Generated Deck

the person who has valid ownership rights over the property and a superior property interest.

a bundle of rights, including the right to possess, exclude, use, and transfer.

a person who finds a lost item and becomes an involuntary bailee of the property.

to exercise reasonable care and take reasonable steps to find the true owner.

superior to all others except the true owner.

a person entrusts property to another for a specific purpose, voluntarily or involuntarily.

a person who has the right to possess the property they entrust to another.

the person entrusted with the property and has a duty to care for and return it to the bailor.

the owner of the place where an item is found.

superior interest over the locus owner.

superior interest over the finder.

property the owner intentionally and voluntarily relinquishes by taking active steps.

the first finder of it.

property placed somewhere and forgotten by the true owner.

superior property interest over the finder.

property that the true owner inadvertently or unintentionally loses track of.

a person who enters privately owned land without the permission of the property owner.

the true owner does not act to evict within the statute of limitations and all elements of adverse possession are met.

20 years.

actual, adverse, exclusive, hostile, open and notorious, and continuous.

the adverse possessor appears to neighbors to have control and management of the property.

the adverse possessor uses the property without the owner's permission.

the adverse possessor acts alone in the possession and use of the property.

the adverse possessor’s use of the property is incompatible with the owner’s possession.

the adverse possessor’s use of the property is readily observable by the owner.

the adverse possessor’s use of the property is uninterrupted for 20 years or more.

the legal action to forcibly remove a trespasser from land.

the adverse possessor.

personal property (anything other than real property).

the statute of limitations for replevin or conversion does not begin until the injured party discovers or should have discovered who has possession of the missing property.

the value of the property.

5 years.

replevin.

conversion.

the true owner exercises due diligence in discovering who possesses the property.

gains ownership, and the true owner loses their property interest.

the true owner.

a conveyance: “O to A.”

the closest form of unlimited ownership recognized by law.

the bundle of rights to possess, use, exclude, and transfer the property through gift, sale, will, or intestate succession.

grants of real property that can terminate if a specified condition occurs.

forfeiture of ownership.

a defeasible fee that automatically reverts to the grantor if the condition is breached.

a possibility of reverter.

7 years of the breach.

a defeasible fee where the grantor retains a right to retake the property if the condition is breached.

a right of entry.

bringing a civil action within 7 years to assert the breach of the condition.

an eviction action or a suit for quiet title.

a person dies owning property without a will or other document that distributes the property.

a person who takes a decedent's property by intestate succession.

the decedent's debts must be paid.

the spouse takes half of the estate, and the descendants equally divide the other half, per stirpes.

the descendants equally divide the estate, per stirpes.

the spouse takes the entire estate.

Donative intent, delivery, and acceptance.

The donor is the giver of the gift.

The donee is the recipient of the gift.

The intent to transfer a property interest to the donee.

Manual, constructive, and symbolic delivery.

Physical delivery of the gift.

Handing over access to the gift, like giving keys to a car.

Delivery of a document, such as a deed, that conveys ownership to the donee.

If the property would be valuable to the donee, unless the donee explicitly rejects it.

The property becomes irrevocably the donee's property.

Tenants in common.

Separate, undivided, fractional interest.

Yes, they are alienable, devisable, and inheritable.

"From O to A and B, in joint tenancy and not as tenants in common."

Separate, undivided, equal fractional interest with the right of survivorship.

The interest is not inheritable or devisable and terminates upon the death of a joint tenant, allowing the surviving joint tenant to take sole ownership.

A self-transfer, such as “O to O,” that severs a joint tenancy and converts it into a tenancy in common.

"O to K and L (who are married), tenants by the entirety."

Only married couples, and it only applies to principal residences.

Yes, it includes the right of survivorship.

No, there is no right for unilateral self-conveyance in tenancy by the entirety.

No, creditors of one spouse cannot reach the property.

Yes. Creditors of either co-owner can reach the joint tenancy interest of the debtor-owner. A creditor could force a judicial sale of a co-owner's interest to recover the value of those interests. After the sale, the other co-owner and the purchaser at the judicial sale will own as tenants in common with each having a ½ interest.

Yes.

A rental agreement is a contractual agreement between the landlord and tenant regarding the possessory interest in the property for a designated term.

A lease is a written conveyance that transfers a possessory property interest from the grantor (landlord) to the grantee (tenant).

A form lease is a standardized document, written by the landlord, that is offered to all potential tenants on a take-it-or-leave-it basis, with little to no room for negotiation.

The Statute of Frauds requires that leases with a term longer than a year must be in writing.

Abandonment occurs when a tenant has moved out without legal justification during the term of the lease, has stopped paying rent, and does not intend on returning.

In Illinois, a landlord has a duty to mitigate damages, even when a tenant abandons the property, and the landlord has the burden of proving that the landlord made reasonable efforts to find a replacement tenant for the remainder of the term.

Constructive eviction occurs when a landlord's acts or omissions render the rental unit useless to the tenant or deprive the tenant of possession and enjoyment of the unit, in whole or in part.

The tenant must make reasonable attempts to notify the landlord of the problems with the rental unit.

If the landlord fails to correct the problems within a reasonable time, the tenant may proceed with constructive eviction.

The tenant must vacate the rental unit within a reasonable time after the landlord has failed to repair the problems.

If all elements of constructive eviction are met, the tenant is excused from paying rent and complying with the rental agreement for the remainder of the term of the tenancy.

The IWH ensures that any residential dwelling unit has an implied warranty in the lease, requiring the landlord to maintain premises that are safe, clean, and fit for human habitation throughout the tenancy.

No, the IWH cannot be waived by a written lease provision or oral agreement.

Hilder v. St. Peter (1984) established the IWH and is followed by Illinois courts, except for how rent damages are calculated.

The IWH is violated when the tenant informs the landlord of substandard conditions, and the landlord fails to repair them within a reasonable time.

No, the IWH is not violated if the defect was caused by the tenant.

Rent reimbursement allows a tenant to recover some or all of their paid rent if the conditions violated the IWH.

Repair and deduct allows a tenant to make necessary repairs and deduct the costs from rent after the IWH has been violated.

Rent withholding allows a tenant to notify the landlord that the tenant will not pay a portion of future rent until the substandard conditions are repaired.

Contract damages are measured based on the percentage reduction of use theory, reflecting the percentage of space and services not available to the tenant due to the violation.

The grantor's promise to convey marketable title to the grantee is implied in the sale of all real property.

Marketable title means the ownership conveyed will be fee simple and free of encumbrances.

Covenants are promises made by prior owners to limit the occupancy or use of the real property.

Violations of covenants or zoning laws that apply to the real property are considered encumbrances.

Liens, including mortgages, are interests in the real property that creditors have to seek a judicial sale of the property to satisfy a delinquent debt.

Easements are rights that non-owners have to enter the real property for a specific purpose.

The reservation of a mineral interest is when a prior owner retains the right to the minerals on the property.

A claim of title by adverse possession is when someone asserts ownership of the property after occupying it continuously and openly for a legally prescribed period.

Taking property "subject to" encumbrances means the grantee waives their rights to claim that the title is unmarketable due to those encumbrances.

Fraudulent representation is when a seller lies about the material facts regarding the property.

Fraudulent concealment occurs when a seller knows of material facts affecting the value or desirability of the property that are not observable or known to the buyer and fails to disclose them.

A buyer has five years from learning about the material defect to bring a cause of action for fraudulent concealment.

The Residential Real Property Report is a required disclosure for sellers of single-family homes or dwellings with four units or less in Illinois.

Sellers must disclose material defects that they have actual knowledge of, which significantly impair the health and safety of future occupants or adversely affect the property's value.

No, sellers are not liable for material defects they did not know about if they answered 'no' on the disclosure form in good faith.

The statute of limitations is one year from the time the buyer takes possession of the property.

No, sellers in Illinois have no duty to disclose off-site facts regarding the property.

A lien is an interest in real property that a debtor gives to a creditor to secure a debt.

Buyers usually take out loans because they do not have enough money to pay the full purchase price of a home.

A promissory note is a contract requiring the borrower to repay the debt and interest, essentially an 'I owe you.'

Mortgage debt is usually repaid over a term of thirty years in monthly increments.

A mortgage is a type of lien that allows a lender to seek a judicial sale of the property if the borrower fails to pay according to the promissory note terms.

The mortgagor is the borrower/homeowner, and the mortgagee is the lender.

The remaining principal of the seller’s mortgage is paid off before the lender releases the mortgage.

Equity is when the fair-market value of a home exceeds the outstanding debt on the principal of the mortgage.

A deed is a legal document transferring the ownership of real property.

A general warranty deed warrants title against all defects in title, whether they arose before or after the grantor took title.

The covenant of seisin guarantees that the grantor owns in fee simple the real property they purport to convey.

The covenant of right to convey guarantees that the grantor has the right to convey the real property.

The covenant against encumbrances guarantees that there are no encumbrances on the property.

Present covenants are violated after the deed is delivered to the grantee.

The statute of limitations for present covenants is 10 years from the time of the delivery of the deed.

The covenant of general warranty guarantees that the grantor will defend against lawful claims on the property and compensate the grantee for any losses due to a superior title.

The covenant of quiet enjoyment guarantees that the grantee will not be disturbed in possession and enjoyment of the property by the assertion of a superior title.

The covenant of further assurances promises that the grantor will execute any documents necessary to perfect the title conveyed.

Future covenants are violated when the beneficiary of the encumbrance asserts their adverse interest to the grantee after the transfer of ownership.

The statute of limitations for future covenants is 10 years from the time the holder of the adverse interest asserts it.

The transfer of ownership occurs upon the delivery of the general warranty deed to the grantee.

Every county has a recorder responsible for recording deeds, mortgages, wills, liens, and other legal documents about land.

No, a conveyance does not require recording for the transferred interest to be valid.

The purpose of recording is to create chains of title for properties and maintain legally recognized copies of important documents.

Once a document is recorded, the whole world has constructive notice of its existence.

Title insurance offers extra protection for the marketability of the title received by the buyerrantee in a real property transfer.

The seller purchases the owner's title insurance policy for the buyer of the real property.

The amount of insurance coverage is equal to the purchase price of the real property.

The TIC searches the records in the chain of title to identify any encumbrances on the property being sold.

A title commitment is a written report issued by the TIC that identifies encumbrances found during the search and urges their elimination before ownership is conveyed.

The TIC will not cover any losses the buyer/new owner experiences due to those encumbrances.

The TIC is liable for losses caused by encumbrances in the chain of title that the TIC failed to discover in its search.

An owner's title insurance policy is in effect for as long as the buyer owns the property.

Yes, TICs in Illinois are liable for breach of their title insurance policies.

No, TICs in Illinois are not generally liable in tort to their insureds.

A nuisance occurs when an owner/possessor uses their property in a way that substantially interferes with a neighbor's use and enjoyment of their property.

The victim can bring a civil action for damages and/or injunctive relief to abate the nuisance.

Under common law, remedies did not consider the social utility of the defendant's conduct and included temporary damages for past harm and injunctive relief to prevent future harm.

The modern trend involves weighing the social utility of the defendant's activity when determining remedies.

The court held that the harm to society by abating the nuisance outweighed the harm to the victims, allowing the defendant to pay permanent damages to avoid an injunction.

If the defendant pays permanent damages, the court imposes a servitude on the plaintiff's property, preventing future nuisance actions by the plaintiff or future owners against the defendant.

An easement is a nonpossessory right of a non-owner of land to enter another's land for a specific purpose, usually a right of way.

An easement can be created in writing in a deed or by judicial decision, such as a prescriptive easement or one under the public trust doctrine.

A utility easement gives municipalities and utility companies the right to install service lines such as electric, cable, water, and sewage lines.

Easements are encumbrances, which can render title not marketable, but buyers often buy property "subject to" the easement due to their common nature.

Yes, in Illinois, an easement created in a deed can benefit third parties other than the grantor and grantee.

An equitable servitude is a covenant that future owners or possessors of real property must obey.

The original promisor must intend for the covenant to apply to future owners, and future owners must have notice of the covenant before acquiring ownership/possession of the property.

If the covenant was intended to bind future owners and the future owners had notice of the covenant, they can be bound by it.

Neighbors can bring a civil action seeking an injunction to compel the future owners to comply with the covenant.

If the injunction is granted, it runs with the land and obligates future owners or possessors to comply with the covenant.

Zoning laws are enacted by local governments to regulate the use, lot sizes, and the location and height of buildings on real property.

Existing uses that don't comply with new zoning laws are allowed to continue as a nonconforming use.

An owner can request a variance from the zoning board of appeals if the zoning law causes substantial economic or practical hardship.

Neighbors are invited to attend and express their opinions about the variance request.

The owners/possessors of the property will not be required to comply with the applicable zoning law provisions.

A covenant can limit the use of a parcel to one of the uses allowed by the zoning law, but not to a use that the zoning law prohibits.