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103 Cards in this Set

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Define Fee Simple Absolute
invests holder with full possessory right now and lasts indefinitely into the future
what are the magic words for F.S.A?
"To A and his heirs"
not essential in WA, but common
what are typical words used in Fee Simple Determinable?
"so long as" or until
What is the future interest in Fee Simple Determinable?
Possibility of Reverter
in a Fee Simple Determinable, in whom is the interest created?
Grantor
in Fee Simple Determinable, does the transfer occur automatically or is action required?
automatic
in Fee Simple on condition subsequent, does the transfer occur automatically or is action required?
action required
in Fee Simple subject to executory interest, does the transfer occur automatically or is action required?
automatic
What is the future interest in Fee Simple on condition subsequent?
right of entry (or right of reentry)
What words are typically seen in Fee Simple on condition subsequent?
"condition" or "reenter"
in whom is the interest created in Fee Simple on condition subsequent?
Grantor
what words are typically seen in Fee Simple subject to executory interest?
"so long as" or "until" Also, there will also be language detailing who will get the land
in whom is the interest created in Fee Simple subject to executory interest?
someone other than the grantor.
What is the future interest in a Fee Simple subject to executory interest?
executory interest
when must the right of entry be exercised within in a fee simple on condition subsequent?
within a reasonable time
"To my church for use as a church building" gives the church what interest?
fee simple absolute
Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is ever sold on the property, then to B"
void
fee simple absolute
Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A so long as no liquor is ever sold on the property, and if it is, then to B"
void
fee simple determinable
grantor has possibility of reverter
Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if A personally ever sells liquor on the property, then to B."
valid under the RAP
executory interest
Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is sold on the property within the next 20 years, then to B"
valid under RAP. must be less than 21 years
Define a life estate
an estate that is not terminable at any fixed time but cannot last longer than the life or lives of one or more persons
Who owns the estate and who is the measuring life below
"To A for life"
A owns the estate, A is the measuring life
Who owns the estate and who is the measuring life below
"To A for the life of B"
A owns the estate, b is the measuring life
Who owns the estate and who is the measuring life below
"To A for life", later by a new deed, A conveys his interest to B.
B has a life estate
A is the measuring life
Define "Waste"
A suit against the holder of a possessory estate by someone with a non-possessory interest
What are the remedies for Waste?
damages (treble if intentional) and an injunction
What three thing generally constitute waste?
intentional damage
not keeping out the weather
failing to pay property taxes of mortgage interest
What three types of future interests are always created in the grantor?
possibility of reverter
right of entry
reversion (most common)
What two types of interest are always created in someone other than the grantor?
remainder
executory interest
What 4 rules are required for remainders
1. must be created at the same time and same instrument as prior estate.
2. prior estate must be life estate.
3. doesn't "cut short" prior estate
4. no "built-in" time gap between the prior estate and the futrure interest.
Define "remainder"
a future interest in transferee that is capable of taking present possession upon the termination of th epreceding estate created in the same dispositon
What interests does the RAP apply to?
contingent remainders
executory interests
class gifts
options to buy land
rights of first refusal
what interests does the RAP NOT apply to?
vested remainders
future interests created in the grantor
determine what the interest is under RAP
"To A for life, then to B for life if B has passed the bar exam, then to C"
contingent remainder
certain to vest or fail w/i B's life
good under RAP
determine what the interest is under RAP
"To A for life, then to A's eldest surviving daughter for her life, then to the Red Cross if and when it ever affiliates with the United Way"
daughter has a contingent remainder, good under the RAP, Red Cross has a contingent remainder that is not certain to vest or fail w/i 21 yrs of SLIBACOI. INVALID under RAP
In WA, if a trust creates a beneficial interest we wait to see if it _____ vests or fails within _____ years
actually
150
What are restraints on alienation?
restrictions on transferability of land
what is the general rule for restraints on alienation?
generally, any restriction on the transferability of a fee simple interest in property is void
what are the three types of restraints
disabling restraint
forfeiture restraint
promisory restraint
What is a disabling restraint?
no power to transfer
ex. "to A, but A shall have no power to transfer the land w/o my consent"
what is a forfeiture restraint?
ex. To A, but if \A attempt to xfer w/o my consent, the land shall automatically revert to me"
what is a promisory restraint example?
"To A, but A promises and covenants not to xfer trhe land without my consent"
which restraint is always void
disabling
which restraints are void on fee simple absolute estates?
all
which restraints are valid on estates less than FSA
forfeiture
promissory
right of first refusal must be __________
reasonable
a restraint will be struck down if it results in ______
illegal discrimination
what is concurrent ownership
two or more people share possessary interest
what are the two types of concurrent ownership
tenency in common
joint tenency WROS
what kind of tenancy is presumed absent specific designation
tenency in common
what are the 4 unities required for JT WROS
unity of time
unity of title
unity of interests
unity of possession
which unity is required for tenency in common?
unity of possession
what is unity of interests?
equal shares
List the tenency and interests in EX. below:
O deeds "To A, 1/2 interest as a joint tenant WROS. One week later, O deeds "to B, 1/2 interest as a JT WROS.
tenency in common
no unity of time or title
List the tenency and interests in EX. below:
O deeds "to A and B as JT WROS, A to have 75% and B to have 25% interest"
Tenency in common
no unity in interests
what does a conveyance of a joint tenancy interest to an outsider convert the interest into?
tenency in common
what theory of mortgages does WA follow?
lien theory
mortgage does not pass title. only a lien and not enough to sever JT
In a concurrent tenency, if A keeps B from land by force or threat it is called an _______
ouster
what are the two types of partition? what are they?
partition in kind- court places a boundry separating the properties
partition by sale- court orders sale and division of proceeds
are leaseholds a freehold or non-freehold estate?
non-freehold
What three estates can be owned by tenents
fixed term estate
periodic estate
estate at will
what interests does the landlord own in a leasehold?
rents and reversion (future interest)
What are the WA rules for termination of periodic estates (residential)
20 days notice by L, 30 days notice by T
What are the WA rules for termination of periodic estates (NON-residential)
20 days notice by L or T
what are the requirements for leases
WAR of the leases
writing if more than one year (SOF)
Acknowledgment if more than one year
Recording Act if more than 2 years
in what 5 specific situations are landlords liable to tenents for personal injury?
Latent Defect (hidden defect that landlord knows of or has reason to know of)
common areas
leased for public use
covenant to repair
repair voluntarily taken and completed negligently
does WA hold landlords liable under a general negligence theory?
no
what is the implied covenant of quiet enjoyment?
right to use land without interruption
is the implied covenant of quiet enjoyment violated in the following facts?
T leases one-half of a duplex from L (who lives in the other half). L plays his sterio loudly at 3 am every night
yes, L directly interferes with T's use and enjoyment of the property
is the implied covenant of quiet enjoyment violated in the following facts?
T leases space for a store, and then discovers that "L" is not the actual owner of the building. The true owner evicts T.
no, T can sue fake L but not real L
is the implied covenant of quiet enjoyment violated in the following facts?
T leases an apartment, but upon moving in, discovers it is still occupied by a previous tenant who has held over when lease expired.
yes, L has a duty to evict
is the implied covenant of quiet enjoyment violated in the following facts?
T leases from L a house with a detached garage. Later, L changes the lock on the garage so T cannot have access to it
yes, this is a partial actual eviction. If L locks you out of part of the premisis, yhou don't owe any rent.
What must the tenant show to establish constructive eviction?
1. the conditions are very bad
2. the conditions are the fault of the landlord
3. the tenant has moved out.
From where is the implied warranty of hability derived?
The WRLTA
Washington Residential Landlord-Tenant Act
WRLTA applies only to _______?
residential housing
How much time does the landlord have to cure the following defect under WRLTA?
hot or cold water
24 hours
How much time does the landlord have to cure the following defect under WRLTA?
electricity
24 hours
How much time does the landlord have to cure the following defect under WRLTA?
condition hazardous to life
24 hours
How much time does the landlord have to cure the following defect under WRLTA?
refrigerator, range, or major plumbing
72 hours
How much time does the landlord have to cure the following defect under WRLTA?
all other defects
10 days
What remedies are available to T when implied warranty of hability is violated?
Terminate lease and move out
abatement of the rent
damages for breech of warranty
self help repair and deduct from rent
what is max self help rent abatement for work done by contractor under WRLTA? for Tenant?
contractor 1 mo rent per repair, 2 mo rent per year.

Tenant 1/2 mo rent per repair, 1 mo rent per year
Who can waive landlord's duties under WRLTA
county attorney, state attorney general, tenant's attorney
in WA must L attempt to mitigate rents after T abandons?
yes
If L attempts to re-let property after T improperly terminates, L can recover what?
re-letting expenses
full rent while seeking a new tenant
What are L's two options wrt holdover tenants
bring action for unlawful detainer
treat T as a periodic tenant
Can L do self help eviction in WA by changing locks and putting T's possesions out on sidewalk?
no, L must use a judicial proceeding per WA statute.
when answering a L/T question as first..
if property is residential or non-residential and if WRLTA covers (residential only)
under WRLTA L must place security deposit in ______ and return within ______ or give ______
escrow account
14 days
written explaination
under WRLTA, landlord who fails to follow security deposit rules is liable for ____ and for _____ fees, ____ if the deposit was willfull
full deposit
attorney
double
(note that this only applies if there was a written agreement concerning security deposit)
in WA landlord's lien is _____ for residential tenancies
abolished
under WRLTA if residential tenant abandons the premises, leaving goods behind, L can hold them for ___ days, try to notify T then dispose of them.
45
in WA for NON-residential tenancies, L _____ assert lien ton T's goods for deliquent rent. The lien has priority over all _____ security interests in the goods
may
PMSI
What is an assignment?
a complete transfer fo the entire remaining term of the lease
what is a sublease
tenant retains part of the remaining term of the lease
is L's consent required for T to enter into an assignment or sublease?
only if the lease expressly says so.
is a violation of a sublease or assignment clause enforseable? how?
yes, breech of leased
L can terminate lease
Is L required to be reasonable in withholding consent under a assignment or sublease clause? what is the exception?
no, selling mobile home on trailer park pad or space.
T1 makes a sublease to T2, there is a default in rental payments. Who is personally liable to L for rent? what if it is an assignment
T1 is always liable unless expressly released by landlord.
if an assignment, then T2 is liable.
define "Easement"
non-possessory rights to use the land of another for a specific purpose
Grant of easement should contain the following information
1. state that it is an easement rather than a possessory estate
2. purpose
3. duration
4. location
WA requires a complete and accurate description of the _____, but not a complete and accurate description of the _____
servient land
location of the easement on the servient land
What are the two general types of easements
appurtenant and "in gross"