Ny Property Distinctions

Front 1

In NY what is a fee simple determinable called?

Back 1

fee on limitation

Front 2

In Ny a Fee simple on condition subsequent is called a...

Back 2

fee on condition

Front 3

Ameliorative waste distinction

Back 3

Can make reasonable improvements unless the future interest holders object

Front 4

In NY a future interest in a transferee subject to a condition subsequent is called a...

Back 4

remainder subject to condition precedent.

Front 5

Rule in shelly's case
Rule of destructibility

Back 5

both abolished in NY

Front 6

Doctrine of worthier title

Back 6

abolished in NY

Front 7

Vested remainder subject to complete defeasance/ vested remiander subject to total divestment

Back 7

Remainder vested subject to complete defeasance

Front 8

In NY executory interest and contingent remainders are...

Back 8

the same, the distinction has been abolished and they are both called remainders subject to a condition precedent

Front 9

NY RAP Reform Statute

Back 9

has wait and see and cy pres for charitable trust and powers of appointment.
For everything else reduces age contingencies to 21.
Fertile octogenarian limited to 55, applies RAP time period to the suspension rule.

Front 10

Do you still need a straw for unities for a joint tenancy in NY?

Back 10

No, straw no longer necessary, can convey directly to yourself and another party as joint tenants.

Front 11

NY lien or title theory?

Back 11

Lien theory

Front 12

NY recognition of tenancy by the entirety?

Back 12

Yes.

Front 13

Tenancy by the entirety in NY and mortgages

Back 13

In NY one spouse may mortgage his interest and creditors may enforce against that interest, but only as to the debtor spouse's share. Non debtors spouse's rights must not be compromised.

Front 14

NY the L who elects to holdover a T creates an...

Back 14

implied month to month periodic tenancy unless otherwise agreed.

Front 15

For tenancy at will NY requires how much notification?

Back 15

minimum of 30 days written notice

Front 16

for a tenancy at sufferance in NY L's acceptance of rent subsequent to the expiration of the term will create an...

Back 16

implied month to month periodic tenancy unless otherwise agreed

Front 17

If premises destroyed through no fault of T? (and no express undertaking by T to restore in event of their destruction?)

Back 17

T may quit premises and surrender possession without any further duty to pay rent.

Front 18

Self help in NY?

Back 18

Results in treble damages for T.

Front 19

duty to mitigate when T abandons?

Back 19

In NY generally no.

Front 20

NY assignments v. subleases?

Back 20

not assign without L's written consent, L may withhold consent for any reason. Right to sublease though cannot be unreasonably withheld.

Front 21

ROL buyer or seller in NY?

Back 21

ROL remains with seller until buyer takes possession or title (assuming B is without fault)

Front 22

NY special warranty deed called a...

Back 22

bargain and sale deed

Front 23

NY is what sort of recording jurisdiction?

Back 23

Race Notice