Property – Attack Outline

Primary Acquisition – 1st Possession

 Part of my body
 Discovery
 1st to Discover
 Terra Nullius
 Effective Occupation
 Capture
 Mortal Wounding
 Unequivocal Intent
 Certain Control

Secondary Acquisition – Secondary Possession

 Find
 Characterization
 Lost
 Mislaid
 Abandoned
 Where
 Public
 Private
 Adverse Possession
 Actual Entry
 Claim of Right
 Color of Title
 Exclusive Possession
 Adverse Entry
 Open and Notorious
 Continuous for Statutory Period
 Gift
 Gift Inter Vivos
 Intent
 Delivery
 Acceptance
 Without Consideration
 Gift Causa Mortis
 Intent
 Delivery
 Acceptance
 Without Consideration
 Precipitated by a Fear of Imminent Death
 *In Writing

Estates in Land

 Fee Simple Absolute

 To A and her heirs
  To A
 Fee Tail
 To A and the heirs of her body
 To A and the heirs of her body, then to B
 Life Estate
 To A for life
 To A for the life of B
 Affirmative Waste
 Permissive Waste
 Ameliorative Waste
 Term of Years
 To A for X years
 Defeasible Estates
 Fee Simple Determinable
 Language of Durational Limitation
 Future Interests
 Automatic Ending
 Fee Simple Subject to Condition Subsequent
 Language of Express Condition
 Future Interest
 Outright Grant, then Conditional Language
 May or May NOT End Automatically

Future Interests
 Future Interest in Grantor (Reversionary Interests)
 Reversion
 Life Estate
 Fee Tail
 Term of Years
 Contingent Remainder in Another Grantee
 Possibility of Reverter
 Fee Simple Determinable
 Right of Entry
 Fee Simple Subject to Condition Subsequent
 Future Interest in Grantee
 Vested Remainder
 Indefeasibly Vested Remainder
 To A for life, then to B
 Vested Remainder Subject to Open
 To A for life, then to (a class of evolving people)
 Vested Remainder Subject to Divestment
 To A for life, then to B, but if B does X, then to O
 Contingent Remainder
 Alternative Contingent Remainders
 To A for life, then to B if B has done X, but if B has not done X, then to C
 Remainder
 To A for life, then to B if B has done X
 Exclusory Interests
 Shifting Exclusory Interest
 To A for life, then to B, but if B does X, then to C
  Springing Exclusory Interest
 To A for life, then to B five years after A’s death
 To A when she turns X
 Rules Limiting Future Interests
 Rules Against Perpetuities
 Identify lives in being
 Find a validating life

Concurrently Held Property

 Concurrent Ownership
 Tenancy in Common
 Joint Tenancy with a Right of Survivorship
 Tenancy by the Entirety
 Marital Property