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23 Cards in this Set
- Front
- Back
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What is the general approach to a real property question? |
Classify
Validly created? Characteristics . .i)Attributes . .ii)Rights and Duties Limitations Conveyance Remedies |
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What are the types of present estates in land?
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a) Fee Simple Absolute – Full Power, Default
b) Defeasible fees . .i) Fee simple determinable – Possibility of Reverter . . . .(1) Durational Language – so long as, while, during, until . . . .(2) Automatically reverts to grantor . .ii) Fee simple subject to condition subsequent – Right of Re-entry . . . .(1) Conditional Language – But if, upon condition that . . . .(2) Grantor reserves right to terminate . .iii) Fee simple subject to executory limitation – Executory Interest . . . .(1) Terminates upon the happening of a stated event . . . .(2) Passes to a third party c) Life Estates - Reversion . .i) Measured by a life |
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What are the types of future estates in land?
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a) In Grantor
. .i) Possibility of Reverter – Transferable FSD . .ii) Right of Entry – Maybe FSSCS . .iii) Reversion – Transferable Life Estate b) 3rd Person – Generally vested remainders are transferable. Contingent and Executory were not under common law. Are today. . .i) Executory interests . . . .(1) 3rd Party – Shifting . . . .(2) Grantor – Springing . .ii) Remainders – Natural Expiration . . . .(1) Indefeasibly Vested . . . .(2) Vested Subject to Open . . . .(3) Vested Subject to total Divestment – Condition Subsequent . . . .(4) Contingent – Unascertained or Condition Precedent, Reversion O |
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What are the validity questions in future interests?
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i) Destructibility
. .(1) Old rule: “to A for life, then to B if she reaches 21” Destroyed . .(2) Now: reverts to O with an executory interest in B ii) Shelley’s Case - Arrogant . .(1) If same instrument created life estate in A and gave remainder to A’s heirs, A has a Fee simple iii) Worthier Title – Not Arrogant . .(1) A remainder in O’s heirs becomes a reversion. Used word Heirs iv) Restraints on Alienation . .(1) Generally not ok. Look for Limtd time and reasonable purpose v) RAP – Vest 21 years after a life in being . .(1) Applies: Contingent, Executory, Vested subject to open . .(2) Reform: Wait and See, Vest 90 years |
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What are the types of leasholds?
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a) Tenancy for years – Fixed period, automatically terminates
b) Periodic Tenancy – Successive periods . .i) Arise by: Implication, Operation of Law: Hold over . .ii) Terminate: At least 1 full period of notice c) Tenancy at will – Terminated by any party w/o notice d) Tenancy at sufferance – holdover |
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What are a leasholds tenant's duties?
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a) Duty to repair – T liable to visitors even if told L
. .i) General Doctrine - Must avoid waste . .ii) Affirmative Waste – Voluntarily damages, or ameliorative . .iii) Permissive Waste – Fails to protect adequately . .iv) Lease Shifts burden of repair to tenant – Generally not liable to rebuild b) Landlord Remedies . .i) Tenant on Premises but fails to pay rent – Evict or Sue for Rent . .ii) Tenant Abandons – SIR – Surrender, Ignore, Relet |
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What are a leasholds landlords's duties?
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c) Duty to deliver possession – Put in actual possession
d) Quiet Enjoyment – Will not interfere with T possession . .i) Actual Eviction – Excludes from entire premises . .ii) Constructive – SING – Substantial Interference, Notice, Goodbye e) Warranty of habitability – Non-waivable standard based on housing code . .i) Terminate, Repair Offset, Abate, Sue for Damages f) Tort Liability – CLAPS, Common Area, Latent, Assumption of repairs, Public Use, Short Term Lease |
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How are assignments and subleases treated in leases?
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a) Assignment – Complete transfer of entire remaining term
. .i) The Assignee and landlord are in privity of estate and each is liable for all covenants in the lease that “run with the land” benefits/burdens landlord or tenant with respect to interest in property . .ii) Original Tenant still secondarily liable in privity of K b) Sublease – Retains any part of term . .i) Not liable to landlord, unless expressly assumes covenants . .ii) No right to enforce landlord covenants, except habitability c) Covenants against Assignments or Sublease . .i) Transfers are valid, but landlord can usually terminate lease |
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What are the concurrent estates and their attributes?
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a) Joint Tenancy – Right of Survivorship
. .i) Creation – TTIP . . . .(1) Time . . . .(2) Title . . . .(3) Interest . . . .(4) Possession . .ii) Severance – SPAM – Created TiC with new tenant . . . .(1) Sale . . . .(2) Partition . . . .(3) Mortgage – Lien theory does not, Title theory does b) Tenancy in Common – Concurrent, w/o survivorship c) Tenancy in Entirety – Similar to JT, but both parties must agree to all |
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What are the rights under a Concurrent Estate?
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a) Possession – Right to possess all, but no right to exclusive
. .i) Adverse possession only if ouster other party b) Rents and Profits – Share from 3rd parties and exploitations of land c) Partition – Can force split, or sale of land d) Expenses . .i) Repairs – Entitled to pro rata contribution, must notify . .ii) Improvements – No right to contribution . .iii) Taxes and Mortgages – Contribution |
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What are the types of easements?
How are easements created? |
General – Right to use another’s land for perpetual duration
Types: a) Appurtenant – 2 and passes automatically b) Gross – Only 1 piece and only passes if commercial Classification: 2) Affirmative – Right to do something on servient land 3) Negative – Right to prevent, LASS, Light, Air, Support, Stream Created: c) Express Grant – Writing signed by servient d) Implication – once one tract e) Necessity f) Prescription – Adverse Possession |
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How are easements destroyed?
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END CRAMP
a) Estoppel b) Necessity c) Destruction d) Condemnation e) Release f) Abandon - Physical g) Merger h) Prescription - Adverse possession |
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What are licenses and profits?
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1) License – Privilege revocable at will. Non transferable
. .a) Irrevocable by Estoppel, ie put substantial amount of $$ into reliance 2) Profits – Right to take some resources . .a) Use same rules as an easement |
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What are covenants?
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3) Covenants – Written promise to do something. $$ damages
. .a) Burden to Run – WithN . . . .i) Written . . . .ii) Intent – Intend that successors are bound . . . .iii) Touch and Concern – Neg restrict use, Aff do something . . . .iv) Horizontal and Vertical Privity . . . . . .(1) Horiz – At time promise was entered 2 must have shared interest . . . . . .(2) Vert – Only violated by adverse possession . . . .v) Notice – AIR notice . .b) Benefit – WitV . . . .i) Written . . . .ii) Intent . . . .iii) Touch and Concern . . . .iv) Vertical Privity |
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What is a landowners right to support?
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1) Lateral Support
. .a) Natural State – Strict liability if would cave in, while in natural state . .b) Buildings – Only if can show prior or was negligent. 2) Subjacent Support . .a) Support as it was when you started . .b) Subsequent buildings only negligence |
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What rights are included in a land sale contract?
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a) SoF applies, Risk of loss passes to buyer
b) Marketable title – Implied warranty that seller will provide marketable title at closing. Free from doubt c) Fitness or Quality – New construction only d) Failure to disclose – knows or has reason to know |
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What are the requirements of a deed?
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a) Writing, signed by grantor, with good lead to describe property
b) Delivered – intent to make deed presently effective c) Special Warranty – Only protects against Me d) Quit Claim – You get whatever it is I have |
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What are the covenants of title?
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a) Present
. .i) Seisin – has the estate . .ii) Right to Convey – authority to convey . .iii) Encumbrances – None b) Future . .i) Quiet Enjoyment – No lawful 3rd party claim . .ii) Warranty – Defend and Compensate . .iii) Further Assurances – Perform acts necessary to perfect title |
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What are the recording statutes?
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a) Notice, BFP wins
b) Race/Notice – BFP records c) Shelter Rule d) Notice = AIR . .i) Actual . .ii) Implied . .iii) Recording - Constructive |
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What are the attributes of a mortgage?
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a) Assumption/Subject to – Assumption makes original person secondary.
b) Foreclosure . .i) Redemption – Any time prior to foreclosure sale. Nonwaivable . .ii) Senior holders must notify junior holders . . . .(1) As long as they do, all junior holders rights are wiped out |
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What is required for adverse possession?
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1) Requirements – COAH
. .a) Continuous . .b) Open and Notorious . .c) Actual entry . .d) Hostile 2) Tacking – Can add to prior adverse possessors 3) Disability – Must exist at time adverse possession starts |
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What are the duties of a life estate?
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. .ii) Avoid Waste – PURGE
. . . .(1) Prior Use – Use land in same manner . . . .(2) Reasonable Repairs – Consume land to repair . . . .(3) Grant – Can use if granted right . . . .(4) Exploitation – If that is all the land is good for. |
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What are equitable servitude?
And when does it run? |
Same as a covenant but only
Runs: a) Benefit . .i)Written . .ii)Intent . .iii)Touch and Concern b) Burden . .i)Written . .ii)Intent . .iii)Notice . .iv)Touch and Concern NOTE: NO PRIVITY EVER IN ES Exception: Common Scheme, need not be in writing. |
