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66 Cards in this Set

  • Front
  • Back
fee tail
"to A and the heirs of his body"

passes to grantee's lineal blood descendants, no matter what

today, just creates a fee simple
defeasible fee types
fee simple determinable
(NY: fee on limitation)

fee simple subject to condition subsequent
(NY: fee on condition)

fee simple subject to executory limitation
fee simple determinable
(NY: fee on limitation)

"to A until..." / "to A so long as..."

forfeiture: AUTOMATIC

future interest: possibility of a reverter
fee simple subject to condition subsequent
NY: Fee on condition

"But if X.... grantor reserves the right to reenter"

future int: right of entry
NY: "right of reacquisition"

forfeiture: NOT automatic
fee simple subject to executory limitation
"to A, but if X, then to B"

future interest: shifting executory interest

forfeiture: AUTOMATIC
life estate, future interest
O has a reversion;

unless 3rd party, then he is a remainderman
use of natural resources by life tenant
prohibited, unless PURGE

Prior Use - (open mines doctrine - can keep using them)
R - use resources for reasonable repairs & maintenance
G - if Granted the right to do so
E - if land only suitable for Exploitation
affirmative waste
must not enhance value, unless ALL future interest holders are known & consent

NY: life tenant may make improvements that are reasonable unless remaindermen object
future interests in the grantor
possibility of reverter (after fee simple determinable)

right of entry (fee simple subject to condition subsequent)
NY: "right of reacquisition"

reversion - after life estate or any other lesser quantum
vested remainders
indefeasibly vested remainder

vested remainder subject to complete defeasance
"To A for life, then to B, but if V dies before 25, to C" ---> B has this

vested remainder subject to open "to A for life, then to B's children"
Contingent Remainder
(NY: Remainder subject to condition precedent)

if unborn or unascertained persons or subject to condition precedent
Rule of Destructibility of Contingent Remainders
"O to A for life, then if B has reached 21, to B"

C/L: if B is only 19, B loses

Today/NY: O would hold until B turns 21
Rule in Shelly's Case
"O to A for life, then to A's heirs"

C/L: A gets fee simple
Today/NY: abolished. A gets a life estate; heirs get a contingent remainder; O gets a reversion
Doctrine of Worthier Title
"O to A for life, then O's heirs"

C/L: A has a life estate, O has a reversion, O's heirs have nothing

NY: abolished; so O's heirs have a contingent remainder
Executory Interests
NY: Remainder subject to condition precedent

Shifting Executory Interest - cuts short someone other than the grantor

Springing Executory Interest - cuts short the grantor ("O to A, when A marries")
RAP Applies to...
contingent remainders

executory interests

vested remainders subject to open
RAP does not apply to
future interests in O

indefeasibly vested remainders

vested remainders subject to complete defeasance
RAP exception
from one charity to another
RAP Wait & See Reform
determine the validity of future interest at the *conclusion* of the measuring life

+ cy pres

+ reduce age contingency to 21
Uniform Statutory RAP
c/L RAP, plus see if it actually vests in 90 years

+ cy pres

+ reduce age contingency to 21
c/L; no wait/see; no cy pres

but reduce to 21

presume woman > 55 cannot have a child
necessary to add a joint tenant

NY: not necessary
Joint Tenancy severance
sale; partition;

mortgage, title theory, minority rule, severs joint tenancy

NY: mortgage, lien theory, majority rule, doesn't sever
tenancy by the entirety
neither tenant may unilaterally convey his share

NY: can mortgage one spouse's interest
AP Period
NY: tenancy in common, 20 years

NY: generally, 10 years

Holdover tenant
"tenancy at sufferance"

NY: acceptance of rent creates an implied month to month
termination of periodic tenancy
notice at least equal to the period, unless year to year, then 6 months;

tenancy ends at conclusion of natural lease period;
Tenancy at will
unless expressly at will, regular rent creates a periodic tenancy

NY: If L terminates, must give 30 days
Tenant's Liability to 3rd parties
T is liable to 3rd parties that T *invited*, even where L has expressly promised to make repairs

(seek indemnification)
Complete Loss of While tenant
If T expressly covenants to maintain and there's a loss, at C/L, T is responsible

NY: T may terminate if the premises are destroyed w/o T's fault
duty to mitigate
NY: Nope.
duty to deliver possession
majority / "English rule" - L must put T in possession

minority / "American rule" - T only gets legal possession
LL's covenant of quiet enjoyment
residential & commercial

possession won't be disturbed, actually, constructively or by nuisance
LL's covenant of habitability
only residential

must be fit for basic human habitation
NY Assignments
NY: Residential T cannot assign w/o L's written consent; L can unreasonably withhold consent; T must then seek release

T in a residential building ≥ 4 units may sublease w/consent; LL may not unreasonably withhold consent
Negative Easments
Must be expressly created, in writing

Stream water from artificial flow
Easement in Gross
billboards for beans;

to swim in pond;

not transferable unless commercial periods
entitles its holder to enter the servient land and take the soil, minerals, timbers, oil
Covenant, for burden to run
covenant = $$$; equitable servitude = injunction

Intent by both to run
Touch and concern
Horizontal and vertical privity (not hostile)
Covenant, for benefit to run
covenant = $$$; equitable servitude = injunction

Intent by both to run
Touch and concern
Vertical privity, not hostile

(no horizontal req)
Equitable Servitudes
covenant = $$$; equitable servitude = injunction

create by WITNES
Touch & concern

no privity req
Adverse Possess & Disabilities
S.o.L. will not run against owner who is afflicted at THE INCEPTION
Land K, risk of Loss
once K is signed, B bears the risk of loss

NY: opposite, risk is on S
doctrine of part performance
if 2/3, then equity will decree specific performance of an oral K

* physical possession
* all of part of purchase price
* and/or substantial improvements
land k, implied promises
marketable title

no false statements of material fact
(NY: ≤ 4 dwellings, must provide disclosure)
Delivery of Deed
delivery does NOT require actual transfer; just need grantor's present intent to be immediately bound

oral condition is void; delivery is accomplished anyway;

escrow is permissible
quitclaim deed
no promises - so if any problems post closing, B has no remedy

(but S did promise marketable title at closing)
Statutory special warranty deed
NY: "Bargain and sale deed"

grantor promises that he's copacetic, that *he* hasn't conveyed to anyone else
General Warranty Deed, present covenants
SoL from instant of delivery

covenant of seisin - he owns the estate

covenant of right to convey - no temporary restraints on power to sell

covenant against encumbrances
General Warranty Deed, future covenants
SoL from when the grantee is disturbed in possession

covenant for quiet enjoyment - grantee will not be disturbed by 3rd party's claim

covenant of warranty - will defend grantee against any lawful claim

covenant of further assurances - will do what's necessary to perfect
NY recording statute
Shelter Rule
one who takes from a BFP will prevail against another that the BFP would have prevailed against
Equitable Mortgage
you give the deed, but then use parol evidence to show intent to mortgage;

but if creditor sells to a BFP, O's recourse is only to sue the creditor for fraud
mortgagor's transfer w/lien on the land
if B "assumes the mortgage" then B is primarily liable; O is 2ndarily liable

if B takes "subject to the mortgage" only O is personally liable; B has no personal liability; but B's going to get foreclosed on anyway
Foreclosure, junior liens
If surplus, junior liens get paid; if not, they get nothing & extinguished

Junior parties are necessary and must be joined
(so must the debtor/mortgagor)

If he doesn't get joined, his mortgage isn't extinguished
Foreclosure, senior liens
senior interests remain

the buyer at sale buys "subject to the mortgage", so he's not liable, but the senior bank is still going to foreclose
Mortgage priority
if recorded, then 1st in time, 1st in right

creditor always has 1st priority as to a parcel he financed (purchase money mortgage)
mortgagor may not waive redemption
statutory redemption
period during which you can redeem for price paid at auction
& right to possession during the statutory period

NY: nope
lateral support
excavator is liable for adjacent cave-in, if he acted negligently

no S/L unless P shows that, b/c of D's actions, P's land would have collapsed in its natural state - that P's improvements played no contributory role
riparian doctrine
riparians may make reasonable use of water, for natural purposes
prior appropriation doctrine
water rights by priority of individual use - 1st in time, 1st in right, even for agricultural use
common enemy rule
landowner may change drainage or make improvements to combat the flow of surface water
substantial and unreasonable interference w/another's use of land

including odors and noise
non-conforming use
a once lawful use, now non-conforming

cannot be eliminated all at once w/o just compensation
unconst exactions
e.g. to build, you must make new streetlights

must be reasonably related both in nature & scope to the proposed development