Property Law

Bona Fide Purchasers Real property law sometimes has to resolve a difficult conflict between two people who each claim an interest in the same property. Suppose an owner conveys land to Alice. Alice does not record her deed. The owner later sells the same property to Bob. Bob pays full Read more

Recording Acts A deed may transfer an interest in real property between a grantor and a grantee, but another question immediately arises: What happens if someone else later claims an interest in the same property? This is where recording acts become important. Recording acts are statutes that govern the recording Read more

Types of Deeds Not all deeds provide the same legal protection. A deed is an instrument used to transfer an interest in real property, but the legal consequences of that transfer depend heavily on the type of deed used and the language contained in it. Some deeds provide extensive warranties Read more

Deeds and Conveyances A deed is one of the most important legal instruments in real property law. It is commonly used to transfer an ownership interest in land from one person to another. But a deed is not simply a piece of paper that proves who owns a house. It Read more

Transfer of Property Property ownership is not necessarily permanent. Property can move from one person to another through a transfer. A homeowner can sell a house. A parent can give land to a child. A person can leave property to a beneficiary in a will. An owner can transfer property Read more

Tenancy in Common Tenancy in common is one of the principal forms of concurrent ownership in American property law. It exists when two or more people own interests in the same property at the same time, with each owner holding a separate fractional interest in the property. Unlike joint tenancy Read more

Tenancy by the Entirety Tenancy by the entirety is a form of concurrent ownership traditionally available to married spouses. It is closely related to joint tenancy because it generally includes a right of survivorship, but it has distinctive features arising from the marital relationship. Under a tenancy by the entirety, Read more

Co-Ownership of Property Property does not always belong to one person. Two or more people may own the same piece of land, house, condominium, or other property at the same time. When that happens, the law must answer an important question: how can several people simultaneously have ownership rights in Read more

The Rule Against Perpetuities 1. Introduction Few doctrines in property law have a reputation as intimidating as the Rule Against Perpetuities. Law students often encounter it as a collection of strange conveyances involving unborn children, grandchildren, and conditions that might happen decades in the future. The traditional rule is highly Read more