Archive for the ‘Real Property Mnemonics’ Category

Real Property Mnemonics

Monday, July 6th, 2009

Adverse Posession
OCEAN
O pen
C ontinuous
E xclusive
A ctual
N otorioius

Adverse Possession
HELUVA
Hostile
Exclusive
Long (statutory period of time)
Uninterrupted
Visible
Actual

Adverse Possession
U HOAR!!!
Uninterrupted
———–
Hostile
Open & notorious
Adverse
Running of statute of limitations

Easement Creation
RIPEN
Reservation
Implication
Prescription
Express grant
Necessity

 Extinguish an Easement
SURE NAP
Stated conditions
Unity of ownership
Release
Estoppel
———–
Necessity
Abandonment
Prescription

COVENANT burden
TIPS
The burden of a covenant runs with the land to new owners if the promise Touches and concerns the use of the land, was created with Intent that the burden run with the land, there was Privity of estate between the party to be bound and the original promisor, and the Statute of frauds is satisfied.

EQUITABLE SERVITUDE burden
TINS
The burden of an equitable servitude runs witht the land to new owners if the use restriction Touches and concerns the use of the land, was created with Intent that the burden run with the land, there was actual or implied Notice to the party to be bound, and the Statute of frauds is satisfied.

Real Property Covenants
6 Covenants of Title” (Real Property):

“SEASONed CONVicts CUM QUIETly with a WARRANT, the F**ckin ASSh***s.”

Covenant of SEASON
Covenant of right to CONVEY
Covenant against enCUMbrances
Covenant of QUIET enjoyment
Coventant of WARRANTy
Covenant of (F)urther ASSurances.

The first three are present covenants, the last three are future covenants. This mnemonic places them in order, so you just need to remember “3&3.”

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