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23 Cards in this Set
What is the general approach to a real property question?
. .ii)Rights and Duties
What are the types of present estates in land?
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
What are the types of future estates in land?
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
What are the validity questions in future interests?
. .(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
What are the types of leasholds?
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
What are a leasholds tenant's duties?
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
What are a leasholds landlords's duties?
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
How are assignments and subleases treated in leases?
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
What are the concurrent estates and their attributes?
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
What are the rights under a Concurrent Estate?
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
. .i) Repairs – Entitled to pro rata contribution, must notify
. .ii) Improvements – No right to contribution
. .iii) Taxes and Mortgages – Contribution
What are the types of easements?
How are easements created?
General – Right to use another’s land for perpetual duration
a) Appurtenant – 2 and passes automatically
b) Gross – Only 1 piece and only passes if commercial
2) Affirmative – Right to do something on servient land
3) Negative – Right to prevent, LASS, Light, Air, Support, Stream
c) Express Grant – Writing signed by servient
d) Implication – once one tract
f) Prescription – Adverse Possession
How are easements destroyed?
f) Abandon - Physical
h) Prescription - Adverse possession
What are licenses and profits?
1) License – Privilege revocable at will. Non transferable
. .a) Irrevocable by Estoppel, ie put substantial amount of $$ into reliance
2) Profits – Right to take some resources
. .a) Use same rules as an easement
What are covenants?
3) Covenants – Written promise to do something. $$ 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
What is a landowners right to support?
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
What rights are included in a land sale contract?
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
What are the requirements of a deed?
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
What are the covenants of title?
. .i) Seisin – has the estate
. .ii) Right to Convey – authority to convey
. .iii) Encumbrances – None
. .i) Quiet Enjoyment – No lawful 3rd party claim
. .ii) Warranty – Defend and Compensate
. .iii) Further Assurances – Perform acts necessary to perfect title
What are the recording statutes?
a) Notice, BFP wins
b) Race/Notice – BFP records
c) Shelter Rule
d) Notice = AIR
. .i) Actual
. .ii) Implied
. .iii) Recording - Constructive
What are the attributes of a mortgage?
a) Assumption/Subject to – Assumption makes original person secondary.
. .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
What is required for adverse possession?
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
What are the duties of a life estate?
. .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.
What are equitable servitude?
And when does it run?
Same as a covenant but only
. .iii)Touch and Concern
. .iv)Touch and Concern
NOTE: NO PRIVITY EVER IN ES
Exception: Common Scheme, need not be in writing.