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229 Cards in this Set

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What is the Desired remedy in property law?
Specific Performance
Definition: Chain of Title
The line of ownership of a piece of property connecting current owner to the original owner.
Definition: Action of Ejectment
The act of legally throwing someone off of property that you rightfully own.
Definition: Patent
The original title to land granted by the US Government.
Definition: Right of Occupancy
The right that someone has to be on the property, regardless of if they have full ownership rights to the land.
Definition: Owner of the Locus
Owner of the Property, applies in acquisition by find scenarios.
Definition: Chattel
Private Property, a thing.
Definition: Easement
The legal right to use the property of another, for an express purpose (usually access to your property).
Definition: Color of title
A document that appears to establish title to land but turns out to be void for some reason.
Definition: First in Time
the doctrine that whoever had established their claim to the land first had superior title to the land. Not necessarily applicable in all situations (doctrine of discovery v. doctrine of conquest)
Definition: Gift Causa Mortis
A gift that is made upon or in expectance of death.
Definition: Gift Inter Vivos
A gift that is made during ones life
Definition: donative intent
one has the intent to give a gift, giving of a gift must be voluntary.
Definition: Freehold estate
an estate that is freely alienable
Definition: NonFreehold estate
an estate that is not freely alienable
Definition: alienability
the ability to sell a piece of property or otherwise seperate yourself of it.
Definition: Fee Simple (FS)
an freehold interest in land that endures forever
Definition: Intestate
without a will
Definition: Testate
with a will
Definition: Devise
"willing" something
Definition: Devisee
a person to whom property is devised
Definition: Beneficiary
A person to whom property is bequethed
Definition: Heir
The person who receive the property if a person dies intestate by the laws of intestate succession. A living person CANNOT have heirs (only heirs apparent)
Definition: Laws of Intestate Succession
Laws that govern to whom property goes when someone dies intestate.
Definition: Issue
a persons children or other lineal descendants
Definition: Descendants
biological descendants of a person, not limited to children.
Definition: Ancestors
biological predecessors of a person, not limited to parents.
Definition: Collaterals
All persons related by blood to the person who are neither descendants nor ancestors are collateral kin. (siblings, nephews, uncles, and cousins)
Definition: Escheat
when the land passes to the state because there are no heirs.
Definition: Representation
receiving property intestate on behalf of another.
Definition: Per Stirpes
The distribution when a beneficiary dies before the person whose estate is being divided.
Definition: Life Estate
The right to use or occupy a piece of property for one's life.
Definition: Reversion
Future interest held by the conveyer of a life estate.
Definition: Remainder
Time left over in a life estate after the recipient dies but the conveyer is still alive.
Definition: Remainderman
One who receives a remainder.
Holding of: Johnson v. M'Intosh
The government alone has rights to ORIGINALLY sell or grant property within its borders.
Holding of: Keeble v. Hickeringill
One CAN be held liable for disabling anothers capture or a wild animal.
Holding of: Pierson v. Post
A person does not acquire right to a wild animal simply by pursuit of it.
Holding of: Cheney Brothers v. Doris Silk Corp.
A man's property is limited to the chattels which embody his invention. Others may imitate at their pleasure.
Holding of: Armory v. Delamirie
Public policy is to maximize likelihood that object will be returned to its true owner.
Definition of: Mislaid Property
Property that the true owner intentionally places or leaves behind with the intent to reclaim.
Definition of: Lost Property
Property that is unintentionally left/placed by the true owner.
Definition of: Abandoned Property
Property that is intentionally lef/placed by the true owner with no intent to reclaim.
Definition of: Treasure Trove
Certain types of property that is intnetionally hidden [in the earth] with intent to reclaim.
Definition of: Claim of Title
Hostility or claim of right on the part of an adverse possessor.
What is the purpose of adverse possession?
- to automatically quiet all title which are openly and consistently asserted
- to provide proof of meritorious titles
- to correct errors in conveyancing
- to promote the economic use of land
Requirements to gain title by adverse possession.
1. Actual entry giving exclusive possession
2. Must be open and notorious
3. Must be adverse under a claim of right
4. Continuous for the statutory period.
3 theories of required states of mind standards of an adverse possessor
1. Objective Standard: State of mind is irrelevant
2. Good-Faith Standard: "I thought I didn't own it, but intended to make it mine"
3. Aggressive Trespass standard: I thought I didn't own it, but I intended to make it mine"
What did the Maine Doctrine require?
The possessing party must be aggressively adverse possessing the property, A knowing wrongful taking.
What are the required elements of a legal gift?
- Intent
- Delivery
- Acceptance
What are the three kinds of delivery of a gift?
1. Manual(actual)
2. Constructive
3. Symbolic
What type of delivery would occur in the following situation: A hands a gift to B?
Manual/Actual Delivery
What type of delivery would occur in the following situation: A hands B a key to his house, giving the house as a gift.
Constructive Delivery
What type of deliver would occur in the following situation: A hands a letter to B declaring X as a gift to B.
Symbolic Delivery
What is the working definition of manual delivery?
actually handing a gift over, from the giver to the recipient.
What is the working definition of constructive delivery?
handing a key or some object that will allow access to the gift.
What is the working definition of symbolic delivery?
Handing over something symbolic of the property given (piece of paper)
Which state is harder to show proof of delivery? Causa Mortis or Inter Vivos?
Causa Mortis
What is the Priority of intestate succession? (who gets what first)
1. Issue
2. Ancestors
3. Collaterals
4. Ancestors Collaterals
5. State
Is Fee Simple Freehold or Nonfreehold?
Freehold
Is Fee Simple Determinable Freehold or nonfreehold?
Freehold
Is Life Estate Freehold or nonfreehold?
Freehold
Is Fee Tail Freehold or nonfreehold?
Freehold
What does the following convey? O to A
Fee Simple
What does the following convey? O to A and his heirs
Fee Simple
When ambiguous, did common law prefer Fee Simple or Life Estate?
Life Estate
When ambiguous, does modern law prefer Fee Simple or Life Estate?
Fee Simple
In the conveyance "O to A and his heirs" What does A have presently?
Nothing, A's heirs do not have, and are not guaranteed to receive anything. A can sell or give away the property whenever he chooses since he has a Fee Simple. If A keeps the land and dies intestate, then his heirs will receive the land.
Conveyance: "O to A and his heirs." A does not sell the land and dies testate devising the land to B. What rights do A's heirs have?
No rights. A owned a Fee Simple and was free to devise the property to B if he chooses.
What is the following conveyance an example of? "O to A and his heirs so long as liquor is not sold on the premises.
Fee Simple Determinable
What are words of limitation that signal a Fee Simple Determinable?
So long as, as long as, while, during, until.
What are the following words of limitation signals of? "So long as", "as long as", "while", "during", "until"
Fee Simple Determinable
What is the remainder for a Fee Simple Determinable?
Possibility of Reverter
A Possibility of Reverter is the remainder for which estate?
Fee Simple Determinable
True or False? Possibility of Reverter is effective immediately upon the occurence of a specified event.
True, occurence constitutes the expiration of the granted estate.
True or False? Possibility of reverter is not effective immediately upon the occurence of a specified event.
False, occurence constitutes the expiration of the granted estate.
What is the following conveyance an example of? "O to A and his heirs, on the express condition that if liquor is ever sold on the premises, O retains the power to enter and reacquire title."
Fee Simple Subject to a Condition Subsequent.
What are "magic words" signifying a FSSCS?
"but", "but if", "on the condition that", "subject to the condition that", "provided that", or "unless"
What estate are the following magic words signals of? "but", "but if", "on the condition that", "subject to the condition that", "provided that", or "unless"
Fee Simple Subject to Condition Subsequent.
What is the remainder for a FSSCS?
Right of Entry
What estate is the right of entry the remainder for?
Fee Simple Subject to Condition Subsequent.
If the stated condition of a Fee Simple Subject to Condition Subsequent is violated does the estate automatically go back to the grantor?
No, the grantor has a right of entry, but has only the power to reacquire title by taking steps to achieve that.
What remainder requires the grantor to take active steps to achieve the reclamation of title?
Right of Entry
If O gives A a FSSCS, and A violates the condition, and O does nothing, does A keep the title?
Yes
What is the following Conveyance an example of?
"O to A and his heirs on the express condition that if liquor is ever sold on the premises, title passes to B and his heirs" What do A and B own?
A has a Fee Simple Subject to Executory Limitation.
B has an Executory Interest.
Does the following conveyance violate the Rule Against Perpetuities? "O to A and his heirs on the express condition that if liquor is ever sold on the premises, title passes to B and his heirs"
Yes, "if liquor is EVER sold on the premesis" extends indefinately.
Does the following conveyance violate the Rule Against Perpetuities? "O to A and his heirs on the express condition that if A evers sells liquor on the premises, title passes to B and his heirs."
No, the executory limitation is to A alone. Since A is a life in being the interest MUST vest or fail within A's lifetime.
What is the future interest for the estate of Fee Simple Subject to Executory Limitation?
Executory Interest
True or False, in a FSSEL (O --> A --> B), if A violates the limitation the title automatically is transferred to B?
True
True or False, in a FSSEL (O --> A --> B), if A violates the limitation the title is not automatically is transferred to B?
False
Which are MORE similar?

Executory limitation and Right of Entry
or
Executory limitation and Possibility of Reverter
Executory Interest and Possiblity or Reverter.

Both automatically transfer title upon the occurence of a specified event.
What is the estate in the following conveyance? "O to A for Life"
Life Estate
What happens to the estate "O to A for Life" after A dies?
Reverts back to O, if O is dead then to O's heirs, if O has no heirs it will escheat to the state.
Does the death of the holder of a life estate constitute a natural termination of the estate or a forfeiture of the estate?
natural termination

The Life estate ends and becomes a Fee Simple when reverted back to O
When O conveys a life estate to A, must O necessarily reserve a reversion?
No, the reversion is retained as a matter of law.
What is the estate in the following conveyances? "O to A so long as A shall live", "O to A during A's Life", "O to A while A lives", "O to A until A dies"
A Life Estate, the "magic words" are those of a Fee Simple Determinable
What is the following conveyance an example of? "O to A and the heirs of his body"
Fee Tail
What does an attempted conveyance of Fee tail amount to at modern law?
Courts will interpret an attempted Fee Tail as a Fee Simple.
When does a future interest become vested?
when there is not condition standing in the way of its becoming possessory other than the natural termination of the preceding estate, and it is possible to ascertain who will acquire title to the land when the preceding estate terminates.
What are required in order to a future interest to vest?
1. natural termination of preceding estate
2. ascertainable recipient of title.
Are Possibilities of reverter subject to the Rule Against Perpetuities?
No
Is a Right of Entry created as an operation of law? need O expressly reserve the Right of Entry?
No it is not created as an operation of law.

Yes O need expressly reserve the Right of Entry.
What occurs if O fails to reserve a Right of Entry in an attempted conveyance of Fee Simple Subject to Condition Subsequent?
The title conferred becomes a Fee Simple in A. O has NO further property interest in the estate.
What occurs if O fails to reserve a Right of Entry in an attempted conveyance of Fee Simple Determinable?
HA! Trick Question...

Right of Entry applies to FSSCS, not FSD. If O fails to reserve a ROE in an attempted FSD, then he did nothing more than NOT look like a dumbass. His FSD has an implied POR as a matter of law.
Is the Possibility of Reverter a "vested" future interest?
no, because it does not depend upon the termination of a preceding conveyed estate
True or False, the Right of entry is not a "vested" future interest?
True, because it does not depend upon the termination of a preceding conbeyed estate.
Is a reversion effective "as a matter of law?"
Yes, reversion automatically follows a Life Estate and need not be expressly stated.
O to A for life, and if B reaches 21, then to B and his heirs. A dies before B reaches 21.
A has a life estate
B has a contingent remainder

But since the required event did not occur before the end of A's estate (B turning 21) B's Contingent remainder is destroyed and O's reversion becomes a Fee Simple.
"O to A for life, and if B reaches 21, then to B and his heirs" A dies after B reaches 21.
A has/had a LE
B had a contingent remainder that, upon A's death becomes a FS.
O had a reversion, which was destroyed upon B's turning 21 during A's lifetime.
at common law "O to A for life, and if B reaches 21, then to B and his heirs" A grants to C. What does everyone have?
O has a reversion
A has a life estate
B has a contingent remainder
C has a life estate that will end upon A's death, regardless of whether or not B has reached 21.

If B is 21 at A's death the estate goes to B, if not the estate goes to O
in modern law, "O conveys to A for life, and if B reaches 21, then to B and his heirs" A dies before B reaches 21. What effect would modern statute have on this situation?
A's Fee simple would leave O with a FSSEL and B with an Executory Interest.

If B subsequently reaces 21 B gets a FS and O's interest is extinguished.

If B dies before 21 O receives a FS and B's EI is extinguished.
How do modern statutes effect Contingent Remainders?
The effectively make them indestructable, "temporarily" creating in O a FSSEL and an EI in the party who held the CR.
Is a reversion a vested interest?
yes. the only condition standing in the way of it becomin possessory is the natural termination of the previous LE.
Is a reversion subject to the Rule Against Perpetuities?
No.
"O to A for life, then to B and his heirs" is B's interest vested?
Yes, there is no condition standing in the way of its becoming possessory other than the natural termination of the preceding estate.
True or False, ALL remainders, whether vested or contingent depend upon a preceding estate.
True
True or False, if a future interest of a claimant other than the grantor relies upon the termination of an estate other than a LE the interest MUST be an Executory Interest?
True
True or False if a grantee purchases a reversion it is relabeled an Executory Interest?
False, it is still a reversion.
Can someone who owns a possessory Life Estate in Blackacre convey a Fee Simple in Blackacre?
No, one can not convey any more than they have.
"O to A for life, remainder to A's Children" A has one child B at the time.
A has a LE
B has a vested remainder that is certain to occur upon the death of A, however A may have more children during his life. So, while it is certain that B will recieve an interest that class of people is still open to more children being born, thus the amount of interest that they will share is not certain.
recipients of a VRSO have what legal relation to each other?
Joint tenants with rights of survivorship.
"O to A for life, remainder to A's Children" A has no children at the time.
What do A's yet to be born children own?
A's children (pre-birth) have a contingent remainder. Their remainder vests upon birth creating a VRSO.
Before A's children are born (if none are born) O has a reversion interest.
"O to A for life, remainder to B and his heirs, on the express condition that if B should fail to reach the age of 21, then title to the land shall pass to C and his heirs." Is B's remainder vested? Is C's remainder vested?
B's interest is vested
C's interest is not vested.
"O to A for life, remainder to B and his heirs, on the express condition that if B should fail to reach the age of 21, then title to the land shall pass to C and his heirs." B dies before reaching 21, but after A has dies. What does C (or his heirs get) what does B's heirs get?
C's former EI becomes a FS
B's heirs get nothing.
"O to A for life, remainder to B and his heirs, on the express condition that if B should fail to reach the age of 21, then title to the land shall pass to C and his heirs." What does A, B, and C have?
B has a reversion, which upon A's death would become a FSSEL
C has an Executory Interest
A has a life estate
Is a Contingent Remainder vested?
No.
"O to A for life, and if B reaches 21, then to B and his heirs" B is not yet 21. Is B's interest vessted? What is B's Interest?
B's interest is NOT vested.
B's interest is a contingent remainder.
A Remainder (in one form or another) ALWAYS follows what two estates?
Life Estate and Fee Tail.
"O to A for life, remainder to B and his heirs, but if B fails to reach 21, title shall pass to C and his heirs" A dies before B reaches 21.
B receives a FSSEL. If B subsequently reaches 21 then C's interest is extinguished and B's FSSEL becomes a FS. If B still dies before 21 the C's EI becomes a FS.
"O to A and the heirs of his body, remainder to B and his heirs if B reaches 21" A dies with no children before B reaches 21.
O's reversion becomes a Fee Simple, all other interests (B and his heirs) are extinguished.
What is a contingent remainder with a double aspect referred to as?
Alternative Contingent Remainders.
"O to A for life, and if B reaches 21 then to B and his heirs, but if B fails to reach 21 then to C and his heirs. What do B and C have?
B and C BOTH have Contingent Remainders.

Both remainders depend on B reaching 21 or not.
True or False, in "O to A for life, and if B reaches 21 then to B and his heirs, but if B fails to reach 21 then to C and his heirs" If A dies C's interest vests.
True, regardless of whether B is 21 yet or not, because once A has died C need only wait for the natural termination of the previous estate.
When there are contingent remainders involved does O still retain a reversion?
Yes, as a matter of law a reversion is implied.
O conveys a Life Estate to A with Contingent Remainders to B and C. O subsequently purchases A's Life Estate back from A. What happens to The Interests of all parties?
O's LE and Reversion merge and create a FS
B and C's Contingent Remainders are extinguished by the merging of O's two interests.
Is an Executory Interest a Vested Future Interest?
No
"O to A for life, remainder to B and his heirs, on the express condition that if B should fail to reach 21, then to C and his heirs." What does A have, What does B have, and what does C have?
A has a life estate
B has a vested remainder subject to executory limitation
C has an executory interest until B reaches 21.
What does the doctrine of worthier title stand for?
The idea that it is "worthier" to acquire title by descent than by purchase.
The idea that it is worthier to acquire title by descent than by purchase, is what doctrine?
The Doctrine of Worthier Title.
"O to A and her heirs" A's only child, B, is a spendthrift and runs up large, unpaid bills. B's creditors can attach B's property to satisfy their claims. Does B have an interest reachable by B's creditors?
No, A has a FS and B has no guaranteed interest in the property.
"O to A and her heirs" A has one child, Z, Can Z stop A from selling the property to finance an off-broadway play? What if it's on-broadway?
No and No. Z has no interest in the property unless A conveyes an interest to him.
At Common Law, "O to A for life and then to B forever"
A has a LE
B has a LE
O (or heirs) had a FS
At Modern Law, "O to A for life and then to B forever"
A has a LE
B has a FS
O has nothing
"O to A and her heirs." If A dies intestate without issue, will the land escheat to the state?
No, A can have heirs that aren't issue (descendants, ancestors, collateral)
"O to A for life, remainder to B and her heirs." B then dies intestate without heirs. A then dies. Who owns the land?
The land escheats to the state.
Which Fee Simple is so limited that it will end automatically when a stated event happens?
Fee Simple Determinable
Which fee simple does not automatically terminate, but may be cut short or divested at the transferor's election when a stated condition happens?
Fee Simple Subject to Condition Subsequent
What is meant when a will is "Holographic"?
it is a handwritten will.
Definition: Partial Intestacy
a testator bequethed some of her possessions, but not all. The remaining, unbequethed property will be devised according to the laws of intestate succession.
Do Future Interests have any value?
Yes
Can a Future Interest be sold, even if it is not vested?
Yes and Yes.
What is a Defeasible Fee?
A Fee Simple with some condiition that will cause it to end. (FSD, FSSCS, FSSEL)
True or False, a FSSEL is an Indefeasible Fee?
False, it can be ended by the limitation occuring and then it becomes the estate of the holder of the Executory Interest.
True or False, a FSD is a Defeasible Fee?
True
True or False, a FSSCCS is an indefeasible Fee?
False
Definition: Doctrine of Waste
The owner of a Future interest has the right to protect the property and limit the actions of the present possessory owner.
"O to A for life, then to B and her heirs if B attains the age of 21 before A dies." What does everyone have?
A has a LE
B has a CR
O has a Reversion
"O to A for 20 years" What do they have?
A has a Term of Years (20)
O has a Reversion after the 20 years.
"O to A for life, then to B for life." O dies with a will devising all of O's property to C. Then A dies, then B dies. Who owns the property?
A has a LE
B has a Vested Remainder in LE
O has a Reversion
C will inherit O's FS
"O to A for life, then to B if B gives A a proper funeral. Does B have a remainder or an executory interest? If it is an executory interest, whose interest will be divested if B gives A a propert funeral?
A has a LE
O has a a Reversionary interest in a Fee Simple Subject to Executory Limitation
B has an Executory Interest
"O to A for life, then to B and her heirs" what do they have?
A has a LE
B has a reversion
when A dies, B will have a FS
"O to A for life, then to B and her heirs" However B and his whole family were on the wrong side of Noah's flood and everyon B had ever known died. Who gets the land when A dies?
B's heirs by the laws of intestate succession would be any collateral left alive. If everyone died in the flood, The land would escheat to the state. O has no Interest in the property.
"O to A for life, then to A's children and their heirs." A has one child, B. What do they have?
A has a Life Estate.
B has a Vested Remainder Subject to Open.
"O to A for life, then to the heirs of B" B is alive. What do they have?
A has a LE
B has nothing.
B's Heirs have a CR
O has a Reversion
"O to A for life, then to B and her heirs if B survives A." What do they have?
A has a LE
B has a CR
O has a Reversion
"O to A for life, then to B and her heirs if B survives A, and if B does not survive A to C and his heirs." What do they have?
A has a Life Estate
B has a ACR
C has a ACR
O has a Reversion
In "O to A for life, then to B and her heirs if B survives A, and if B does not survive A to C and his heirs." What situation would cause the land to go to O?
C dies without heirs, then
B dies, then
A dies.

The land would revert back to O
True or False, Contingent Remainders are destroyed if problems aren't worked out before the preceeding estate ends.
True.
Is a Contingent Remainder Alienable?
Yes
Are Contingent Remainders subject to the Rule against Perpetuities?
Yes.
"O to A and his heirs, but if A dies without issue surviving him, to B and her heirs."
A has a FSSEL
B has an EI
"O to A for life, then to B and her heirs, but if B dies under 21, to C and her heirs." B is 15
A has a LE
B has a VRSEL
C has a EI
In a Trust situation, who has legal ownership and who has equitable ownership?
The Trustee has Legal Ownership
The Beneficiaries have Equitable Ownership
If rights are divided into a Legal-Equitable relationship, what kind of a situation are we dealing with?
A trust
What is the "rule" for the Rule Against Perpetuities?
No interest is good unliss it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.
What are the future interests that ARE subject to the Rule Against Perpetuities?
CR
EI
VRSO
What are the unities involved in Concurrent Interests?
- Property
- Interest
- Title
- Time
What are the three Concurrent Interests?
- Tenancy in Common
- Joint Tenancy
- Tenancy by the Entirety
What Concurrent Interest requires only the unity of property?
Tenancy in Common
What Concurrent Interest requires the unities of Property, Interest, Time, and Title?
Joint Tenancy
What Concurrent Interest requires the unities of Property, Interest, Time, Title, and that the holders be married?
Tenancy by the Entirety.
What are the unities required for a Tenancy in Common?
Property
What are the unities required for a Joint Tenancy?
Property, Interest, Time, Title
What are the unities required for a Tenancy by the entirety?
Property, Interest, Time, Title, Marriage
What Concurrent Interests have Rights of Survivorship?
Joint Tenancy, Tenancy by the Entirety
Which Concurrent Interest does not have Rights of Survivorship?
Tenancy in Common
Definition: Rights of Survivorship
The right to receive full title or ownership due to having survived another person.
A and B have a Joint Tenancy in Z, A dies bequeathing all possessions to C. What is C's interest in Z?
C has no interest in the property that A was Joint Tenant with B in. B recieves full right to the property by Rights of Survivorship.
A and B have a Tenancy in Commons in Z. A dies bequeathing all possesions to C. What is C's interest in Z?
C's interest in Z is the same as what A had. TC does not have Rights of Survivorship.
Did common law prefer Joint Tenancy or Tenancy in Common? Why?
Joint Tenancy.

Because JT has Rights of Survivorship
Does modern law prefer Joint Tenancy or Tenancy in Common?
Tenancy in Common.
O conveys Blackacre to A, B, and C as Joint Tenants. What does each of the Joint tenants own?
An undivided 1/3
What are the types of partition?
Partition in Kind

Partition in Sale
If A has a Joint Tenancy in Z with B, but then conveys his interest in Z to C. What does C own? Why?
C owns a Tenancy in Common in Z, because the only unity that he shares in common with B is the Property.
Which Partition divides up land between interested parties?
Partition in Kind
Which partition divides up the money between interested parties after the land is sold?
Partition in Sale
Which Partition is GENERALLY preferred at modern law?
Partition in kind.
Which partition is preferred at modern law when dealing with agricultural land? Why?
Partition in sale. Because the land is less valuable when it is broken into smaller pieces
How can you be sure to convey a Joint Tenancy to people if that is what you intend?
Use the specific words "as joint tenants with right of survivorship and not as tenants in common" in the conveyance.
If courts are faced with a decision between substantive legal preference or intention of construction, which should the choose?
Following the Substantive Legal Preference.
True or False, if ANYTHING is done to change ANY of the unities of a Joint Tenancy, the Joint Tenancy is destroyed?
True.
Definition: Straw Man
A 3rd person used as an intermediary in a conveyance to achieve an intended goal.
What is the benefit of a Tenancy in Common?
The interest is inheritable.
Which Liens did we cover in class?
- Mechanics
- Materialman's
Is one tenant in common liable to another for rent?
No, not unless there is an express agreement.
Which leasehold is "an estate that lasts for some fixed period of time or for a period computable by a formula that results in fixing calendar dates for beginning and ending, once the term is created or becomes possessory?"
Term of Years.
What are the elements of a Term of Years?
- Fixed or computable term of length
- No notice of termination necessary.
Which leasehold requires no notice of termination?
Term of Years
What norice of termination does a Term of Years require?
None
Which is the following leashold estate? "A lease for a period of some fixed duration that continues for succeeding periods until either the landlord or tenant gives notice of termination."
Periodic Tenancy
What are the elements of a Periodic Tenancy?
- Indefinite duration as to when it will end
- Self renews for the same period.
- Notice requirements determined by the length of term.
How much notice is required in a Periodic Tenancy? At both common law and modern law.
At Common Law: notice required was equal to the period, not exceeding 6 months.

At Modern Law: many states have shortened the requirement to 30 days.
What is the following leasehold estate? "a tenancy of no fixed period that endures so long as both landlord and tenant desire"
Tenancy at Will
What are the elements of a Tenancy at Will?
- Indefinite Duration
- Terminated by death (of either party), change in landlord, or any other change in the relationship.
What doe sthe Tenancy at sufferance deal with?
holdover of previous tenants.
Do leasehold estates have a reversion of some sort?
Yes.
What is the English Rule regarding tenant access to property at the start of a leasehold?
Landlord must provide the tenant with actual possession
What is the American Rule regarding tenant access to property at the start of a leasehold?
It is up to the tenant to make sure he has access to possession.
What rule, American or English, is in use in the US regarding putting a tenant in possession?
English Rule
Who has to evict a holdover in America?
The Landlord
Definition: Assignment
Giving all of your property rights in a leasehold over to a new person.
Definition: Sublease
Giving some (less than all) of your property rights over to a new person.
A conveys an Assignment to B for use of the back shed in A's backyard. What does B have?
B actually has a Sublease, not an Assignment. Even though the word assignment was used, A gave up less than all of his rights in the property, so it is a sublease.
What can not be taken into account when denying an assignment?
Personal taste, convenience, sensibility, to get a better bargain.
Are landlords allowed to use self help repossession to dispossess a tenant who has not abandoned nor voluntarily surrendered, and claims possession adversely to a landlord's claim of breach of a lease?
No, judicial process is the only lawful means to dispossess a tentant in that situation.
Definition: Latent Defect
a problem that is in existence efer the tenant takes possession and that the tenant does not know about.
Definition: Patent Defect
A problem that is in existence and that the tenant knows about before taking possession.
Definition: Constructive Eviction
when a circumstance prevent use and enjoyment of property.
Theories that a tenant might deal with when dealing with inadequate premises
- Theory of constructive eviction
- Landlords Implied Duties
- Breach of implied covenant of quiet enjoyment
- Illegal Lease
- Implied warranty of habitability