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30 Cards in this Set
- Front
- Back
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Adverse possession |
An actual entry giving exclusive possession that is open and notorious and must be hostile and continuous.
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Types of adverse possession |
1. Good faith error 2. Hostile intent
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Gifts |
Non-revocable Present intent Delivery Accepted |
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What is delivery of a gift? |
Actual Symbolic (represents the gift) Constructive (give means to acquire) |
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Exceptions to the gift rule: |
Causa mortis Gift made contemplating impending death Can be revoked if lives Inter vivos Donor retains life estate Donee takes possession at donor's death |
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DIDA |
Descendible Inheritable Divisible Alienable |
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Fee Simple Absolute FSA |
O to A and his heirs DIDA No future interests |
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Fee Simple Determinable FSD |
Words of limitation or duration O to A so long as ... Possibility of reverter -- automatic DIDA |
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Fee Simple Subject to Condition Subsequent FSSCS |
Words of condition O to A on condition ... Right of reentry -- no automatic trigger DIDA Look for laches
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Fee Simple Subject to Executory Limitation FSSEL |
No reverter, goes to 3rd party instead O to A unless X, then to B 3rd party listed at time of creation Cuts short interest of A in favor of B |
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Life Estate LE |
O to A for life Reversion implied to O if no remainder created
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Future interests in transferor |
Possibility of reverter Right of reentry Reversion |
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Future interests in transferee |
Vested Contingent Executory |
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Vested future interests in transferee |
Indefeasible Vested subject to divestment O to A then to B unless condition, then to C Vested remainder subject to open Open group with at least one eligible taker |
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Contingent future interests in transferee |
Class open O to A then to A's children (if no children yet) Conditional O to A then to B if condition met |
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Executory interests |
Shifting (cuts other than O short) O to A unless condition, then to B Springing (cuts O short) O to A when A marries |
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Trusts |
Trustee holds title and manages fiduciary interests to benefit beneficiaries. |
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Tenancy in years TY |
Specified in years Auto termination Reversion to landlord |
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Periodic tenancy PT |
Successive intervals If T pays and L accepts then continues Notice required to terminate
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Tenancy at will TW |
No fixed duration Lasts until either party gives notice to terminate 30 days in CA |
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Tenancy at sufferance TS |
Holdover T Lasts until eviction (unlawful detainer) or T pays and L accepts, then PT |
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Tenant Duties |
Duty to repair Duty to pay |
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Sublease or assignment? |
Assignment when T assigned entire remainder to new T2. Sublease when T retains any part of remainder. |
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Landlord Duties |
Delivery of possession Covenant of quiet enjoyment Warranty of habitability |
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Constructive eviction |
SING Substantial Interference Notice Get out (must leave)
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Deeds |
Quitclaim Grant Delivery and acceptance required intent of grantee! |
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Covenants of title |
QWES-FaC Quiet enjoyment Warranty Encumbrances Seisin Further assurances Convey |
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Types of notice (recording) |
Inquiry Actual Constructive |
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Race/Notice recording |
Race Notice Race/notice |
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Bona fide purchaser |
Purchaser without notice of prior conveyance who paid consideration for property. |
