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34 Cards in this Set

  • Front
  • Back
Termination of JT
S everence and Sale
P artition
A nd
M ortgages
Lien theory of mortgages (JT)
does NOT sever the JT
Rights and Duties of Co-Tenants
Adverse possession Improvements
Rent from co-tenant Carrying costs
Rent from third parties Repairs
Periodic Tenancy - creation
1) Express agreement
2) Implication
3) Operation of law
Tenant Duty to Pay Rent - LL options
S urrender
I gnore the abandonment (minority rule)
R e-let the premises (majority rule; mitigate damages)
Landlord duties
1) Deliver possession
2) Covenant of Quiet Enjoyment
3) Implied Warranty of habitability
Implied Covenant of Quiet enjoyment
Applies to both residential and commercial

Occurs with:
1) Actual Eviction
2) Construction Eviction
S ubstantial I nterference
N otice
G oodbye
Implied warranty of habitability
Only residential property (non-waivable)

Premises must be fit for basic human habitation
Implied warranty of habitability: Tenant Remedies
M ove Out
R epair and Deduct
R educe rent
R emain in possession
Landlord Tort Liability
Standard - buyer beware

C ommon areas
L atent defect rule
A ssumption of repairs
P ublic use rule
S hort term lease
Easements: Affirmative
P rescription
I mplication
N ecessity
G rant
Easements: Negative
L and
A ir
S upport
S treamwater
Easements - termination of
E stoppel
N ecessity
D estruction

C ondemnation
R elease
A bandonment
M erger Doctrine
P rescription
Covenants - burden side analysis
W riting
I ntent
T ouch and concern the land
H orizontal (AND Vertical Privity)
N otice
Covenants - benefited side analysis
W riting
I ntent
T ouch and concern
V ertical privity
Equitable Servitudes
W riting
I ntent
T ouch and Concern
N otice
E quitable
S ervitude
Implied Equitable Servitudes - requirements
1) When selling began, developer had a general scheme or plan
2) D lotholder had NOTICE of promise
Notice - Types of (covenants and equitable servitudes)
A ctual (direct knowledge)
I nquiry (neighborhood looks like conforms to something)
R ecord (prior deed in grantee's chain or title)
Equitable Defenses
1) Unclean hands (also violating the restriction)
2) Estoppel (think it was abandoned)
3) Changed conditions
Land Contract - requirements
1) Meet statute of frauds
2) Doctrine of equitable conversion (risk of loss shifts at K time)
3) Implied promises:
- Marketable Title - promised by seller at closing
- No false statements of material fact
Marketable title (definition and defects)
Title reasonably free from doubt

1) Defects in chain in title:
- Adverse possession
- Future interests held by unborn or unascertainable parties

2) Encumbrances - like mortgages, liens, restrictive covenants, and easements will render title unmarketable

3) Zoning restriction

4) Time of marketability
Seller Liability for Defective Property
Warranty of Fitness or Quality - New Construction Only

Sale of Existing Land and Buildings - Liabilty for defects if
1) Misrepresentation (fraud)
2) Active Concealment
3) Failure to disclose (if he knows, or has reason to know, or serious problem)
Deeds - effective transfer
L awful
E xecution of a deed

A nd
D elivery
Deeds: Formalities
A deed must be in WRITING, be SIGNED by GRANTOR, and reasonably IDENTIFY the PARTIES and the LAND
Deeds: Delivery
NOTE: Title passes upon delivery (acceptance presumed in most cases)

1) Physical transfer - hand it to him; mail; agent; messenger
2) Legal transfer - present intent to be delivered
Covenants for Title: 3 types of deeds
1. Covenants in General Warranty
2. Statutory Special Warranty Deed
3. Quitclaim Deeds
Covenants in General Warranty
1. Seisin (has the estate she purports to convey)
2. Right to convey (has title)
3. Against encumbrances (like mortgages or encroachments)
4. Quiet enjoyment (grantee not be disturbed by 3rd party lawful claim of title)
5. Warranty (defend against reasonable claims of title)
6. Further assurances
Statutory special warranty
Two limited assurances:
1) grantor has not conveyed the same estate or any interests therin to anyone other than grantor
2) that the estate is free from encumbrances made by the grantor
Quitclaim Deeds
no covenants of title are included or implied
Recording Acts - purpose
To protect BFP from SECRET interests previously created and provide a mechanism for "earlier" grantees to give notice through recordation
Notice Statutes
subsequent BFP prevails over a prior grantee who failed to record
Race Notice Statutes
Subsequent BFP only protected if she takes without notice AND records before the prior grantee
BFP - types of notice
1) Actual notice - includes knowledge obtained from any source (like newspaper and word-of-mouth)
2) Inquiry
3) Record notice - chain of title
- Wild deeds - not connected to chain of title, so no constructive notice
- Shelter rule - one who takes from BFP stands in his shoes
Foreclosure: Redemption
Redemption in Equity - at any time prior to the foreclosure sale, mortgagor may redeem the property by paying the amount due

Statutory redemption - half of states allow mortgagor to redeem property for fixed period after the foreclosure sale has occurred