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24 Cards in this Set

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Rule in Shelly's case
At common law, if in a conveyance or a will, a freehold estate is given to a person and in the same conveyance a remainder is limited to the heirs of the grantee, the grantee takes both the freehold estate and the remainder (grantee ends up with a fee simple and the remainder is cut off)
Doctrine of Worthier Title
Grantor owner in fee simple, conveys to grantee for life with remainder to grantor's heirs, at the expiration of the life estate there is a reversion in fee to the grantor or his heirs
Rule Against Perpetuities
no interest is valid unless it must vest (or it fails), if at all, not later than 21 years after some life in being at the time of the creation of the interest (only contigent interests are covered) - includes lives in beings + 21 years + periods of gestation
applies options to purchase land in the future
Class Gift
Remainder given to class of persons, it is deemed vested only when the class is closed and all conditions precedent for every member of the class have been satisfied, void if the interest of one member might possibly violate the rule
Powers of Appointment
The equivalent of ownership of property. He or she can alienate or transfer property (so RAP not affected)
Restraints on Alienation
provisions which restrict the grantee's power to convey property to others (cannot restrain based on race etc.)
Concurrent Estates
joint tenancies, tenancy by the entirety
joint tenancy
a form of coownershipo where each tenant owns an undivided interest in the estate - upon the death of one of the joint tenant, title passes to the survivor
4 unities required: 1: time (interest must vest at the same time) 2: unity of title (interest acquired by the same instrument) 3: unity of interest (interest of the same type and duration) 4: unity of possession (each joint tenant given identical rights of enjoyment)
Always created by a deed or will, NEVER by descent
Need to show clear intent.
termination of a joint tenancy
severs the JT and a tenancy in common results:
1. conveyance inter vivos
2. partition (suit brought by either party)
3. mortgages (where title theory JX, mortgage considered a transfer a title which terminates the JT) in a lien theory JX, a mortgage does not by itself result in a severance
a lease does not terminate JT
a K to convey will terminate the JT
tenancy by the entirety
one legal entity- based on concept of unity of husband and wife
right of survivorship applies
5 unities required:
1. time
2. title
3. interest
4. possession
5. person (unity of husband and wife)
termination of tenancy of the entirety
1. both spouses must join in severance
2. death of either spouse
3. divorce - results in tenancy in common
4. execution by a joint creditor of both spouses
5. partition
Tenancy in Common
concurrent estate in which cotenants own an undivided, separate and disticnt share of the property
a tenant in common does not own the
the only unity is the unity of possession
no right of survivorship - interest extends to heirs
Termination of Tenancy in Common
1. partition
2. merger
NOT conveyance (freely alienable)
3. ouster - wrongful exclusion from possession
When can you have a right of contribution in a tenancy in common
where 1 tenant has paid entire taxes, may compel cotenant to reimburse
no right of contribution for repairs on property
a partition action may consider expenditures on property when considerign the partition
Nature of a leasehold
involves a conveyance (so SOF) and a contract
must be in writing
Landlord/Tenant Law
Requirement of Writing for leasehold
Subject to SOF
1. must identify the lessor and lessee
2. describe leased land
3. term of lease
4. amount of rent
Landlord/Tenant Law
4 requirements
Tenant Duties
1. duty to pay rent
2. duty to make ordinary repairs (cannot commit waste on property)
3. tort duties (invitee/licensee etc.)
Landlord/Tenant Law
Waste on Property
1. voluntary - injury incurred by affirmative act
2. ameliorating - a cange in the physical characteristics of the occupied premises by an unauthorized action by the tenant that increass the value of the land (tenant not usually liable for this)
3. permissive - injury to the premises incurred by failure to act when tenant had duty to act
4. equitable - injury to the reversionary interest in land which is inconsisted with the husbandry and is only recognized by the courts in equity (does not constitute legal waste)
Landlord/Tenant Law
When Duty to pay Rent may be extinguished
at common law a tenant must still pay rent after fire, flood or storm renders the property uninhabitable,
rent is extinguished by:
1. release
2. merger
3. expiration of the lease
4. eminent domain (if taking is only temporary or is only for a portion of the land, then the tenant is not discharged from her obligation to pay rent)
5. constructive eviction (a material breach by the landlord which violates the tenants implied covenant of quiet enjoyment)
6. frustration of purpose
Landlord/Tenant Law
Landlord Duties
1. under american rule: no duty to deliver premises (tenant only has recourse against wrongdoer, not against the landlord)
under english view, landlord has implied warranty)
2.quiet enjoyment
3. if there is a hidden defect, if landlord knows or should know about, may be liable
4. no duty to repair (unless the landlord undertakes the duty and does so in a neg fashion, landlord may be liable)
Landlord/Tenant Law
Eviction
Occurs when landlord or paramount title holder excludes tenant from property
constructive eviction: conduct or neglect that renders the premises uninhabitable
Landlord/Tenant Law
Types of leasehold estates
1. tenancies for term (years) -fixed duration in lease
2. periodic tenancies - week to week, month to month w/ automiatic renewal
3. tenancies at will - an estate terminable at the will of either the LL or tenant - no advance notice required continues indefinitely
4. tenancies at sufferance - where one tenant wrongfully continues to hold possession beyond his or her term
Landlord/Tenant
4 types
Periodic Tenancy
week to week month to month etc.
Automatic renewal
Advanced notice is required (ineffective notice does not suffice)
Landlord/Tenant
Assignments and Subleases
if there is a transfer of the entire remaining estate, there is an assignment
if retains some form, then a sublease
Landlord/Tenant