Property Flashcards for Law Students

Adverse possession (OCEAN): open & notorious, continuous, exclusive, actual, non-permissive (hostile) for the statutory period.

Rule Against Perpetuities: interest must vest or fail within 21 years of a life in being at creation.

Implied warranty of habitability: residential landlords must maintain premises in livable condition.

Penn Central takings test: (1) economic impact, (2) investment-backed expectations, (3) character of government action.

Loretto: per se taking when government authorizes permanent physical occupation.

Easement by prescription: open, notorious, continuous, hostile use for the statutory period (like adverse possession but no exclusivity).