# Real Property — 2L Recall Original study summaries. Rules vary by jurisdiction. ## Possession & ownership ### Ownership Ownership describes legally recognized rights in property, including rights to possess, use, exclude, and transfer. Those rights can be divided and limited by law or other interests. https://2l.fizzilabs.com/library/real-property/#real-property-ownership ### Possession Possession concerns control over property and an intention to hold it. A person may possess property without owning it, and an owner may lack present possession. https://2l.fizzilabs.com/library/real-property/#real-property-possession ### Actual Possession The person physically occupies or directly controls the property. Whether the acts are sufficient depends on the property's character and the legal issue. https://2l.fizzilabs.com/library/real-property/#real-property-actual-possession ### Constructive Possession Law treats a person as possessing property despite the absence of immediate physical control. The required relationship depends on the doctrine being applied. https://2l.fizzilabs.com/library/real-property/#real-property-constructive-possession ### Trespass An unauthorized interference with protected possession can support a trespass claim. The elements differ for land and personal property, including the role of damage. https://2l.fizzilabs.com/library/real-property/#real-property-trespass ### Trespass to Chattels Intentional interference with another's personal property may create liability when it causes dispossession, impairment, or another legally recognized harm. Lesser interference differs from conversion. https://2l.fizzilabs.com/library/real-property/#real-property-trespass-to-chattels ### Trespass to Land An intentional unauthorized entry onto another's land, or causing an object to enter, can be actionable without proof of physical damage. Mistake about ownership ordinarily does not excuse the entry. https://2l.fizzilabs.com/library/real-property/#real-property-trespass-to-land ### Trespass on the Case A historical form of action addressed consequential or indirect injuries outside traditional trespass. It helped develop modern negligence and other tort causes of action. https://2l.fizzilabs.com/library/real-property/#real-property-trespass-on-the-case ### Trover A historical action recovered the value of personal property wrongfully converted. The modern conversion remedy similarly addresses serious interference with the owner's rights. https://2l.fizzilabs.com/library/real-property/#real-property-trover ### Replevin A possessory remedy seeks return of specific personal property wrongfully detained. The claimant wants the item itself rather than only its monetary value. https://2l.fizzilabs.com/library/real-property/#real-property-replevin ### Ejectment A claimant with the superior right to possess land seeks recovery from the current occupant. The central issue is entitlement to possession. https://2l.fizzilabs.com/library/real-property/#real-property-ejectment ### Bailment Personal property is delivered and accepted for a limited purpose with an obligation to return or properly dispose of it. Possession changes, but ownership ordinarily does not. https://2l.fizzilabs.com/library/real-property/#real-property-bailment ### Adverse Possession Possession must satisfy the jurisdiction's requirements, commonly actual, open, notorious, exclusive, hostile, and continuous for the statutory period. California requires five continuous years and timely payment of all assessed taxes; disabilities and special land rules can matter. https://2l.fizzilabs.com/library/real-property/#real-property-adverse-possession ### Color of Title A defective document appears to transfer title. It may affect the scope or statutory treatment of adverse possession even though it does not itself convey valid ownership. https://2l.fizzilabs.com/library/real-property/#real-property-color-of-title ### Tacking Successive possessors may combine possession periods when the required privity connects them. Unrelated trespassers generally cannot simply add their separate periods together. https://2l.fizzilabs.com/library/real-property/#real-property-tacking ## Estates & future interests ### Estate An estate defines a legally recognized interest in land by its duration and possessory character. Separate people can hold present possession and future rights in the same land. https://2l.fizzilabs.com/library/real-property/#real-property-estate ### Present Estate An interest carrying a present right to possession. Its duration may be potentially infinite, measured by a life, or limited to a leasehold term. https://2l.fizzilabs.com/library/real-property/#real-property-present-estate ### Words of Purchase Language identifies who takes the interest in a conveyance. It answers who receives, while words of limitation describe the estate received. https://2l.fizzilabs.com/library/real-property/#real-property-words-of-purchase ### Words of Limitation Language describes the kind or duration of the estate conveyed. Traditional references to heirs can define an estate without making the heirs current recipients. https://2l.fizzilabs.com/library/real-property/#real-property-words-of-limitation ### Future Estate An interest permits possession later, after a preceding estate ends or a specified event occurs. A future interest can be a present property right despite postponed enjoyment. https://2l.fizzilabs.com/library/real-property/#real-property-future-estate ### Fee Simple Absolute The broadest standard ownership estate has potentially unlimited duration and no condition cutting it short. It remains subject to ordinary property law and government power. https://2l.fizzilabs.com/library/real-property/#real-property-fee-simple-absolute ### Defeasible Fee A fee estate can end when a specified condition occurs. The wording determines whether termination is automatic, requires action, or shifts ownership to a third person. https://2l.fizzilabs.com/library/real-property/#real-property-defeasible-fee ### Fee Simple Determinable The estate ends automatically when its durational limitation occurs. The grantor retains a possibility of reverter. https://2l.fizzilabs.com/library/real-property/#real-property-fee-simple-determinable ### Possibility of Reverter The grantor's future interest follows a fee simple determinable. Possession returns automatically upon the specified terminating event. https://2l.fizzilabs.com/library/real-property/#real-property-possibility-of-reverter ### Fee Simple Subject to a Condition Subsequent A stated condition gives the grantor a choice to terminate the estate. Breach alone does not automatically end the grantee's ownership. https://2l.fizzilabs.com/library/real-property/#real-property-fee-simple-subject-to-a-condition-subsequent ### Right of Re-Entry The grantor retains a power to end an estate after breach of a condition subsequent. The holder must take the action required by law to exercise it. https://2l.fizzilabs.com/library/real-property/#real-property-right-of-re-entry ### Fee Simple Subject to an Executory Limitation A stated event automatically shifts the fee from the present holder to a third person. That third person's future interest is an executory interest. https://2l.fizzilabs.com/library/real-property/#real-property-fee-simple-subject-to-an-executory-limitation ### Fee Tail A historical estate restricted succession to lineal descendants. Most American jurisdictions have abolished or transformed it, so the governing statute controls modern effect. https://2l.fizzilabs.com/library/real-property/#real-property-fee-tail ### Life Estate Possession lasts for the life of a specified person. On that person's death, the property passes under the accompanying future interest rather than through the life tenant's estate. https://2l.fizzilabs.com/library/real-property/#real-property-life-estate ### Doctrine of Waste A present possessor must not improperly damage interests of future owners. The doctrine distinguishes harmful acts, neglect, and sometimes changes to the property's character. https://2l.fizzilabs.com/library/real-property/#real-property-doctrine-of-waste ### Voluntary Waste An affirmative act damages or improperly consumes the property subject to another's future interest. The estate terms and permitted uses help determine whether the act is wrongful. https://2l.fizzilabs.com/library/real-property/#real-property-voluntary-waste ### Permissive Waste A possessor's failure to take required care allows deterioration. Typical issues include neglected repairs or carrying charges within the possessor's legal responsibility. https://2l.fizzilabs.com/library/real-property/#real-property-permissive-waste ### Reversion A grantor retains the future interest left after conveying a lesser estate without disposing of the entire remaining ownership. It becomes possessory when the prior estate ends. https://2l.fizzilabs.com/library/real-property/#real-property-reversion ### Vested Interest An identified holder has an interest not subject to an unmet condition precedent beyond the natural end of the prior estate. Being vested does not necessarily prevent later divestment. https://2l.fizzilabs.com/library/real-property/#real-property-vested-interest ### Remainder A future interest in a transferee becomes possessory, if at all, at the natural end of the preceding estate. It does not cut that estate short. https://2l.fizzilabs.com/library/real-property/#real-property-remainder ### Vested Remainder Subject to Complete Divestment An otherwise vested remainder can be entirely lost upon a later condition. Identify the vested gift first, then the separate language that can take it away. https://2l.fizzilabs.com/library/real-property/#real-property-vested-remainder-subject-to-complete-divestment ### Vested Remainder Subject to Open At least one class member has a vested remainder, but additional members may join and reduce existing shares. Class-closing rules determine when membership becomes fixed. https://2l.fizzilabs.com/library/real-property/#real-property-vested-remainder-subject-to-open ### Condition Subsequent An event occurring after an interest has arisen can defeat it. Its effect depends on the grant's structure and whether termination is automatic or requires action. https://2l.fizzilabs.com/library/real-property/#real-property-condition-subsequent ### Condition Precedent An event must occur before the interest vests or the duty arises. In remainder analysis, an unmet condition other than the prior estate's natural end can make the interest contingent. https://2l.fizzilabs.com/library/real-property/#real-property-condition-precedent ### Contingent Remainder A remainder is contingent when its taker is unascertained or it depends on an unmet condition precedent. It still must follow the natural ending of the preceding estate. https://2l.fizzilabs.com/library/real-property/#real-property-contingent-remainder ### Executory Interest A transferee's future interest cuts short another estate or takes effect after a gap following the grantor's ownership. It differs from a remainder that waits for natural expiration. https://2l.fizzilabs.com/library/real-property/#real-property-executory-interest ### Doctrine of Merger A lesser and immediately succeeding greater estate held by the same person in the same right may merge. Intervening interests and equitable considerations can prevent merger. https://2l.fizzilabs.com/library/real-property/#real-property-doctrine-of-merger ### Rule in Shelley's Case Historically, a qualifying grant of a life estate to a person and remainder to that person's heirs converted the heir language into a limitation on the person's estate. Modern statutes commonly abolish it. https://2l.fizzilabs.com/library/real-property/#real-property-rule-in-shelley-s-case ### Destructibility of Contingent Remainders At common law, a contingent remainder could fail if it did not vest by the end of the preceding freehold. Many jurisdictions have abolished this historical rule. https://2l.fizzilabs.com/library/real-property/#real-property-destructibility-of-contingent-remainders ## Transfer limits & shared ownership ### Restraints on Alienation Restrictions on transfer can be invalid when they unduly obstruct an owner's ability to convey. Evaluate the estate, restraint's form, duration, purpose, and governing statute. https://2l.fizzilabs.com/library/real-property/#real-property-restraints-on-alienation ### Total Restraint A restriction attempts to prevent every transfer of the property interest. Such broad restraints on a fee simple are generally disfavored or invalid. https://2l.fizzilabs.com/library/real-property/#real-property-total-restraint ### Partial Restraint A restriction limits transfer by time, transferee, or another condition. Its validity depends on reasonableness and the jurisdiction's rules. https://2l.fizzilabs.com/library/real-property/#real-property-partial-restraint ### Disabling Restraint The instrument purports to remove the owner's legal power to transfer. This form is especially disfavored because an attempted conveyance is supposed to be ineffective. https://2l.fizzilabs.com/library/real-property/#real-property-disabling-restraint ### Forfeiture Restraint An attempted transfer triggers loss of the estate. Validity depends on the property interest and the applicable limits on restraints. https://2l.fizzilabs.com/library/real-property/#real-property-forfeiture-restraint ### Promissory Restraint The owner promises not to transfer, making breach potentially contractual. Calling the restriction a promise does not automatically avoid rules against unreasonable restraints. https://2l.fizzilabs.com/library/real-property/#real-property-promissory-restraint ### Rule Against Perpetuities The traditional rule invalidates certain future interests unless they must vest or fail within twenty-one years after a relevant life in being. California also validates covered interests that actually vest or terminate within 90 years. Statutory exceptions and reforms vary. https://2l.fizzilabs.com/library/real-property/#real-property-rule-against-perpetuities ### Concurrent Estates Multiple people hold present ownership interests in the same property. The chosen form determines survivorship, transfer rights, and rights between co-owners. https://2l.fizzilabs.com/library/real-property/#real-property-concurrent-estates ### Joint Tenancy Co-owners hold with a right of survivorship. Creation requires applicable formalities, and severance can end survivorship as to the severed share. https://2l.fizzilabs.com/library/real-property/#real-property-joint-tenancy ### Tenancy in Common Each co-owner has an undivided share and a right to possess the whole. Shares may differ and pass at death without automatic survivorship. https://2l.fizzilabs.com/library/real-property/#real-property-tenancy-in-common ### Tenancy by the Entireties A marital co-ownership form recognized in some jurisdictions includes survivorship and special transfer or creditor rules. Its existence and protections are state-specific. https://2l.fizzilabs.com/library/real-property/#real-property-tenancy-by-the-entireties ### Partition A qualifying co-owner seeks division of the property or sale and division of proceeds. Courts apply statutory and equitable rules when physical division is impractical. https://2l.fizzilabs.com/library/real-property/#real-property-partition ## Landlord & tenant ### Leasehold A tenant receives possession for the lease's duration under agreed terms. The lease creates both a property interest and contractual obligations. https://2l.fizzilabs.com/library/real-property/#real-property-leasehold ### Tenancy for Years A lease has a defined ending date or ascertainable term. It ordinarily ends automatically at expiration without a separate termination notice unless law or agreement requires one. https://2l.fizzilabs.com/library/real-property/#real-property-tenancy-for-years ### Periodic Tenancy A lease renews for successive periods until properly terminated. Notice length and timing depend on statute and the rental period. https://2l.fizzilabs.com/library/real-property/#real-property-periodic-tenancy ### Tenancy at Will Possession continues with the parties' consent without a fixed term. Either may terminate, subject to statutory notice and other applicable protections. https://2l.fizzilabs.com/library/real-property/#real-property-tenancy-at-will ### Tenancy at Sufferance A former lawful tenant remains after the right to possess expires. The landlord must use lawful remedies; accepting rent can affect the resulting relationship. https://2l.fizzilabs.com/library/real-property/#real-property-tenancy-at-sufferance ### Covenant of Quiet Enjoyment The tenant is protected against substantial interference attributable to the landlord or superior title. Constructive eviction usually requires serious interference and timely departure under the applicable rule. https://2l.fizzilabs.com/library/real-property/#real-property-covenant-of-quiet-enjoyment ### Implied Warranty of Habitability Residential premises must satisfy basic legal standards of habitability. Remedies and notice requirements vary; a tenant's contractual waiver may be ineffective. https://2l.fizzilabs.com/library/real-property/#real-property-implied-warranty-of-habitability ### Retaliatory Eviction A landlord may be restricted from eviction or other adverse action taken because the tenant exercised protected rights. Statutory timing presumptions and defenses vary. https://2l.fizzilabs.com/library/real-property/#real-property-retaliatory-eviction ### Surrender Landlord and tenant agree to end the tenancy before its scheduled expiration. Acceptance may be express or inferred from conduct meeting the governing standard. https://2l.fizzilabs.com/library/real-property/#real-property-surrender ### Abandonment A tenant leaves without a right to terminate and intends not to return. The landlord's response, acceptance of surrender, and duty to mitigate determine continuing liability. https://2l.fizzilabs.com/library/real-property/#real-property-abandonment ### Assignment The tenant transfers the entire remaining leasehold interest. Privity of estate generally passes to the assignee, while the original tenant may remain contractually liable absent release. https://2l.fizzilabs.com/library/real-property/#real-property-assignment ### Sublease The tenant transfers less than the entire remaining leasehold and keeps a reversion. The subtenant ordinarily has no direct privity of estate with the original landlord. https://2l.fizzilabs.com/library/real-property/#real-property-sublease ## Easements & servitudes ### Nonpossessory Interest in Land A person can hold limited use rights or enforce restrictions without a general right to possession. Easements, profits, and servitudes are common examples. https://2l.fizzilabs.com/library/real-property/#real-property-nonpossessory-interest-in-land ### Benefit The advantage supplied by a servitude, such as a right to cross another parcel. Identify who can enforce it and whether it attaches to land or to a person. https://2l.fizzilabs.com/library/real-property/#real-property-benefit ### Burden The obligation or limitation imposed on the affected land. Its scope determines what the owner must permit, do, or refrain from doing. https://2l.fizzilabs.com/library/real-property/#real-property-burden ### Appurtenant A benefit belongs to ownership of a particular parcel and ordinarily transfers with it. The benefiting parcel is the dominant estate. https://2l.fizzilabs.com/library/real-property/#real-property-appurtenant ### In Gross A benefit belongs to a person or entity independently of ownership of a dominant parcel. Transferability depends on the type of right and governing law. https://2l.fizzilabs.com/library/real-property/#real-property-in-gross ### Servient Estate The parcel subject to an easement's burden. Its owner retains uses that do not unreasonably interfere with the authorized easement. https://2l.fizzilabs.com/library/real-property/#real-property-servient-estate ### Dominant Estate The parcel benefited by an appurtenant easement. The benefit ordinarily accompanies a transfer of that parcel. https://2l.fizzilabs.com/library/real-property/#real-property-dominant-estate ### Easement A nonpossessory right permits a particular use of someone else's land. Creation, scope, transfer, and termination depend on the grant or other legal basis. https://2l.fizzilabs.com/library/real-property/#real-property-easement ### Affirmative Easement The holder may use the servient land in a specified way, such as passage. Use must remain within the authorized purpose and scope. https://2l.fizzilabs.com/library/real-property/#real-property-affirmative-easement ### Negative Easement The holder can prevent a specified use of another's land. Traditional negative easements are limited, though statutes and modern servitude law recognize additional arrangements. https://2l.fizzilabs.com/library/real-property/#real-property-negative-easement ### Easement by Necessity Severance of commonly owned land can imply access when the required necessity existed at severance. The degree of necessity and termination rules depend on local law. https://2l.fizzilabs.com/library/real-property/#real-property-easement-by-necessity ### Easement by Prescription Open, adverse, and continuous use for the statutory period can create a use right. Permissive use ordinarily defeats adversity, and the resulting scope follows the qualifying use. https://2l.fizzilabs.com/library/real-property/#real-property-easement-by-prescription ### License Permission allows conduct on another's land that otherwise could be trespass. It ordinarily creates no estate and is revocable, subject to recognized exceptions such as estoppel. https://2l.fizzilabs.com/library/real-property/#real-property-license ### Profit A nonpossessory right allows taking natural resources from another's land, such as timber or minerals. Access rights reasonably necessary to exercise it may accompany the profit. https://2l.fizzilabs.com/library/real-property/#real-property-profit ### Exclusive Profit The grant reserves resource-taking to the holder to the extent specified. Whether the landowner is excluded as well depends on the grant's meaning. https://2l.fizzilabs.com/library/real-property/#real-property-exclusive-profit ### Nonexclusive Profit The resource-taking right is shared with the owner or other holders. Each holder must respect the grant's scope and limits on overuse. https://2l.fizzilabs.com/library/real-property/#real-property-nonexclusive-profit ### Surcharge Doctrine Overuse of a profit beyond its permitted quantity or scope can justify relief. The remedy depends on the seriousness of the misuse and whether lawful use can be separated. https://2l.fizzilabs.com/library/real-property/#real-property-surcharge-doctrine ### Covenant A promise concerns use of land or another property obligation. Whether successors can enforce it or are bound depends on the applicable real-covenant or servitude rules. https://2l.fizzilabs.com/library/real-property/#real-property-covenant ### Affirmative Covenant The promisor agrees to perform an act, such as maintaining a shared facility. Enforceability against successors requires more than the existence of the original promise. https://2l.fizzilabs.com/library/real-property/#real-property-affirmative-covenant ### Negative Covenant The promisor agrees to refrain from a specified use, such as certain construction. Running-with-the-land requirements and defenses determine successor enforcement. https://2l.fizzilabs.com/library/real-property/#real-property-negative-covenant ### Real Covenants Traditional doctrine allows certain land-related promises to bind or benefit successors at law. Writing, intent, touch and concern, notice, and relevant privity requirements must be separately assessed. https://2l.fizzilabs.com/library/real-property/#real-property-real-covenants ### Equitable Servitude Equity may enforce a land-use promise against successors when the applicable requirements are met. Traditional analysis emphasizes intent, land connection, and notice rather than identical legal-privity requirements. https://2l.fizzilabs.com/library/real-property/#real-property-equitable-servitude ### Merger Unity of the dominant and servient interests in the required ownership can extinguish an easement. Merely using both parcels does not itself establish legal merger. https://2l.fizzilabs.com/library/real-property/#real-property-merger ### Abandonment of a Servitude An easement holder's conduct must show intent to give up the right. Mere nonuse ordinarily is insufficient by itself. https://2l.fizzilabs.com/library/real-property/#real-property-abandonment-of-a-servitude ### Acquiescence Knowing tolerance of violations may limit equitable enforcement, especially when it undermines the restriction's purpose. The extent and character of tolerated conduct matter. https://2l.fizzilabs.com/library/real-property/#real-property-acquiescence ### Estoppel A holder may lose the ability to enforce a property right after conduct induces reasonable, detrimental reliance. Silence can matter when the circumstances create a duty to speak. https://2l.fizzilabs.com/library/real-property/#real-property-estoppel ## Nuisance & land use ### Nuisance Liability can arise from an unreasonable interference with protected use or public rights. Distinguish a private land-use injury from interference with a right common to the public. https://2l.fizzilabs.com/library/real-property/#real-property-nuisance ### Private Nuisance A substantial and unreasonable interference affects another's use and enjoyment of land. Negligent, intentional, and abnormally dangerous conduct can raise different liability analyses. https://2l.fizzilabs.com/library/real-property/#real-property-private-nuisance ### Zoning Local government regulates permitted land uses and development through delegated police power. Ordinances remain subject to statutory, constitutional, and procedural limits. https://2l.fizzilabs.com/library/real-property/#real-property-zoning ### Police Power Government may regulate for public health, safety, morals, and welfare. Property regulation still faces due-process, equal-protection, and takings constraints. https://2l.fizzilabs.com/library/real-property/#real-property-police-power ### Density Controls Rules limit the intensity of development, such as units per acre or minimum lot size. They regulate how much use occurs rather than only the category of use. https://2l.fizzilabs.com/library/real-property/#real-property-density-controls ### Conditional Use A zoning scheme allows a listed use if specified standards or approval conditions are satisfied. It differs from a variance that excuses compliance with an existing restriction. https://2l.fizzilabs.com/library/real-property/#real-property-conditional-use ### Variance An authorized exception relieves a property from a zoning requirement upon the required hardship showing. Personal inconvenience or a preference for greater profit is ordinarily insufficient. https://2l.fizzilabs.com/library/real-property/#real-property-variance ### Use Variance A variance permits a use otherwise prohibited in the zone. Many jurisdictions restrict or disallow this form, distinguishing it from dimensional relief. https://2l.fizzilabs.com/library/real-property/#real-property-use-variance ### Contract Zoning An impermissible arrangement can occur when government bargains away its legislative zoning discretion. Lawful conditional zoning and development agreements require separate statutory analysis. https://2l.fizzilabs.com/library/real-property/#real-property-contract-zoning ### Floating Zone A zoning category is defined before being mapped onto a particular parcel. Later application must satisfy the ordinance's standards and required approval process. https://2l.fizzilabs.com/library/real-property/#real-property-floating-zone ## Sale, title & conveyance ### Part Performance Certain conduct in reliance on an oral land agreement may support equitable enforcement despite the Statute of Frauds. Jurisdictions differ on which acts sufficiently identify the agreement. https://2l.fizzilabs.com/library/real-property/#real-property-part-performance ### Marketable Title Title is free from reasonable doubt exposing the buyer to substantial litigation or loss. It need not be perfect, but material defects and encumbrances can make it unmarketable. https://2l.fizzilabs.com/library/real-property/#real-property-marketable-title ### Equitable Conversion Under an enforceable land-sale contract, equity may treat the buyer as owner and the seller as holding the price interest. Risk of loss and other consequences can be changed by statute or contract. https://2l.fizzilabs.com/library/real-property/#real-property-equitable-conversion ### Deed A written instrument transfers an interest in land when required execution and delivery rules are met. Recording generally protects against competing claimants rather than creating delivery. https://2l.fizzilabs.com/library/real-property/#real-property-deed ### Delivery The grantor must intend the deed to operate as a present transfer. Physical handover is evidence of intent but is neither always necessary nor always sufficient. https://2l.fizzilabs.com/library/real-property/#real-property-delivery ### Conditional Delivery A deed placed with a third party may become effective upon fulfillment of a valid condition. A claimed oral condition on direct delivery to the grantee can receive different treatment. https://2l.fizzilabs.com/library/real-property/#real-property-conditional-delivery ### Relation Back Doctrine In some escrow settings, effectiveness may relate to an earlier event to carry out the transaction's intent. The doctrine is limited and cannot simply override intervening protected rights. https://2l.fizzilabs.com/library/real-property/#real-property-relation-back-doctrine ### Covenants for Title A deed may contain promises about ownership, authority, encumbrances, and protection against superior claims. The wording determines which covenants the grantor makes. https://2l.fizzilabs.com/library/real-property/#real-property-covenants-for-title ### General Warranty Deed The grantor provides broad title covenants covering qualifying defects regardless of when they arose. Present covenants concern seisin, authority, and encumbrances; future covenants address protected possession, warranty, and further assurances. https://2l.fizzilabs.com/library/real-property/#real-property-general-warranty-deed ### Present Covenant A title covenant concerning a fact at delivery, such as ownership or absence of encumbrances. Breach ordinarily occurs, if at all, when the deed is delivered. https://2l.fizzilabs.com/library/real-property/#real-property-present-covenant ### Future Covenant A promise protects against later disturbance by superior title or requires further title assistance. Breach depends on a later qualifying event rather than merely a defect existing at delivery. https://2l.fizzilabs.com/library/real-property/#real-property-future-covenant ### Bona Fide Purchaser A purchaser gives value and lacks legally relevant notice of a competing interest. Whether that status gains priority depends on the applicable recording statute and compliance with its requirements. https://2l.fizzilabs.com/library/real-property/#real-property-bona-fide-purchaser ### Estoppel by Deed A grantor who purports to convey an interest the grantor lacks may be prevented from denying it after later acquiring title. Application depends on the deed and jurisdiction. https://2l.fizzilabs.com/library/real-property/#real-property-estoppel-by-deed ### Special Warranty Deed The grantor's warranty covers qualifying title defects arising through the grantor's own acts or ownership period. It offers narrower protection than a general warranty deed. https://2l.fizzilabs.com/library/real-property/#real-property-special-warranty-deed ### Quitclaim Deed The grantor transfers whatever interest the grantor has without the usual title warranties. The deed does not promise that any ownership interest actually exists. https://2l.fizzilabs.com/library/real-property/#real-property-quitclaim-deed ### First in Time, First in Right The earlier valid property interest generally has priority unless a recording act or another priority rule changes the result. Recording statutes protect specified later claimants. https://2l.fizzilabs.com/library/real-property/#real-property-first-in-time-first-in-right ### Recording Act A race statute rewards first recording; a notice statute protects a later value purchaser without notice; a race-notice statute requires both lack of notice and earlier recording. Identify the jurisdiction's actual rule. https://2l.fizzilabs.com/library/real-property/#real-property-recording-act ### Notice Knowledge recognized by law can defeat protected purchaser status. Actual, record-based constructive, and inquiry notice are separate ways a buyer may be charged with awareness. https://2l.fizzilabs.com/library/real-property/#real-property-notice ### Actual Notice The purchaser actually knows of the earlier interest. A failure to record does not protect a buyer who already knows the conflicting claim exists. https://2l.fizzilabs.com/library/real-property/#real-property-actual-notice ### Constructive Notice Properly recorded instruments can legally notify later purchasers within the searchable chain of title. A recorded document outside that chain may fail to provide effective notice. https://2l.fizzilabs.com/library/real-property/#real-property-constructive-notice ### Inquiry Notice Visible possession or other warning facts can require a reasonable investigation. A buyer may be charged with what that investigation would have revealed. https://2l.fizzilabs.com/library/real-property/#real-property-inquiry-notice ### Wild Deed A recorded deed lies outside the apparent chain of title, often because a connecting conveyance was not recorded. It ordinarily does not provide the same notice as a properly connected instrument. https://2l.fizzilabs.com/library/real-property/#real-property-wild-deed