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22 Cards in this Set
- Front
- Back
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Defeasible fees
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Fee Simple Determinable
Fee Simple Subject to condition subsequent Fee simple subject to executory interest Fee tail Life estate |
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FSD
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Possibility of reverter
"To A and his heirs for so long as/during/while" G automatically retakes |
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FS subject to condition subsequent
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To A and his heirs, but if/on condition that"
Right of entry G has to decide to come take |
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FS subject to executory interest
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To A and his heirs, but if blah, then to B
B has executory interest G has reversion |
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Restraints on alienation - 5
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Disabling restraints are never valid
Right of first refusal is valid Restriction on assignments is valid Forfeiture and promissory valid on life estates Forfeiture valid on future interests |
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Landlord/tenant - 5
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Tenancy for years = fixed
Period tenancy = successive periods Tenancy at will = whenever Tenancy at sufferance = just until L can evict Holdover doctrine - convert to periodic for T who stays over |
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Waste - 3
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Voluntary - hurt it or take from it
Permissive - let it go Ameliorative - improve the place |
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Assignments - 5
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Entire interest
Privity of estate between new party and orig Privity of contract between origs New has liability for covenants that run with the land Orig has liability for all covenants on the lease |
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Subleases - 5
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Tenant retains some interest
No privity of estate or K with sublessee Tenant - liable for rent, all covenants, can enforce Sublessee - no liability, no rights to enforce |
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Fixtures - 3
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Chattel that you really can't remove or distinguish
tenants presumed not to intend to permanently annex what they bring Life tenant must remove fixtures they bring before the end of the tenancy |
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Easement creation - 5
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Express grant
Express reservation Implied from prior use Necessity - only way out Prescription - like AP |
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Easement termination - 6
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Stated conditions or deed of release
Necessity ends Prescription (same as above, only backwards) Condemnation/destruction Abandonment - physical act Estoppel - say you'll stop and owner relies detrimentally |
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Covenants - burden to run - 4
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Intent and horizontal privity
BFP has notice Vertical privity with new party (any non-hostile transfer) Touch and concern |
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Covenants - benefit to run - 3
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Intent
Vertical privity Touch and concern |
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Covenants, generally - 5
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In writing
$ damages only Terminate in writing Terminate in merger Terminate if land is destoyed, condemned |
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Equitable servitudes - 5
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Injuntive relief only
In writing, unless part of common scheme/plan Enforceable against new purchaser only if they have notice (AIR) Benefit - intent, T&C Burden - intent, notice, T&C |
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Land sale contracts - 5
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SOF applies
Equitable conversion Marketable title - free of questions presenting risk of litigation Quitclaim not a limit on warranty for MT title passes on death |
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Unmarketable title - 3
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adverse possession
zoning violation encumbrances |
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Performing on a sale K - 3
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Pay and convey tender are concurrent
Remedies for breach = SP Liquidated damages of earnest $ if buyer breaches |
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Deeds - 4
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In writing, signed by G, identify parties and land
Parol ev. okay for ambiguities in otherwise good lead reformation only for clerical error, mutual mistake, unilateral mistake based on misrepresentation |
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Delivery and Acceptance - 5
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Delivery = G's intent to make the deed presently effective
Retention does not equal intent to deliver Conditional delivery to 3d parties okay acceptance is usually presumed and necessary transfer by dedication ok |
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Covenants for title in the general warranty deed - 6
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seisin - have it
right to convey - can give it no encumbrances quiet enjoyment - no 3d party legal rights warranty - defend against 3d parties further assurances |
