Study Guide, Real Property, Chapter 43

Law 3800

Legal environment

Dr. Edmonds

I. List the four categories of real property.

II. What is a fixture? What are the three “manifestations of permanence”? Explain the decision in the Freeman vs. Barrs (pages 1089-90) case.

III. The legal forms of use and ownership of real property are called “estates”. Explain and give an example of each of the following estates:

Fee simple absolute

The concurrent estates:

Tenants in common

Joint tenants

Tenants by the entirety

Community property

IV. What is a “life estate”?

Explain reversion and remainder interests and how they differ.

Do they have present value (can they be sold or given away)?

V. Explain a “fee simple defeasible” and “right of reverter” from class discussion. See Walton vs. City of Red Bluff, 3 Cal. Rptr. 2d 275 (1991) VI. What are “nonpossessory Interests”?

What is an easement? An easement by grant? By implication? By Prescription?

VII. How is ownership of property established? What does “title” to property mean? What is the role of a Deed in this process?

VIII. Explain the requirements and logic of easement by prescription and title to land by adverse possession.

IX. From our class discussion, what are the differences between a land contract and a mortgage?

X. From our class discussion, how does condominium ownership of real property differ from the interest a member of a cooperative has?

XI. From our class discussion, explain a warranty deed, a limited warranty deed and a quit claim deed.