the period of adverse possession UNTIL the disability is
removed (stop running of period)
- EX: Tell you statute is X years and this jurisdiction has tolling statute for disability
from adverse possession – “An action for the recovery of land shall be commenced
within 10/15, etc. years after the right first occurred, but if a person entitled to bring
such action at the time of cause occurs, is within the age of minority, of unsound
mind, Such person shall can bring action for 10 years after such disability is
removed.

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 f. When adverse possessor has completed statutory time and all other requirements – title is sword
and shield – substantive law title – good as conveyance
i. Recording STATUTES DO NOT have application here
g. Honest mistake EX:
1. A person Occupies the property openly, notoriously, continuously, for the statutory period
under the MISTAKEN BELIEF that he is the rightful owner of the propberty
- Minority view says person does not hold title adversely unless he intends to hold the
property against the whole world (including the rightful owner)
- Majority view says that person with honest mistake, can still acquire by adverse
possession – possession alone (not subjective intent), but VISIBLE ADVERSE
POSSESSION, with intent to POSSESS is what is important

VI. Lateral Subjacent Support – Right to have your land laterally supported by neiboring land is AN ABSOLUTE
RIGHT – no taking the rug from underneath you

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