This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law.
- This Subject Area Index lists all CALI lessons covering Property Law.
- The Property Law Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
In the Anglo-American legal system land is not owned directly. Rather, people own legal interests in land. The reason land is owned in this way goes back to the feudal origins of land holding in England. The fee simple absolute is one of the estates in land, which emerged from that system.
This lesson will help you understand: (1) the legal concept of an estate in land, (2) the legal characteristics of the fee simple absolute, and (3) what is necessary to create a fee simple absolute.
This exercise is designed as a basic introduction for the beginning student to the fundamental principles involved in real estate financing . However, real estate financing is a complicated topic and best dealt within an upper division Real Estate Finance class. So, this interactive tutorial will not complete the topic, except as typically addressed in a first year Property class.
This lesson covers the law governing the rights of finders of personal property which is generally covered near the beginning of a Property course in law school. It addresses the possibility that the personal property might be lost, mislaid or abandoned because the true owner is unknown.
This lesson reviews the key aspects of the Merger Rule, the Rule in Shelley's Case and the Doctrine of Worthier Title. These three rules transform future interests in certain types of conveyances and should be learned after one has mastered the classification of estates and future interests and before one studies the Rule Against Perpetuities.
This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts.
This lesson follows up and builds upon the material in the lesson on Inter Vivos Gifts, but focuses instead upon transfers at death or in anticipation of death.
This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it.
In property, trusts and estates, or wills students learn a range of technical language for creating estates and interests in land and other property. They have probably prepared themselves to recognize these "magic words" and identify the interests they create. They may even find themselves enjoying this linguistic exercise, feeling as though here, finally, is an area of law in which there are "right" and "wrong" answers.
This exercise is designed to take students beyond those "magic words" to work with conveyances in which the magic words aren't used correctly or do not point to a single, plain meaning: to learn rules for interpreting language that are manipulable, sometimes contradictory, but very important to the task of interpretation; and to recognize the uncertainty in creating and interpreting granting language.
This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.
This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law; including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules.
The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.