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222 Cards in this Set
- Front
- Back
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The three types of interests in land
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1. Estate (possession)
2. Easement (right to use) 3. Restrictive Covenant |
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Three types of freehold estates
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1. Fee Simple (including defeasible fees)
2. Life Estate 3. Fee tail (archaic) |
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Distinguish the applicability of conditions and restraints on alienability for FSA
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Conditions may be imposed on the exercise of a fee simple; Whereas restrictions on transferability are prohibited
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Despite the fact that FSA must be fully alienable, courts have upheld this exception
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Right of first refusal
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Life Estate Pur Autre Vie
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Measured by the life of another
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If life tenant dies before the measuring life dies the life estate passes to
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The estate of the deceeased life tenant and continues in place until the measuring life dies
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A provision that terminates the life estate if the life tenant attempts to convey away the life estate is
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A valid forfeiture restriction
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General rule regarding life tenant and the law of waste
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Life tenant maintains the estate
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Define: Voluntary waste
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Any affirmative action beyond the right of maintenance that cause harm to the premises
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For purposes of waste, maintain means
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Life tenant may continue the NORMAL use of the land
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Rule regarding voluntary waste
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Depletion of natural resources constitutes waste UNLESS such consumption constitutes the normal use of the land (i.e. open mines); sale of harvestable crops is not waste
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Tenant must do these three things to avoid liability for permissive waste
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1. Make ordinary repairs
2. Pay all taxes on property 3. Pay interest on any mortgage indebtednedd |
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What may the life tenant do if changed conditions have made the property relatively worthless
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He may alter the property without incurring liability for waste
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Future interests retained by the Grantor
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- Reversion
- Possibility of reverter - Right of re-entry |
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Future interest given to the Grantee
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- Remainder
- Executory Interest |
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A Reversion arises in the Grantor when
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Whenever the Grantor conveys away less than the full durationalestate that the grantor had
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Possibility of Reverter is automatically retained in the Grantor when
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Whenever he conveys a FSD
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Language to identify the FSD
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- "So long as"
- "While" - "During" - "Until" (ex. "for so long as no liquor is consumed on the premises") |
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Whenever Grantor conveys a FSCS, Grantor keeps a
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Right of Re-entry (power to terminate); NOT automatic - O must affirmatively reenter
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Language to identify the FSCS
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- "Provided however"
- "But if" - "On condition that" |
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How to you identify a Remained in a Grantee
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A remained is a future interest in a third party Grantee that comes naturally and immediately on the termination of the proceeding estate
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Remainders come in two forms
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- Vested
- Contingent |
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Vested remainder
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Taker is ascertainable and no conditions on taking
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Contingent remainder
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There's a condition that must be satisfied before a future interest vests (i.e. becomes possessory)
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General rules regarding Class Gifts (2)
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1. Where the remainder interest is conveyed to a class of unnamed persons whose members are not yet fully known, the class remains open
2. The class closes whenever ANY class member is entitled to a distribution |
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How do you identify an Executory Interest
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An executory interest operates to cut short the estate that comes before it
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If a future interest in a Grantee is NOT a remainder, then it must be
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An executory interest
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Why can holders of Executory Interest never sue for waste
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They lack standing
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RAP always applies to (3)
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- Executory Interests
- Contingent Remainders - Vested Remainders Subject to Open |
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RAP and Charities
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An exception is granted to conveyances from one charity to another
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RAP and Rights of First Refusal
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Contingent interests violate the RAP IF they could possibily be exercised outside the time period of the rule
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RAP and Class Gifts
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Look for age contingency beyond 21 in an open class - whenever the language used in the grant puts the age contingency beyond 21, the conveyance loses its link to a life in being
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Four unities necessary to create a joint tenancy
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1. Time
2. Title 3. Interest 4. Possession |
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To create a joint tenancy, the language of the conveyance must clearly reflect
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The Grantor's INTENT to create a joint tenancy - "right of suvivorship"
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Where the intent of the Grantor is unclear, courts will presume
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A Tenancy in Common is created
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Two ways to terminate a joint tenancy
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- Voluntary: Right of Partition
- Involuntary: Severance |
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General rule regarding Right of Partition
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If any joint tenant wants to be relieved of duties of ownership he can do so by asking that the property be partitioned
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General rule reagarding Severances
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Occurs whenever any one of the four unities is disturbed; a Joint Tenant CANNOT severe by WILL
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Four actions that will severe a joint tenancy
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- Sale
- Mortgage - Contract of Sale - Creditor's Sale of the interest in joint tenancy |
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Effect of sale on joint tenancy
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- The unities are disturbed
- Buyer takes his interest as a tenant-in-common - Remaining owners maintain their interests as joint tenants and their right of suvivorship remains intact |
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Effect of mortgage on joint tenancy depends on the jurisdiction
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- Lien theory (FL): when a mortgage is executed, a lien attaches, but title is not transferred --> No Severance
- Title theory: When a mortgage is executed, title transfers, unities disturbed --> Severance |
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Effect of Contract for sale on joint tenancy - when does the severance occur
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When the contract for sale was signed (not closing)
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When does a creditor's sale effect a severance
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Not until the judicial sale actually takes place
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One unity required for a Tenancy in Common
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Possession - each co-tenant is entitled to possess the whole of the property
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What restrictions are there are the alienability of the estate in a tenancy in commone
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None - each co-tenant may do what they want with their portion; any tenant can force a partition; no right of suvivorship
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Tenancy by the Entirety requires
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Four unities PLUS Marriage
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TBE - right of suvirvorship
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Yes
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TBE - right of partition
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No
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TBE - severable by the unilateral act of one of the co-tenants
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No
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Four ways to terminate a TBE
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1. Death
2. Mutual agreement in writing 3. Divorce (now tenants in common) 4. Execution by a joint creditor (individual creditor will fail) |
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Co-owners right to possession
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Each co-tenant has the right to possess the whole property
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One co-tenant does not have to account to another co-tenant for his share of the profits, subject to four exceptions
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1. Ouster
2. Agreement to share 3. Lease of the property by a co-tenant to third party (rent collected) 4. Depletion of natural resources |
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What is contribution for purposes of co-ownership
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Concerns the right of one-tenant to force the other co-tenants to pay their fair share of some expenditure made on the property
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What type of expenditures are covered by principles of contribution
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- Taxes
- Mortgage (if signed by all co-tenants) - Necessary repairs |
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Four landlord-tenant estates
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1. Estate for years (Tenancy for years - really just a fixed amount of time)
2. Periodic tenancy 3. Tenancy at will 4. Tenancy at sufferance |
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Key phrase in establishing an estate for years; look for (2)
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"Specified time"; begining date and an ending date
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What notice is required
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No notice is required to terminate the tenacy for years
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Key phrase to establish a periodic tenancy
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"Repeating"
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Periodic tenancy can be created by either (3)
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- Express agreement
- Implication (no agreement to duration) - Operation of Law |
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If the lease does not specify how long the tenancy is to last, then it is presumed to be a
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Periodic tenancy measured by the rent payment
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Periodic tenancy created by operation of law arises in what two situations
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1. Oral lease that violates the Statute of Frauds
2. Holdover Tenant |
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What does an oral lease that violates the SOF creating a periodic tenancy look like
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Phone conversation where parties agree to a five year lease at $1k a year - where landlord accepts a rent check a periodic tenancy is arises by operation of law and the period is determined by the rent payment
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Rule when a landlord accepts a rent payment from a Holdever tenant
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A preiodic tenancy is created by operation of law for the specified period in the rent check
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How does the periodic tenancy terminate
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By one party giving proper notice
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To be valid, the notice must satify two requirments
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1. Enough time
2. Effective date |
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Proper time for valid notice to terminate periodic tenancy
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An amount of time equal to the length of the period of the tenancy (EXCEPT for yr-to-yr tenancy only requires 6 months)
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Proper date for valid notice to terminate periodic tenancy
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The effective date specified in the notice must be at the end of the period of the tenancy (i.e. 1st of each month, cannot end on any day other than the 1st)
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Tenancy at Will can be terminated by
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Either party at any time without notice
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Termination of tenancy at will by operation of law (5)
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- Death of either party
- Waste by tenant - Assingment by tenant - Transfer of title by landlord - Lease by landlord to third party |
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Tenancy at Sufferance arises in only one situtation
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Refers to the bare possession that a tenant has of the property when that tenat wrongfully holds over
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Landlord has two options with a holdover tenant (i.e. tenancy at sufferance)
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1. Sue to Evict
2. Impose new periodic tenancy |
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Raised rent situation: What must landlord do before properly demanding paymnet of a higher rent on a holdover tenant
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Give the tenant notice of the increase in rent before the expiration of the lease
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Tenant's two primary duties are to
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- Pay rent
- Maintain premises |
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A lease that includes a covenant to repair on the tenant will make the tenant liable for everything including
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Normal wear and tear UOA
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Landlord's remedies where tenant fails to pay rent
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Sue for damages and terminate the lease, thereby evicting the tenant
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Landlord's remedies where tenant unjustifiably abandons (2)
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1. Accept the offer of abandonment and retake the premises
OR 2. Relet and hold tenant liable for any deficieny |
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Where landlord relets and seeks to recover for the deficiency against the tenant, the landlord must
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Make a reasonable effort to relet to mitigate tenant's damages
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Landlord's duty to deliver possession means
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He must deliver possession of the leased premises to the tenant when the lease begins; failure to deliver actual possession constitutes a total breach
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Landlord's duty regarding the condition of the leased premises
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Implied Warranty of Habitability
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Implied Warranty of Habitability applies
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Only to residential leases
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Tenant's remedies for the landlord's breach of the implied warranty of habitability (3)
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- Move out and end the lease
- Stay on and sue for damages - Repair and deduct |
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An implied covenant included in every lease, whether residential or commercial
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Implied Covenant of Quiet Enjoyment
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Landlord may breach the Implied Covenant of Quiet Enjoyment by (3)
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- Total eviction
- Partial eviction - Constructive eviction |
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Partial eviction can occur in either of two circumstances
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- Landlord physcially excludes tenant from some portion of the leased property
OR - Where some third party, who ohlds title, retakes the property and physcially excludes the tenant from that portion |
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When landlord effects a partial eviction tenant has the option to
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Stay for free on the non-excluded portion of the premises
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When a third party retakes the property tenant has the option to
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Stay on and reduce rent by the proportion of property taken
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Define Constructive Eviction
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Landlord fails to provide some service that he's obligated to AND that failure makes the property uninhabitable
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Three requirements to establish constructive eviction
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1. Must be landlord's failure
2. Must be a substantial interference with tenant's quiet enjoyment of the property 3. Tenant must abandon w/i a reasonable time after the breach |
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Distinguish between assingment and sublease
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- Assingment: transfer all
- Sublease: transfer only part |
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Key to remember for all questions on assignments - lease involve both
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- privity of contract
- privity of estate |
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A tenant is liable to the landlord for rent if there is either
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Privity of contract or privity os estate
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Privity of estate exists only between
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Present landlord and present tenant
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Privity of contract exists only where there is
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An agreement between the landlord and the particular tenant from whom the landlord seeks to recover rent
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Without an express assumption
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There is generally no privity of contract between landlord and any second tenant; but there is of course privity of estate
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A covenant to pay rent always runs with the land and is therefore enforceable by either
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Privity of estate or contract
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As to covenants contained in the lease other than rent, the general rule is that they will run with the land if
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They Touch and Concern the land
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Common sense approach to the Touch and Concern requirement
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If performance of the covenant makes the land MORE VALUABLE/USEFUL, then the covenant runs with the land
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Successor landlords may be liable to original tenant if (2)
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- Privity of (K)
OR - Privity of Estate AND the lease covenant runs with the land OR - Landlord 2 EXPRESSLY ASSUMES an obligation |
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Subtenant's liability for rent
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Landlord can recover rent from anyone with whom he is in privity of either estate or (K)
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General rule regarding privity of estate in a sublease
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Subleasor keeps the estate; it is NOT transferred to the sublessee
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Validity of non-assignment clauses
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Despite being a restraint on alienation courts will uphold them as valid and enforceable; BUT strictly enforceable
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Effect of waiver of non-assignment/non-sublease clause
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Permission given once is considered to waive the clause altogether unless otherwise stated at that time
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When the state takes property that is under a lease pursuant to its power of eminent domain there are two issues to consider
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1. Is the tenant's rent obligation excused
2. Will the tenant share in the condemnation award |
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Partial condemnation
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Tenant must continue to pay rent; Will share in the condemnation
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Complete condemnation
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Tenant no longer has to pay rent; Will share in the condemnation award only to the extent the FMV of the property exceeds the amount of rent due under the lease
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Tort liability of landlord to tenant or tenant's invitees for injuries sustained on the premises during the period of the lease
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Generally, no liability; FIVE EXCEPTIONS
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Five instances where landlord may be liable to tenant for tort action
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1. Latent defects
2. Short term lease 3. Common passageways 4. Negligent repairs undertaken by landlord 5. Public Use exception |
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Landlord and latent defects
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Landlord is under a duty to disclose laten defects which he either knows or has reason to know of; duty to repair
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Landlord and short term lease (rental of a furnished dwelling for a short term - 3 months)
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Liable for defects, even if the landlord neither knows nor has reason to know of such defects
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Landlord anad common passageways under his control
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Liable for failure to exercise reasonable care (standard negligence analysis)
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Three requirements invoke the Public Use Exception
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1. Landlord must/should know of major defects
2. Landlord must/should know tenant will not fix the defect 3. Landlord must/should know the public will be using the premises |
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Tenant's tort liability
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Tenant is ALWAYS liable to a third party invitee for negligent failure to correct dangerous conditions on the leased premises, regardless of whether the landlord may be held liable as well
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The analysis to determine when an item of personal property is to be treated as a ficture turns on
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Intent
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Four factors are relevant to determine whether there is an intent to create a fixture
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1. Degree of attachment
2. General custom 3. Harm to premises on removal 4. Is it a trade fixture |
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General rule regarding trade fixtures (i.e. chattels/items of personal property used in a trade/business)
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They are ordinaily NOT considered fixtures and the can always be removed
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If an item of personal proeprty is not a fixture when can it be removed - consider 1.) tenant's situation; 2. seller's situation
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- Tenant's situation: before he vacates at the end of the lease
- Seller's situation: must remove before closing |
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Easement appurtenant
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Directly benefits the use and enjoyment of a specific parcel of land; adjoining properties (dominant - benefitted property & servient - burdened property)
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Easement in gross
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No dominant estate b/c there is only one parcel of land and it is the property burdened by the easement (usually a utility service)
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Three methods to create an easmenet
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- Expree
- Implied - Prescriptive |
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General rule regarding express easements (unless for less than one year) (3)
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1. Must be in writing
2. Signed by the holder of the servient estate 3. Satisfies all deed formalities |
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Easement by implication arises in two situtations
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1. Previous use by a common carrier
2. Absolute right of access rule |
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To obtain an implied easement through previous use by a common grantor 3 requirements must be satisfied
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1. Continuous
2. Apparent (open & obvious) 3. Reasonably necessary |
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Under the absolute right of access rule which creates an implied easement the owner of the servient estate can control
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The location of the easement so long as it's reasonable
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Four requirements to establish a Prescriptive Easement
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1. Adverse
2. Continuous and uninterrupted 3. Visible/owner has knowledge 4. Hostile (w/o permission) * use appropriate for that land (i.e. seasonal use can suffice) |
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Transferring the benefit on an easement appurtenant
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It transfers automatically with the dominant estate (whether mentioned in the deed or not!)
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Transfer of easement in gross depends on
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Whether its commercial (can be transferred) or personal (cannot be transferred)
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Transferring the burden on a servient estate
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Easements are always binding on subsequent holders of servient estates; even if it's not specificially mentioned in the deed of conveyance provided there's notice (so a BFP - a purchaser for value who takes without notice wouldn't be subject to it)
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Three ways that a successor-in-interest to the servient estate may be put on notice of the easement
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1. Actual notice
2. Constructive notice (duly recorded in buyer's direct chain of title) 3. Inquiry notice (inspection) |
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UOA, an easement is presumed to (2)
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- Last forever
- The use is that of a reasonable development of dominant estate |
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The reasonable development of a dominant estate for purposes of the use of an easement is
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That use which would likely have been contemplated by the parties at the time the easement was granted
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Remedy for excessive use on an easement
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Enjoin the excess use, but do not terminate
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Which party is responsible for making necessary repairs to an easement
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The holder of the benefit(i.e. the dominant estate) - includes authority to go on the servient land to make such repairs - must make a reasonable restoration of servient estate
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Termination of easement - six methods
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1. Unity of ownership
2. Deed of release 3. Abandonment by action 4. Termination by estoppel 5. Termination by precription 6. Termination by necessity |
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Doctrine of merge (unity if ownership)
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Whenever the dominant and servient estates come together in the same owner, easement is terminated
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A deed of release to terminate an easement must (2)
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- Be in writing
AND - Comply with all deed formalities |
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Terminating an easement by abandonment of action requires
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Action; mere non-use does not constitute abandonment
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Two requirements for termination by estoppel
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- A representation of relinquishment
AND - Holder of the servient estate changes his position on reliance of that representation |
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Termination by prescription requires
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The owner of the servient estate must stop the use of the easement AND it must be stopped for the period by the statute of limitations
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General rule regarding termination by necessity
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Once the necessity that gave rise to an implied easement crease to exist, then the implied easement will automatically terminate
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Define License
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A limited privilege to USE land in the possession of the licensor; it is a (K) right
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A license is not
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Not a property interest
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Revocability of licenses
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Licensor can always revoke EXCEPT WHEN - money is spent on the property in furtherance of an oral license, then it becomes irrevocable
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Result where an easement is attemtped but fails due to statute of frauds
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License is created
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Define a Restrictive Covenant
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Gives the holder the right to restrict some third party in the USE of his land
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Two categories of restrictive covenants; difference
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1. Covenants (promises) running with the land ($ damages)
2. Equitable servitudes (injunction) The only difference is the theory used to enforce the terms of the restriction |
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Four requirements to enforcea restrictive covenant
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1. Intent
2. Notice (3 kinds) 3. Touch and Concern (includes covenants not to compete) 4. Privity |
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For purposes of privity relating to restrictive covenants look at who is the successor-in-interest
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- Plaintiff: vertical (person is trying to establish that the benfit of the covenant runs to the plaintiff)
- Defendant: vertical & horizontal (plaintiff is trying to establish that the burden of the covenant runs to and binds the defendant) |
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Vertical privity refers to
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Those who subsequently obtain the property subject to the covenant. They must take the full estate held by their predecessor
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Horizontal privity refers to
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The original parties to the promise; they must share some interest in the land; needs to be a conveyance of the property between the original parties
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Four requirements to enforce the burden of a covenant at law: successor-in-interest is Defendant
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1. Intent
2. Notice 3. Touch and Concern 4. Privity |
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Three requirements to enforce the benefit of a covenant at law: successor-in-interest is Plaintiff
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1. Intent
2. Touch and Concern 3. Vertical Privity |
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Equitable Servitudes: Three requirements to obtain an injunction (to enforce the burden) of the promise as an equitable servitude
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1. Intent (that the restriction be enforceable by the successors-in-interest
2. The restriction must Touch and Concern the land 3. Notice (to the subsequent purchaser) |
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Only Two requirements to enforce the benefit of a covenant as an equitable servitude
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1. Intent
2. Touch and Concern |
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Subdivision restrictions - Mutual Rights of Enforcement -requirements
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1. An intent to impose a servitude on all land in the subdivision
2. Notice |
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Defenses to enforcement of covenant as an equitable servitude (4)
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- Unclean hands
- Acquiesence - Laches - Estoppel |
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Termination of covenants/servitudes (3)
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1. Deed of release
2. Merger 3. Changed Conditions (All or Nothing) |
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Six requirements to take by Adverse Possession
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1. Hostile
2. Exclusive 3. Lasting (for the statutory period; common law - 20 yrs.) 4. Uninterrupted (continuous) 5. Visible 6. Actual (BUT - true owner need not know what is going on) |
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Constructive Adverse Possession (exception to the requirement of actual possession)
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Expands adverse possession beyond what has been actually possessed
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Two limitations to Constructive Adverse Possession
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1. Land possessed must bear a rational relationship to the whole
AND 2. Property must be unitary |
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Leased land - an exception to the requirement of actuall possession
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Leasing land to a third party constitutes possession for purposes of adverse possession
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General rule regarding adverse possession against concurrent owners
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No adverse possession UNLESS by active exclusion for the statutory period of limitations
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Generally, when does the clock start to run against the holder of a future interest
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When that interest becomes possessory
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In the case of a FSD-PR, when does the clock start to run for purposes of adverse possession
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When the condition occurs
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In the case of a FSCS-RR, when does the clock start to run for purposes of adverse possession
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When the Grantor exercises his right of re-entry
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If a true owner is an infant, incarcertaion, or insane when does the period of adverse possession begin
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The clock will not start until the true owner is no longer in that condition
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Intervening disabilities
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Do NOT STOP the adverse possession clock. If the disability was not in existence on the day the adverse possession begins, it will not keep the clock from running (i.e. no tacking of disabilities)
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Need to quiet title on adverse possessed land
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Must be done to be made marketable
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Risk of loss between contract for sale and closing
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At common law, the buyer bears the risk (will usually be contracted out of) - as long as Seller is not at fault
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Death of a party before close of escrow
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Doctrine of Equitable Conversion will order specific performance
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Define Marketable Title
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Title that a reasonably prudent person would accept (i.e. truly minor defects do not matter)
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Seller implies marketable title and must satisfy three requirements to do so
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1. Proof of title (physical doc.)
2. Title free of encumbrances (easements, covenants, etc must be disclosed) 3. Valid legal title as of Date of Closing |
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Buyer's remedies for seller's failure to deliver marketable title (2)
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1. Recision
2. Damages |
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Time of performance for closing
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Must be reasonable (usually 2 months)
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Default rule regarding time in land sale contracts
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Time is NOT of the essence UOA or facts make it clear
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Violation of a Time is of the Essence clause results in
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Total Breach; cannot enforce the (K)
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Regarding defects on the property as of the date of closing
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Trend is to impose a duty to disclose serious defects not obvious to the buyer
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If purchasing residential property directly from a developer, builder, or professional seller there is
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A narrow, implied warranty of fitness
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Effect of acceptance of deed at closing
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(K) is extinguished; it merges
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Two requirements must be satisfied for a deed to pass title
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1. Execution
2. Delivery |
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Execution of the deed requires (2)
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- Satisfies the SOF
AND - Sufficiently describes the land (able to id the property - minor discrepancy does not matter) |
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Use of parol evidence to clarify a deed description
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Allowed
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Which prevails - description by metes and bounds or by acreage
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Metes and Bounds controls
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What is the sole test for Delivery of the deed
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Intent of the grantor; No physical transfer necessary
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What act will raise of presumption of delivery of a deed
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Recording it
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Delivery of a deed is valid only if
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The deed is accepted - acceptance will be implied (no consideration necessary)
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Define Quitclaim deed
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Grantor makes no promises regarding title
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Any promises regarding title are called
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Covenants of Title
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Three present covenants of title are
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1. Seisin
2. Right to Convey 3. Against Encumbrances |
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Three future covenants of title (run with the land) are
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1. Quiet Enjoyment
2. Warranty 3. Further Assurances (mop-up) |
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If a will purports to devise a specific parcel of land, but the testator does not own the land at the time of death the gift is
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Adeemed; the gift fails and will not be replaced by any other property
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Validity of an unrecorded deed as between the original aprties
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Valid; recording is for purposes of Notice
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The sole inquiry in a Notice J/D is; effect
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Notice; effect is to protect BFP
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In a race J/D the rule is
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Whoever records first keeps the property; subsequent purchaser need not be a BFP
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Race-Notice J/D involves a two-part test and protects
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All subsequent grantees who are BFPs who
1. Take w/o Notice AND 2. Are First to Record |
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If the recording statute nowhere includes the word notice then it's a pure
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Race J/D
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The words "recorded first" OR "first recorded" indicate
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Race-Notice statute
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The words "without notice" or "in good faith" indicate
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Either a Notice or Race-Notice statute
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BFP
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A purchaser for value who takes without notice
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Shelter Rule
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Anyone, (even heirs, donees, or devisees) can shelter under the rights of a BFP
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Role of inquiry notice in the title search
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Subsequent purchasers are on notice of anything that is mentioned in a deed recorded in the direct chain of title
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Three types of security interests
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1. Mortgage
2. Deed of Trust 3. Land Sale (K) (seller is financing) |
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Debtor's right of Redemption (either through equity or by statute)
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Until the moment of the foreclosure, debtor can redeem by paying arrears (plus interest) UNLESS there's an acceleration clause
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Acceleration clause
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Debtor must pay off the entire balance of the mortgage in order to redeem the property
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Priorities on payment of multiple mortgages
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First in time, First in Right (unless recording statute states otherwise)
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Purchase Money Mortgages (PMM)
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A mortgage taken out to BUY the property - it recieves priority over any other mortgages executed at about the same time (given by seller takes priorty over third party lender - i.e. bank)
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Effect of a change in a senior mortgage
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That mortgage will lose priority over junior mortgages, BUT only to the extent of the change
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Effect of foreclosure on Junior Interests (i.e. liens, easements, leases, etc)
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Foreclosure wipes out all junior interests, BUT does not wipe out senior interests (buyer takes the property subject to the senior interest)
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Protections to holders of junior interests
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Right to pay off any senior mortgages being foreclosed, thus they are a necessary party to any foreclosure proceeding; if not made a party their interests cannot be eliminated
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Payment of the proceeds from a foreclosure sale
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- Cost of the foreclosure
- The mortgage that was foreclosed - Junior Interests in order of priority - Any remaining balance to mortgator |
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Forfeiture clause
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A harsh result whereby id debtor misses a payment, seller can cancel, retain, and retake
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Whenever the Grantor transfers title to the property, the Grantee automatically takes the property subject to
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The mortgage
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What is a Grantee's personal liability on a mortgage
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Will not be liable UNLESS specifically assumed
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Effect of modification of the obligation on a mortgage between the mortgagee and the grantee
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Will release the original borrower of all liability
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Security interests in fixtures
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A seller of a fixture who provides a financing plan in the chattel must make a UCC Art. 9 fixture filing w/i 20 days after attachment to maintain right to remove, else seller's right will subordinate to the earlier mortgage on the property
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Lateral support
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Landowner has the right to have his land supported by adjoining landowners
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Strict liability for lateral support covers
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Improvments - only if - the land would have collapsed even without their weight
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Problems involving rights of Subjacent Support arise where
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Mineral rights have been legally severed from the surface rights;
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Scope of Right of Subjacent Support
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Right extends to the land and those improvemnets that were existing on the land as of the date the mineral rights were severed
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Rule for underground water
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Landowner is entitled to reasonable use; must be on property (cannot transport)
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Riparian Rights allow for
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Riparian owner to use all the water needed for domestic purposes
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Limit on riparian owners
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Limited to a reasonable use of riparian waters for non-domestic purposes (i.e. commercial/industrial)
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Natural Flow approach to surface water
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Has given way and courts will allow the landowner to take reasonable means to deal with surface waters
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