Property

Front 1

No conveyance or mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded

Back 1

Race
Grantee who records first wins

Front 2

No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof, unless it is recorded

Back 2

Notice
subsequent bona fide purchaser wins as long as they dont have notice (doesnt matter if they record)

Front 3

No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof whose conveyance is first recorded

Back 3

Notice-Race
Subsequent bona fide purchaser wins, but only if they record first

Front 4

CL Recording Rule and why its problematic

Back 4

Grantee who recorded first won.
Encouraged fradulent acts by grantor and imposed losses on innocent subsequent gratees - made it risky to buy land

Front 5

Failure to record

Back 5

No protection of recording act and CL rule of prior in time prevails applies
Risk: Your grantor can execute another deed to someone else

Front 6

BFP

Back 6

Bona fide purchaser
Purchaser without notice of prior instrument at the time of conveyance who gives a valuable consideration

Front 7

Requirements for nuisance

Back 7

Conduct causes a substantial interference with use and enjoyment of land. 4 elements:
1. interference is intentional and unreasonable
2. Conduct is intentional and unreasonable OR negligent and hazardous
3. Defendants conduct must cause the interference
4. Plaintif must have a property interest in the injured land. (short term tenancy sufficient)

Front 8

Intentional Trespass v. Intentional Nuisance

Back 8

Trespass actionable even if there is no substantial injury, but intentional nuisance has to be unreasonable and there must be substantial injury

Front 9

When can a private individual act against a public nuisance?

Back 9

When he can show the nuisance is speciffically injurious to him. Must show damages to him are different than they are to the public. (Cant just be to a greater extent)

Front 10

Easement appurtenant

Back 10

Benefits a particular parcel of land, so it cant be seperated and passes with title

Front 11

Easement in gross

Back 11

No dominant land, bc the easement benefits the owner, not any land he owns

Front 12

regrant theory

Back 12

When A conveys to B reserving themself an easement, courts made up that B granted an easement to A

Front 13

Difference between an easement and a liscence

Back 13

Liscence is inherently revocable (usually)

Front 14

Requirements of easement by prescription

Back 14

Adverse
Continuous and uninterrupted for prescription period
Open and notorious

Front 15

Adverse Possession rationales

Back 15

-punish abandoning owner
-protect ownership when title is hard to prove
-reward productive user
-preserve status quo, fulfill expectations
-efficient transfer of land
-bar stale claims

Front 16

Possessor's rights before SOL runs

Back 16

Prior possessor wins and can evict all subsequent possessors

Front 17

claim of title

Back 17

claim of right

Front 18

color of title

Back 18

claim based on defective document
-not usually required, but advantageous for AP

Front 19

Difference between leases, liscenses and easements

Back 19

1. lease can be oral but easement is subject to SOF
2. Only tenant has posessory interest and can bring a possessory action like ejectment, trespass or nuisance

Front 20

Problem with long term leases

Back 20

Land and taxes get more valuable, so over time, the fixed rent gets less valuable

Front 21

Assignment

Back 21

tenant transfers entire remaining term of lease
assignee comes into privity of estate with landlord (privity of estate makes them liable to each other)
-L and T2 can sue each other

Front 22

Sublease

Back 22

partial transfer of less than the remaining full term (sublessor remains some interest)
no privity of estate and no privity of contract

Front 23

T retains a reversion after transferring to T2

Back 23

Agreeing to remain liable for rent is not a reversion under CL, so this can still be an assignment.
Modern law says its a sublease
Minority looks at parties' intent

Front 24

Rationale for trend to adopt commercially reasonable standard for residential leases as well as commmercial leases

Back 24

-residential tenants likely to be in need of greater protection
-promotes transferability and alienation
-furthers policy disfavoring restraints on alienation
-good faith and fair dealing
-carries out reasomable expectations of parties

Front 25

Remedies If T assigns even though L has withheld consent

Back 25

-L can terminate (but cant collect rent)
-If denial is unreasonable and reasonable consent is required in the lease, T can sue for declaratoy judgment and get damages if T2 backed out as a result

Front 26

Solutions to L's denial of consent of transfer

Back 26

-parties could have negotiated for good faith reasonableness
-never allow anti-assignment clauses (but want to allow owners protection and control)

Front 27

Commercially reasonable objection to transfer

Back 27

financial responsibility of new tenant and suitability for building
-general economic advantage not sufficient

Front 28

L's remedies if T has no right to vacate but does

Back 28

a) Terminate: Effects surrender. T liable for rent accrued and damages caused by abandonment
b) Leave vacant and sue for rent as it comes due (if there is no duty to mitigate damages)
c) Repossess and re-let

Front 29

Illegal Lease doctrin

Back 29

Lease that violates housing code is unenforceable
-But doesnt apply if code violations develop after lease is made, and minor violations are not enough, nor are ones L didnt have actual or constructive notice of
-Gives T leverage