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22 Cards in this Set

  • Front
  • Back
Defeasible fees
Fee Simple Determinable
Fee Simple Subject to condition subsequent
Fee simple subject to executory interest
Fee tail
Life estate
Possibility of reverter
"To A and his heirs for so long as/during/while"

G automatically retakes
FS subject to condition subsequent
To A and his heirs, but if/on condition that"

Right of entry
G has to decide to come take
FS subject to executory interest
To A and his heirs, but if blah, then to B

B has executory interest
G has reversion
Restraints on alienation - 5
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
Landlord/tenant - 5
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
Waste - 3
Voluntary - hurt it or take from it
Permissive - let it go
Ameliorative - improve the place
Assignments - 5
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
Subleases - 5
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
Fixtures - 3
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
Easement creation - 5
Express grant
Express reservation
Implied from prior use
Necessity - only way out
Prescription - like AP
Easement termination - 6
Stated conditions or deed of release
Necessity ends
Prescription (same as above, only backwards)
Abandonment - physical act
Estoppel - say you'll stop and owner relies detrimentally
Covenants - burden to run - 4
Intent and horizontal privity
BFP has notice
Vertical privity with new party (any non-hostile transfer)
Touch and concern
Covenants - benefit to run - 3
Vertical privity
Touch and concern
Covenants, generally - 5
In writing
$ damages only
Terminate in writing
Terminate in merger
Terminate if land is destoyed, condemned
Equitable servitudes - 5
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
Land sale contracts - 5
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
Unmarketable title - 3
adverse possession
zoning violation
Performing on a sale K - 3
Pay and convey tender are concurrent
Remedies for breach = SP
Liquidated damages of earnest $ if buyer breaches
Deeds - 4
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
Delivery and Acceptance - 5
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
Covenants for title in the general warranty deed - 6
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