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14 Cards in this Set

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C. Suits by subsequent grantees (OBG)
For suits by subsequent grantees--Future covenants run w/ the land to ???
1. Future covenants run w/ the land to all successors in interest of the original grantee. So, if B sells B/A to G the benefit of the future covenants run to G
Suits by subsequent grantees (O to B to G) \\ Do present covenants run with the land? When are they breached? Who has COA? What is the Majority/Minority positions on each?
2. Present covenants do NOT run with the land. They are breached at the closing of the sale or not at all. If they are breached, initial grantee may have a COA, but majority view is that COA is not impliedly assigned to G when B/A is transferred, UNLESS the original grantee B, expressly assigns the cause of action. a) Majority – no implied assignments of COA under the present covenants b) Minority – the COA is impliedly assigned (1) The majority default rule is for dummies, people w/smart lawyers change the default rule and ask grantor to assign all causes of action under present covenants
Delivery of deed – deed must be _?_ _?_ _?_. Why for each?
D. Delivery of deed – deed must be signed, sealed and delivered. Delivery is a manual tradition (hand to hand). 1. Signed – because of the Statute of Frauds 2. Sealed – Norman conquest of 1066 3. Delivered – means evincing an intent to be immediately bound; evincing an intent that the deed have legal effect; evincing an intent that the deed be set free. a) Delivery is not limited to manual transmission
Escrow can be ____ or _____
4. Escrow can be commercial or donative
Define: Commercial (Escrow) –
a) Commercial – someone gives money in exchange for real estate. If no one gives you money, give me back the real estate
Define: Donative (Escrow) –
b) Donative – transfer of property at death (by devise, no commercial aspect)
5. Transfer of B/A – only which 2 ways to do it?
5. Transfer of B/A – only 2 ways to do it a) By deed b) By will (or intestate succession – the state drawn will) (1) A will can’t transfer property during life and a deed can’t first become effective at or after death.
A revocable escrow does not ________. a) Deed may have been signed and delivered to someone. If that person is an escrow agent and the escrow is revocable, in most Jx there has been _____ (1) There must be delivery during ____. If not, that means B/A never left the grantor or the grantor died owning B/A and it passes by will or intestacy.
6. A revocable escrow does not constitute delivery a) Deed may have been signed and delivered to someone. If that person is an escrow agent and the escrow is revocable, in most Jx there has been no delivery (1) There must be delivery during life. If not, that means B/A never left the grantor or the grantor died owning B/A and it passes by will or intestacy.
Define: Probate for (delivery of deed) –
7. Probate – probate is the process of clearing title to the property in the name of the decedent. Problems arise when lay people try to avoid probate by home made attempts
What does Sweeney v. Sweeney mean? – "________ (in escrow to the grantee)" Facts: 8. Maurice and Maria are married but separated (can’t get divorced) and Maurice wants to leave B/A to brother John. CT laws provided that wife would get an interest after husband’s death, so Maurice tries to fix it a) Grant 1 – M to J w/M retaining an informal, unwritten life estate (M worried about J dying first and M w/o place to live) b) Grant 2 – J to M w/J delivering on the condition that J dies before M – conditional delivery to the donee AKA delivery to the donee as his own escrow agent. 9. M dies and then Maria and J are fighting over B/A. \\\\ which deed is good? Why? What about J's 1st and 2nd attacks?
Sweeney v. Sweeney – what to do when a grant is absolute on its face w/conditional delivery (in escrow to the grantee) a) Maria can get B/A only if both grants are good, or if neither of them are good. (M had to have B/A for her to get any) 10. The first deed is good – there was intent and manual delivery 11. The second deed – was it good, did it transfer B/A back to M? a) J signed the deed, taken away by M (manual delivery). M then took it to Js house and J kept both deeds. J gave both deeds to atty whose office burnt down. (1) Second deed looks delivered. J has to void the 2d deed. J attacks the 2d deed: 12. Js 1st attack – I had no intent a) Court says BS – you signed it and it was delivered (court presumes acceptance) 13. Js 2d attack – there was a conditional delivery a) The deed was absolute on its face, but was delivered conditionally (w/escrow agent being the grantee instead of TP) (1) This court says conditional delivery to a grantee vests title in the grantee (must be to TP to be in escrow)
3 solutions to conditional delivery to a grantee
a) Sweeney solution – void the condition (ignore the condition) (1) This is the most likely solution b) Chillemi solution – respect the condition (war hero whose wife betrayed him c) Void the whole thing – no delivery due to the condition
Donative transfer in escrow – delivery occurs on _____...? Courts will imply ___...?
Donative transfer in escrow – delivery occurs on the transfer to the escrow agent. Courts will imply present and future interest when a transfer like this takes place. a) O executes an absolute deed on its face and tells escrow agent to give it to B when O dies. Agent gets absolute deed to B to B/A. Court will imply, if asked, a life estate in O. Will turn a transfer to B into a L/E in grantor and a remainder in the grantee.
Rosengrant v. Rosengrant – if in escrow instructions, the grantor retains the power to recall the deed, the escrow is invalid 16. Aunt and Uncle Rosengrant have no kids and want to give land to nephew J upon death. (they should have done this in a will, but talked to a banker, not a lawyer). 17. U gave J deed (manual delivery) – court doesn’t find manual delivery here, Dobie says there was. J gave deed to bank – Dobie thinks this is bailment. 18. Deed put in envelope w/ “J or U” on it. Words were typed on envelope (by bank). J was told it not to record it till A and U died \\\\ What does the court seee as a transfer, non transfer? Why did J not get B/A? Why no delivery?
19. A and U stayed on B/A – court sees this as non-transfer (no intent). Dobie sees this as a L/E w/remainder 20. A and U paid taxes – court sees this as non-transfer. Dobie says this is what L/E owners do a) J did not get B/A because court said there was no delivery. B/A passed on intestacy in equal shares. b) There was no delivery because the court says U reserved the right to retrieve the deed. (1) Dobie says this is BS. Court says delivery was a handing over to the banker to transfer to J on the death of A or U. Dobie says this was the handing was through J to the banker w/instructions.