Property Outline – mostly as done as it’s gonna be

Table of Contents

Property basics. 3

Eminent domain. 3

Per se takings. 3

Public use or purpose. 3

Has a taking occurred?. 4

Regulatory takings. 5

The denominator problem.. 5

The Nollan nexus requirement 7

Just compensation. 12

Fair market value. 13

Other compensation. 13

Factors which are excluded. 13

Possession. 14

Externalities. 14

The law of capture. 16

Finders. 16

Bailments. 16

Constructive possession. 20

Adverse possession. 21

The elements of adverse possession. 22

Color of title. 23

Tacking. 25

Claim of right 25

Estates. 26

Terminology. 27

Fee simple absolute. 27

Creation of the fee simple absolute. 27

The defeasible fees simple. 28

Fee simple determinable. 28

Fee simple subject to a condition subsequent 28

Fee tail 30

The fee tail in Ohio. 31

Life estate. 31

Creation of the life estate. 32

Waste. 32

Adverse possession and estates. 32

The trust 33

Creation of the trust 34

Future interests. 35

Reversionary interests. 35

Reversions. 36

The future interests of the defeasible fees. 36

Remainders. 37

Contingent remainders. 37

Vested remainders. 37

Executory interests. 38

The Statute of Uses. 39

Rules furthering marketability. 40

The Destructibility of Contingent Remainders. 41

The Rule in Shelley’s Case. 42

Doctrine of Worthier Title. 42

The Rule Against Perpetuities. 43

The doctrine of severability. 45

Judicial reform.. 46

Statutory reform of the Rule Against Perpetuities. 47

The Uniform Statutory Rule Against Perpetuities. 47

State statutory reforms. 48

Concurrent ownership. 48

Tenancy in common. 48

Joint tenancy. 48

Secret severance. 50

Tenancy by the entirety. 52

The landlord-tenant relationship – non-freehold estates. 53

Statutory tenancy. 55

The lease. 56