Law Outlines Real Property Outlines
Interests Outline
Updated Interests Notes
Real Property
In depth outline of real property course laid out in easy to read charts. Outline explains how federal and California courts categorize property interest types (tenancies in common, joint tenancies, tenancies by the entirety) and their rules for determining property interests (first in time, conquering, the commons/splitting the commons, finding, adverse possession). The policy considerations outline will help you to maximize points on your exam, as it will help you to show your Professor that yo...
The following is a more accessible plain text extract of the PDF sample above, taken from our Real Property Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
| Type of Interest (Stick in the Bundle) | Pros/Cons | Application | Policy |
|---|---|---|---|
| Concurrent interests 1. Tenancy in Common (default type, “to A & B”, no survivorship, terminates whenever either tenant requests – in form of $ or IO) | Pros = economies of scale, maximize production, division of labor, cost sharing, pooling resources, commons aren’t always tragic especially in small groups Cons = tragedy of the commons, incompatible uses/goals, unfair if contributions are unequal but benefits are equal, tragedy of anticommons (b/c no one person has permission to use), one person can ask for partition even if 9 others don’t want it Problem examples in Oct 24 powerpoints | Delfino v Valencos(tenancy in common)...partition in kind is preferred (when land allows for it and when interests of owners are better reflected). Showed complications when contingent interests. Court favored ‘justice’ in that Valencos, who made a home and business of the property for many years, were able to keep their land. End result exposed court’s failure to promote absolute justice. | Distributive justice (in determining how land is partitioned or sold)...but see black farmers |
| Concurrent interests 2. Joint Tenancy (must include all 4 unities, clear intent must be expressed “To A & B as joint tenants), survivorship, terminates when either tenant destroys a unity (becomes TiC), or when either tenant requires partition – in form of $ or IO) Copyright joint work - compiled by two authors with the intention of creating a whole. Where the whole is greater than the sum of its parts. The condo pool is greater than sum of its parts, we don't all want one little tiny part of the pool, we want the whole thing. IP example: someone writes the music, someone writes the words.... |
Buy the full version of these notes or essay plans and more in our Real Property Outlines.
Interests
In depth outline of real property course laid out in easy to read charts. Outline explains how federal and California courts categorize property interest types (tenancies in common, joint tenancies, tenancies by the entirety) and their rules for determining property interests (first in time, conquering, the commons/splitting the commons, finding, adverse possession). The policy considerations outline will help you to maximize points on your exam, as it will help you to show your Professor that yo...
Need instant answers? Our AI exam tutor is here to help.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started