Az Property

Front 1

Rule in Shelly's case

Back 1

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)

Front 2

Doctrine of Worthier Title

Back 2

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

Front 3

Rule Against Perpetuities

Back 3

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

Front 4

Class Gift

Back 4

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

Front 5

Powers of Appointment

Back 5

The equivalent of ownership of property. He or she can alienate or transfer property (so RAP not affected)

Front 6

Restraints on Alienation

Back 6

provisions which restrict the grantee's power to convey property to others (cannot restrain based on race etc.)

Front 7

Concurrent Estates

Back 7

joint tenancies, tenancy by the entirety

Front 8

joint tenancy

Back 8

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.

Front 9

termination of a joint tenancy

Back 9

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

Front 10

tenancy by the entirety

Back 10

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)

Front 11

termination of tenancy of the entirety

Back 11

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

Front 12

Tenancy in Common

Back 12

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

Front 13

Termination of Tenancy in Common

Back 13

1. partition
2. merger
NOT conveyance (freely alienable)
3. ouster - wrongful exclusion from possession

Front 14

When can you have a right of contribution in a tenancy in common

Back 14

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

Front 15

Nature of a leasehold

Back 15

involves a conveyance (so SOF) and a contract
must be in writing

Hint 15

Landlord/Tenant Law

Front 16

Requirement of Writing for leasehold

Back 16

Subject to SOF
1. must identify the lessor and lessee
2. describe leased land
3. term of lease
4. amount of rent

Hint 16

Landlord/Tenant Law
4 requirements

Front 17

Tenant Duties

Back 17

1. duty to pay rent
2. duty to make ordinary repairs (cannot commit waste on property)
3. tort duties (invitee/licensee etc.)

Hint 17

Landlord/Tenant Law

Front 18

Waste on Property

Back 18

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)

Hint 18

Landlord/Tenant Law

Front 19

When Duty to pay Rent may be extinguished

Back 19

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

Hint 19

Landlord/Tenant Law

Front 20

Landlord Duties

Back 20

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)

Hint 20

Landlord/Tenant Law

Front 21

Eviction

Back 21

Occurs when landlord or paramount title holder excludes tenant from property
constructive eviction: conduct or neglect that renders the premises uninhabitable

Hint 21

Landlord/Tenant Law

Front 22

Types of leasehold estates

Back 22

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

Hint 22

Landlord/Tenant
4 types

Front 23

Periodic Tenancy

Back 23

week to week month to month etc.
Automatic renewal
Advanced notice is required (ineffective notice does not suffice)

Hint 23

Landlord/Tenant

Front 24

Assignments and Subleases

Back 24

if there is a transfer of the entire remaining estate, there is an assignment
if retains some form, then a sublease

Hint 24

Landlord/Tenant