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75 Cards in this Set
- Front
- Back
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Future interest of fee simple determinible
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Possibility of reverter
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Who holds future interest of fee simple determinible?
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Grantor
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What creates fee simple determinible?
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Durational language (so long as, until, while)
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Future interest of fee simple subject to condition subsequent
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Right of entry (NY: right of re-acquisition)
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Who holds future interest in fee simple subject to condition subsequent?
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Grantor
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Future interest of fee simple subject to executory limitation
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Executory interest
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Who holds future interest of fee simple subject to executory limitation?
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Third party
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Future interest of life estate
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Reversion if held by grantor, remainder if held by third party
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What do words of desire creater? (e.g. for purpose of, in hope that)
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Fee simple absolute
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When are restraints on alienation OK?
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When they're linked to a reasonable time or purpose
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What is fee simple determinible called in NY?
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Fee on limitation
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Does condition on fee simple determinible pass with property?
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Yes
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When can life tenant use natural resources?
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PURGE
Prior Use (Open Mines Doctrine) Repairs (can consume natural resources for reasonable repairs and maintenance) Grant Expoitation (if land suitable for nothing else) |
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What must life tenant do?
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Maintain premises in reasonably good rapair, and pay ordinary taxes to the extent of income/profits or FMV of rent
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Can life tenants make improvements?
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MBE: no, this is ameliorative waste unless remaindermen consent
NY: yes (reasonable improvements) unless remaindermen object |
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When do you have a remainder?
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After a life estate (third parties)
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What is a vested remainder?
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Held by ascertained person and not subject to a condition precedent
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Can indefeasibly vested remainder pass by will / intestacy?
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Yes
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What is a vesteed remainder subject to complete defeasance?
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Remainderman's right can be cut short by condition subsequent
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When does a condition subsequent exist?
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When the conditional languge follows language that, taken alone and set off by commas, created a vested remainder
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What is a contingent remainder?
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Remainder in unascertained person (e.g. "...then to B's first child") OR subject to condition precedent
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What happens to a contingent remainder if condition subsequent occurs before prior estate ends?
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Remainderman has indefeasibly vested remainder
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What happens to a contingent remainder if it's still contingent at time previous estate ends?
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Grantor holds estate subject to person who was remainderman's springing executory interest (when condition happens, he gets the estate)
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What happens if a grantor creates a future interest in his own heirs?
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that interest is valid; the Doctrine of Worthier Title is void in NY
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Whose estate does a shifting executory interest cut off?
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Third party's
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Whose estate does a springing executory interest cut off?
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Grantor's
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What future interests does RAP apply to?
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Contingent remainders, executory interest, and certain vested remainders subject to open
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What future interests does RAP NOT apply to?
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Future interests in grantor, indefeasibly vested remainders, and vested remainders subject to complete defeasance
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How does NY Statutory Reform change RAP?
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Reduces offensive age contingencies to 21
Modifies fertile octigenarian rule: women over 55 presumed infirtile |
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Rule Against Perpetuities
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Future interests are void if there's any possibility, no matter how remote, that a given interest will vest more than 21 years after the death of the measuring life
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Unities for creation of joint tenancy
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T-TIP
Time Title Instrument right to Possess the whole |
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What is Lien Theory and does NY follow it?
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JT's execution of mortgage on her interest will NOT sever joint tenancy
Yes, NY follows it |
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Does tenancy by the entirety arise presumptively in conveyances to marries partners?
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Yes
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Can a person mortgage his interest in a tenancy by the entirety?
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Yes, but creditors may only enforce against debtor party's interest, not against other spouse's share. Right of survivorship may not be compromised.
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Can a single party break a tenancy by the entirety?
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No
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Can JT or co-tenant or both bring action for partition?
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Both
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Do co-tenants have right to contribution for repairs?
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yes, if they're necessary and reasonable.
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What are tenant's duties to third parties?
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Must keep premises in good repair. Liable even when landlord expressly promised to make all repairs (though T can sue L for indemnification)
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What are tenants duties to repair if lease is silent?
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T must maintaint premises, make ordinary repairs and not commit waste.
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Definition of fixture
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Once movable chattel that, through annexatino to realty, objectively shows intent to permanently improve realty.
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When can tenant remove fixture?
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When he installed it solely to benefit himself without any intention to benefit landlord, OR
So long as removal does not cause substantial harm |
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Can tenant terminate lease if premises are destroyed through no fault of his own?
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Yes
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What are landlord's options if tenant breaches duty to pay rent and is no longer in possession?
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SIR
Surrender (accept abandonment) Ignore abandonment and hold T responsible for unpaid rent Re-let premises and hold T liable for deficiency NY: mitigation NOT required after abandonment |
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What are landlord's duties vis-a-vis delivering possession?
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"English Rule": L must put T in physical possession - if old T still in premises, L has breached and T gets damages
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Covenant of quiet enjoyment - what is it and residential or commercial?
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BOTH residential and commercial
T has right to quiet use and enjoyment of premises without interference from L |
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Breach by constructive eviction
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Breach of covenant of quiet enjoyment
SING D must show: Substantial Interference Notice Goodbye (T vacated) |
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What is implied warranty of habitability and is it residential or commercial?
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Residential only
Non-waivable warranty that premises are fit for basic human habitation |
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What are T's remedies if L breaches implied warranty of habitability?
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MR cubed
Move out and end lease, or Repair and deduct, or Reeduce rent (place withheld rent in escrow), or Remain in possession, pay rent and seek damages |
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Can lease prohibit assignment / sublease without L's approval?
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Yes
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What is assignee liable for?
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All covenants that run with land, which is MOST of them
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In NY, if lease is silent on assignment, what are T's rights?
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Residential T may NOT assign without L's written consent, which CAN be unreasonably withheld
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To whom is T2 accountable in sublease?
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To T1 only, who's accountable to L
NY: residential T in building of 4 or more units has right to sublease subject to L's written consent, which CANNOT be unreasonably withheld |
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What are landlord's tort liabilities?
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Non - caveat lessee - tenant beware - L under NO duty to make premises safe
Exceptions: CLAPS Common areas Latent defects that L knows or should know about (duty only to warn) Assumption of repairs Public use (t-rex) Short term lease of furnished dwellings |
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Creation of affirmative easement?
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PING
Prescription Implication Necessity Grant (in writing, signed by grantor) |
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How is affirmative easement transferred?
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Appurtenant: transferred automatically with dominant tenement, and with servient unless pruchaser is BFP without notice (AIR)
In gross: assignable only if for commercial purposes |
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Remedies for affirmative easements?
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Injunction or damages
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In what areas can you get negative easement?
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LASS
Light Air Support Streamwater |
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How do you create negative easement?
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In writing, signed by grantor
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How are negative easements transferred?
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Appurtenant: transferred automatically with dominant tenement
In gross: transferable only if for commercial purposes |
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Remedies for negative easement?
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Injunction or damages
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How do you create a real covenant?
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In writing, signed by grantor
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How is a real covenant transferred?
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Burden: WITHN (writing, intent, touch and concern, horizontal and vertical privity, notice -- including in chain of title)
Benefit: WITV (writing, intent, touch and concern, vertical privity |
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Remedy for breach of real covenant?
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Damages
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How do you create equitable servitude?
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Writing, signed by grantor
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How is equitable servitude transferred?
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Successors bound if WITN (writing, intent, touch and concern, notice)
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Requirements for binding UNBOUND lots under General Scheme Doctrine
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Reciporical negative servitude: those whose deeds contain no restriction are bound if (i) at start of subdividing, grantor had common scheme and (ii) unrestricted lot holders had notice (AIR)
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What remedy is available if landowner violates General Scheme Doctrine?
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Injunction
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What is easement appurtenant?
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Benefits holder in physical use and njoyment of property (right of way) - must have 2 parcels
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What is easement in gross?
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Congers personal or pecuniary interest not related to use and enjoyment of dominant tenament (only need one property - placement of billboard)
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Does easement appurtenant need to be mentioned in deed of dominant tenament to transfer?
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No
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When does burden of easement appurtenant not transfer with servient tenament?
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When purchaser is BFP without notice
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Under modern / NY view, does buyer have record notice of contents of deeds transferred from common grantor to others in subdivision?
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No
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When is tacking allowed for AP?
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When there's privity, satisfied by non-hostile nexus
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When is one riparian liable to another?
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When he unreasonably interferes with another's use
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What do you have to show to get a variance?
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Undue hardship and that variance won't decrease the value of neighboring properties
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