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Real Property – Nutshell Examples - page 4 / 22





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only a life estate from his AP (measured by O’s husband’s life).  Paul doesn’t acquire the entire fee by AP until he is there for at least 10 years after the death of Olga’s husband, which is when the daughter acquires her own action against Paul. (45)

Ex:Olga rented to Tom for a 20 year term, ending in 2000.  Paul entered in 85.  In 95, Paul became a successful AP’or against Tom, but that only gave Paul the balance of Tom’s term.  For Paul to become a successful AP’or against Olga, he must possess for ten years after her reversion becomes possessory at the lease’s termination. (45)

Ex:Paul entered Olga’s property in 85.  In 90, Olga leases to Tom for 15 years.  In 95, Paul gains the fee title by AP.  Because the AP began before the lease, Olga could lease only AP’d land.  The same would be true if Olga had conveyed the property to Tom after Paul had entered.  She is only transferring to Tom her COA against Paul, and the time Paul needs to get title by AP is not thereby extended. (45)


Effects of AP on Non-Possessory Interests

Ex:Paul AP’s Olga’s property by fencing it off.  One effect of this fence is to block off a right of way that Olga formerly had granted to Sam.  If Sam fails to sue Paul to recover access, he will lose his easement over the property.  But if Paul’s possessory acts do not interfere with Sam’s easement, the title Paul acquires by AP will be subject to Sam’s easement.  (46)

Ex:Olga owns prop subject to a restrictive covenant that limits any building to 2 stories.  Paul AP’s the land but never builds a building over 2 stories.  At the end of the time period, Paul will have title by AP, but it will be subject to the covenant because the beneficiaries of the covenant have never had a COA against Paul for breach. (46)


Consequences of Having Been and AP’or.

Ex:Paul possessed for 11 years.  Thereafter, he failed to pay the prop taxes.  Even if payment of taxes were a requirement of AP, Paul will prevail against Olga.  Possession plus taxes during the limitations period made

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