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81 Cards in this Set

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