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81 Cards in this Set
- Front
- Back
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To A and his Heirs
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FSA (no remainder)
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To A for so long as A uses the property for Agricultural purposes
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FSD (no remainder; reverter)
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To A, but if A fails to use the land for agricultural purposes, O may enter + recover the land
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FSSCS (no remainder; reverter)
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To A, for life
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Life Estate
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O convey's "to A for life", O dies yr after conveyance
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A has present possessory life Estate. O's heirs have future reversion interest.
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Reversion
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Used when you give away less than you own
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Reverter
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Used when you give away what you own with a string attached
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O convey's "To A so long as the property is not used for commercial purposes"
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PPFSD to A; Reverter in O
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O conveys "to A for 20 years, however, A may be evicted in the event that hte property is ever used for commercial purposes"
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PP defeasable tenancy for a fixed term; O has right of entry for condition subsequent; right of reversion in FSA
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Right of Entry
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Indicates action
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O conveys "to A and her successive generations of lineal descendants"
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Fee Tail
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O conveys "to A for life" 1 yr after conveyance, O conveys all O's interests in the property to C
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A has present possessory life estate and O convey's O's right of reversion to C
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O devises "to A for life, then to B if B survives A"
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A has present posessory life estate and B gets a conditional interest (condition precedent in A dying) remainder in FSA
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O owns a life estate. O conveys "to A for 99 years"
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A has present possessory estate reverting back to the FSA owner once O dies
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O conveys to "A for life, then to B for life, then to C"
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these are all vested remainders
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O conveys to "A for life, then to B if B reaches age 25 (B is 20)
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A has PPLE; to be contingent remainder in FSA. If A dies before B reaches 25, O has reversion
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O converys "To A for life, then to A's children that survive A"
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A has PPLE; contingent remainder to A's children
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O convey's "to A for life, then to B if B survives A; but to C if B does not survive A"
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A has PPLE' condition precedent for B' condition precedent for C; alternative contingent remainders
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O devises "to A for 5 years, the nto B"
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A has tenancy for fixed term; vested remainder FSA B
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O Conveys "to A for life, then to the children of B" B has a daughter @ time of conveyance + then has a another child
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A has PPLE; vested in C-1; if C-1 dies c1's heir gets future interest; C2 might get something - unsure. Might be subject to partial divestment
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O conveys "to A for life, then to B and her heirs"
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A has PPLE; B has vested remainder in FSA
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O conveys "to A upon A's marriage to B"
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springing interest; conveying property. A's interest "jumps up" in the future; O has PPFSA subject to A's springing interest. B gets nothing
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O devises "to A but if A dies w/o children living, then to B
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No absolute b/c could be shifted over to A w/o children; very close to FSASCS
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O conveys "To A in 2015"
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springing interest FSA
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O conveys "to A for life; then to B' but if B does not survive A; then to C
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A has PPLE; then to B; then to C subject to shifting executory interest.
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O devises "to A for life, then to B if B survives A"
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A has PPLE; B has future interest, contingent remainder (condition precedent); O has reversion interest --> goes to his heirs
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O conveys "to A so long as the property is used for commercial purposes, then to B"
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A has PP vested interest so long as condition precedent continues; B has contingent remainder. DOES NOT meet RAP; B's interest sliced off + gets nothing
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O conveys "to A for life, then to B"
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A has PPLE; then B has contingent remainder (because it waits) B has vested rmeainder in FSA. B/c will vest, it meets FSA.
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O conveys "To A for life, then A's first child to reach age 25" A has child of 24
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A has pple; first child is a contingent remainder interest; b/c child could die RAP is not met; interests cut off @ A; O gets reversion
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O conveys "to A upons A's marriage to B"
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Springing executory interest with contingency
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A,B,C owned land in FS as joint tenants. A died and by will devised all A's realty to X & Y equally. Who owns what interest in the land at this point? B then died w/o a will. B's only heir is Z. Who owns what interest in the land
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X + Y have 1/6; c has 1/3; Z 1/3
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A owned a parcel of land in FS; A conveyed the fee "to A + B as joint tenants with the right of survivorship" A died leaving all A's realty to X by will. Who owns what interest?
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by will can't create interest to X. B gets all.
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A, B, C owned Land in Fee simple as joint tenants. A conveyed A's interest in the land to X. B then died. Who owns what interest in the land?
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A conveys to X and creates a Tenancy in Common; A can't destroy JT relationships b/t B & C
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O conveyed "to A & B equally for hte period they are both alive and then to the survivor @ the death of the other"
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Tenancy in common + life estate with contingent remainder in survivor. One party can't destroy contingent remainder in other party.
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lost property
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unintentionaly; unknowingly drops loses; belongs to finder; no notice required; encourags disclosure
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mislaid
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intentionally puts in certain location; belongs to owner or owner or premesis
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abandoned property
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owner voluntarily relinquished; belongs to finder
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TT
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carries sense of antiquity; belongs to finder
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Finder
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1. employee must give to employer
2. trespassors must give to landowner 3. landowner owns whatever is in property |
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quasi-bailee
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one who finds property
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bailment
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transfer/possession of property for a limited time
delivery, acceptance, control |
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delivery
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actual
constructive symbolic |
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bailment remedies
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used to be strict liability; now presumption of negligence; burden on bailee
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Bundle of sticks
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1. possession
2. occupation 3. disposal/transfer 4. alienation |
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Landlord tenant categories
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1. tenancy for fixed term
2. periodic tenancy 3. tenancy @ will |
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Apportionment/Rent abatement
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Used if landlord interferes with legal possession
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Eviction
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1. Actual
2. Partial Actual 3. Contructive |
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Contructive Eviction
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1. By Physical Interference
2. more than Trespass 3. Grave + Permanent 4. By landlord or Agents 5. Must leave w/in reasonable time or stay (all or nothing) |
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Physical features
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caveat emptor
no duty to repair |
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Permissive Waste
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1. T repairs
2. Normal wear/tear OK |
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Natural Disaster
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1. No duty to rebuild
2. T still pays rent |
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Voluntary Waste
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1. T changes something
2. Only violates if substnatial/material/affecting structure |
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IWH
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1. Based on PP
2. Un = Bargaining 3. Can't be waived 4. Under partial breach rent still paid 5. L has opportunity to cure 6. Needs notice |
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IWS
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1. Only TX
2. Ensures property is OK for business enterprise |
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Tort Liability; Criminal Liability
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1. L was negligent
2. Undisclosed/Latent Defects 3. L's affirmative duty |
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Exculpatory Agreement
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1. PP generally says no
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Assignment
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Changes privity
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Sublease
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1. Original Privity retained
2. New L-T relationship created |
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Transferring factors
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1. Expectation of Parties
2. Transfer clauses 3. Carefully distinguish b/t parties 4. Trend is toward freedom of K 5. Reasonableness is read in |
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Holdover tenants
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Evict at will
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Summary Eviction
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1. no self help
2. wrongful detainer statute |
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Tenant's dilemma
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1. can leave after constructively evicted
2. may be liable for rent is belief was unreasonable |
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Abandonement/surrender
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1. mitigation
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Rent Control
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Reasonable Return Standard
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Prima Facie Case for Bailment
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1. establish relationship
2. establish negligence |
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Bailment factors
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1. Knowledge
2. Acceptance 3. Assent |
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Constructive bailment
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1. Arising from another relationship
2. Act reasonably |
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Fixture
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1. Annexation
2. Adaptation 3. Intention |
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RAP
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1. prevents stacking of contingencies
2. must vest w/in death + 21 years 3. Wait and see - lets 99 years go by 4. most states getting rid of |
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Rule in Shelley's case
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Merges vested remainder into FSA
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Doctrine of Worthier Title
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Moves remainder back to orginal grantor
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TIC
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1. no right of survivorship
2. Use Contribution/Accounting |
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JT
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1. Right of survivorship
2. time 3. title 4. interest 5. possession |
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TBE
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1. marriage + survivorship
2. Becomes JT |
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Statute of Anne
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1. Tenant not in possession can get proceeds from rent
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Strawmen
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1. Used for self-conveyance to break JT + TBE; irrelevant now
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Leases within concurrent ownership
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1. temporarily severs JT
2. Totally severs JT 3. No severance |
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Dower
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generally 1/3
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Homestead
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makes part of estate exempt from creditors
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Community property
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Marriage is = partnership; as is property
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Condo's
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1. FSA in unit
2. TIC common areas 3. Lien results if don't pay condo fees |
