1L AP: Special Circumstance/Exceptions

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Author:
jesdixon
ID:
36581
Filename:
1L AP: Special Circumstance/Exceptions
Updated:
2011-08-30 18:21:27
Tags:
1L Property AP Special Circumstance Exceptions
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Description:
AP: Special Circumstance/Exception-- Lappage, Co-Tennants, Landlord/Tenants, Encroachments, Improvements
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  1. Define Lappage
    Lappage is when an owner of land has transferred ownership to two different people by deed,w/ a common area that overlaps in the deed. The possession of the overlap in the properties is what isin question.
  2. What are the 3 rules for Lappage?
    (1) No actual possession of lappage by either party=superior title prevails

    (2) Actual possession of lappage by only one party=actual possessor prevails

    (3) Both parties have actual possession of some lappage= superior title wins all lappage except actually occupied by otherpossessor w/ less title.
  3. What's the general rules for Landlord/Tenant?

    What are the 2 circumstances for Landlord/Tenant?
    Think: termination of written lease or last payment + 20 years + SOL

    General Rule: Possession by the tenant is deemed possession by the landlord (AP or TO

    • i) Landlord (TO) of property leases to tenant:
    • (1) Tenant must have actual possession 20 year after terminationof written lease OR final rent payment… and THEN… the statute of limitation forAP starts
    • (a)Only after 20 years does COT or AP rules apply

    • ii) Stranger to Property (AP) leases to tenant:
    • (1) Possession of tenant deemed possession by AP landlord…
  4. What is the rule for Co-tenant and AP?

    What's an oust?

    Define Co-tenant
    • First oust of co-tenant+ AP elements+ 20
    • A co-tenant can only adversely earn title if he has meet all the common
    • law elements for the statute of limitations (20 years) after ousting co-tenant.


    i) Own property jointly w/ another person; undivided interest in the whole. (IE: husband and wife, vacation home w/ anotherfamily)

    (1) Oust is a legal processor--prevent you from exercising right to possess the property(ie change locks).

    iii)COTdoes not apply b/c deed actuallypurports ownership. Thus, in NC 20years of SOL.
  5. Define an Improvement
  6. When something is built entirely on the
    land of another.
  7. What are the 2 jurisdictions for improvements?
    Define and tell how value is determined.
    2 types of jurisdiction for Improvements:

    • (1) Traditional Common Law: Improvements on another’s land becomes the
    • property of the landowner and improver losses improvement…

    • However, there are current trends in statutory law to combat general rule—known as betterment
    • statutes.

    (2) Modern Betterment Statute Remedies—the landowner ehooses remedy; improvement subject to landowner’s election

    (a) The landowner of the property may purchase the improvement from the improver (thus reimbursing improver for improvement)

    Value of the improvement is determined by looking at what it cost to build the improvement.

    (b) The owner of the property may sell the property at the fair market value to the improver.

    (i) Purchase price is the value of the property BEFORE the improvement.
  8. Define the Betterment Statutes. How is value determined?
    (2) Modern Betterment Statute Remedies—the landowner ehooses remedy; improvement subject to landowner’s election

    • (a) The landowner of the property may purchase the improvement from the improver (thus reimbursing improver for improvement)
    • Value of the improvement is determined by looking at what it cost to build the improvement.

    (b) The owner of the property may sell the property at the fair market value to the improver.

    Purchase price is the value of the property BEFORE the improvement.
  9. Is intent important for improvements?
    No, Intent is irrelevant.
  10. Define Encroachment
    When something is built partially on the land of another.
  11. Is Intent important for Encroachments?
    • Intent DOES matter. Need good faith/innocent mistake, but does not require color of
    • title. Equitable relief is available only to those who act in good faith and improve the neighboring land
    • by mistake.
  12. 2 types of encroachment. What are they and define.
    (1) Innocent Encroachment-- then the court will weigh the relative hardship of each party in ordering the removal of the encroachment.

    • (a) If the encroachment is easy to move, then the court will force encroacher to remove it. If removal is a tremendous burden, then the encroacher must pay damages.
    • (2) Willful Encroachment –If encroachment is willful with the knowledgethat the property does not belong to the encroacher, then the court will order removal regardless of theburden (cost or inconvenience).

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