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139 Cards in this Set

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RIGHTS IN THE LAND OF ANOTHER:

(1) ______________

(2) ______________

(3) ______________

(4) ______________

These are NONPOSSESSORY interests in land - they create a right to USE LAND POSSESSED BY SOMEONE ELSE.
RIGHTS IN THE LAND OF ANOTHER:

(1) Easements

(2) Profits

(3) Covenants

(4) Servitudes

These are NONPOSSESSORY interests in land - they create a right to USE LAND POSSESSED BY SOMEONE ELSE.

PNEUMONIC: Eating Prunes Causes Shitting
Grant of an interest in land allowing one to use the land of another
EASEMENT: Grant of an interest in land allowing one to use the land of another

Ex. Owner of parcel A grants owner of parcel B the right to drive across parcel A.
A/an __________ is the permission to go onto the land of another.
A LICENSE is the permission to go onto another's land.

Ex. O allows the electrician to come onto his land to fix an outlet.
A/an __________ is the right to take resources from the land of another.
A PROFIT is the right to take resources from the land of another.

Ex. O allows A to come onto O's land to cut and remove timber.
A _________ __________ or an __________ __________ is a promise to do / not do something on the land.
A REAL COVENANT or EQUITABLE SERVITUDE is a promise to do / not do something on the land.

Ex. O conveys adjoining parcel to A. A promises not to build a pool on the property.
An easement holder has the right to use another's land for a _________ purpose.

HOWEVER, he has NO right to ________ or _______ the land.
An easement holder has the right to use another's land for a SPECIAL purpose.

HOWEVER, he has NO right to POSSESS or ENJOY the land.
EASEMENT vs. LICENSE

Licenses allow their holders to go upon the land of another.

*Unlike an easement, a license is NOT an INTEREST in land; it is merely a _________ and is __________ at the will of the licensor.

*A license is ________ to the licensee and is __________.
Licenses allow their holders to go upon the land of another.

*Unlike an easement, a license is NOT an INTEREST in land; it is merely a PRIVILEGE and is REVOCABLE at the will of the licensor.

*A license is PERSONAL to the licensee and is INALIENABLE.
A failed attempt to create an EASEMENT results in a _________.
A failed attempt to create an EASEMENT results in a LICENSE.
An easement can be acquired by PRESCRIPTION.

To acquire a prescriptive easement, the use must be:

(1) _________ and _________ (ie. discoverable upon inspection);

(2) _________ (ie. w/o the owner's permission); and

(3) CONTINUOUS and __________;

(4) For the __________ __________.
To acquire a prescriptive easement, the use must be:

(1) OPEN and NOTORIOUS (ie. discoverable upon inspection);

(2) ADVERSE (ie. w/o the owner's permission); and

(3) CONTINUOUS and UNINTERRUPTED;

(4) For the STATUTORY PERIOD.

NOTE: Prescriptive easements CANNOT be acquired in PUBLIC LAND!
Similar to acquiring property by ADVERSE POSSESSION!
CREATION OF EASEMENTS--

The basic methods of creating an easement are: _________ GRANT or _________, __________, and PRESCRIPTION.
The basic methods of creating an easement are: EXPRESS GRANT or RESERVATION, IMPLICATION, and PRESCRIPTION.
A _________ is generally required to create an EASEMENT.

EXCEPTIONS:

(1) Less than 1 _______;

(2) Implication

(3) Necessity

(4) Prescription
A WRITING is generally required to create an EASEMENT.

EXCEPTIONS:

(1) Less than 1 year;

(2) Implication

(3) Necessity

(4) Prescription
EASEMENT IMPLIED FROM EXISTING USE ("QUASI-EASEMENT")---

An easement may be implied if:

(1) PRIOR TO THE ________ of a single tract,

(2) An APPARENT and _________ use exists on the "servient" part,

(3) That is __________ NECESSARY for the enjoyment of the "dominant" part, and

(4) The court determines that the parties _________ the use to continue after division of the land.
An easement may be implied if:

(1) PRIOR TO THE DIVISION of a single tract,

(2) An APPARENT and CONTINUOUS use exists on the "servient" part,

(3) That is REASONABLY NECESSARY for the enjoyment of the "dominant" part, and

(4) The court determines that the parties INTENDED the use to continue after division of the land.
EASEMENT IMPLIED W/O ANY EXISTING USE---

(1) Subdivision Plat

(2) Profit a Prende
EASEMENT IMPLIED W/O ANY EXISTING USE---

(1) Subdivision Plat--->When lots are sold, buyers have implied easements to use the streets to get to lots.

(2) Profit a Prende--->Holder has an implied easement to pass over the surface of the land and to use it as reasonably necessary to take product.
EASEMENT BY NECESSITY

Arises when landowner sells a portion of his tract, __________ one lot of access to a public road.

Owner of ________ parcel has right to LOCATE the easement.
Arises when landowner sells a portion of his tract, DEPRIVING one lot of access to a public road.

Owner of SERVIENT parcel has right to LOCATE the easement.
This is a WRITTEN PROMISE to do / NOT do something on the land.
REAL COVENANT: This is a WRITTEN PROMISE to do / NOT do something on the land.

NOTE: Usually found in a DEED!

NOTE: Also called a COVENANT RUNNING W/ THE LAND
What does it mean to say that real covenants RUN W/ THE LAND?
Subsequent owners may ENFORCE or BE BURDENED by the covenants.
DEEDS transfer _________ to an interest in real property.

(1) Must be in __________;

(2) Must be _________ by the GRANTOR; and

(3) Must REASONABLY _________ the PARTIES + LAND.
DEEDS transfer TITLE to an interest in real property.

(1) Must be in WRITING;

(2) Must be SIGNED by the GRANTOR; and

(3) Must REASONABLY IDENTIFY the PARTIES + LAND.
DEEDS--VOID vs. VOIDABLE

Void Deed: Set aside by the court EVEN IF the property has passed to a _______ _______ PURCHASER.

Voidable Deed: Set aside ONLY if the property has NOT passed to a ______ ________ _____________.
DEEDS--VOID vs. VOIDABLE

Void Deed: Set aside by the court EVEN IF the property has passed to a BONA FIDE PURCHASER.

Voidable Deed: Set aside ONLY if the property has NOT passed to a BONA FIDE PURCHASER.
Examples of VOID DEEDS:
Examples of VOID DEEDS:

-Forged

-Were never delivered

-Were obtained by fraud in the factum
Examples of VOIDABLE DEEDS--->
Examples of VOIDABLE DEEDS--->

- Executed by minors

- Obtained through fraud in the inducement / duress / undue influence / mistake
A deed is NOT effective UNLESS it has been ___________ and __________.
A deed is NOT effective UNLESS it has been DELIVERED and ACCEPTED.

NOTE: A deed to a dead person is VOID and conveys NO TITLE.
3 TYPES OF DEEDS TO CONVEY PROPERTY INTERESTS:

(1) ______________

(2) ______________

(3) ______________

The difference between them is the scope of ________ ___________.
3 TYPES OF DEEDS TO CONVEY PROPERTY INTERESTS:

(1) General warranty deed

(2) Special warranty deed

(3) Quitclaim deed

The difference between them is the scope of TITLE ASSURANCE (ie. covenants of title).
QUITCLAIM DEED: This conveys _________ _________ the grantor has.

This means that there are NO COVENANTS OF TITLE.
QUITCLAIM DEED: This conveys WHATEVER INTEREST the grantor has.

This means that there are NO COVENANTS OF TITLE.
Interests that an owner has a right to possess.
POSSESSORY INTERESTS: Interests that an owner has a right to possess.
Rights in the land of another.

These are ____________ interests.
NONPOSSESSORY INTERESTS: Rights in the land of another.

Ex. easements, profits, covenants, and servitudes
JOINT TENANCY

The 4 unities must be present------>What are they?

NOTE: Each tenant has an __________ interest in the whole estate.
JOINT TENANCY

The 4 unities MUST be present:

(1) TIME--Interests vested at the same time

(2) TITLE--Interests acquired from same instrument

(3) INTEREST--Identical interests (same type/duration)

(4) POSSESSION--W/ equal rights to enjoyment

NOTE: Each tenant has an UNDIVIDED interest in the whole estate.
TENANCY BY THE ENTIRETY

This requires the same FOUR UNITIES as a joint tenancy PLUS MARITAL RELATIONSHIP.

Severance is _________! When a T/E is SEVERED, the estate is then converted to a T/C.
Any conveyance to a H + W is PRESUMED to create a T/E.

Severance is LIMITED! When a T/E is SEVERED, it becomes a T/C.
TENANCY IN COMMON

The ONLY unity required is _________.
TENANCY IN COMMON

The ONLY unity required is POSSESSION.
JOINT TENANCY--SEVERANCE

Right of survivorship may be be SEVERED by:

(1) __________ by one joint tenant;

(2) __________ of joint tenants;

(3) __________ of one joint tenant by another;

(4) Simultaneous ________ of joint tenants.
JOINT TENANCY---SEVERANCE

Right of survivorship may be be SEVERED by:

(1) CONVEYANCE by one joint tenant;

(2) AGREEMENT of joint tenants;

(3) MURDER of one joint tenant by another;

(4) Simultaneous DEATH of joint tenants.

NOTE: Termination may also occur by voluntary or involuntary PARTITION!
TENANCY BY THE ENTIRETY---SEVERANCE

Severance in T/E is _________!

T/E estate CANNOT be terminated by INVOLUNTARY ________.

T/E can be terminated ONLY by:

(1) __________ (leaves parties as tenants in common);

(2) __________ agreement;

(3) Execution by _________ _________.
TENANCY BY THE ENTIRETY---SEVERANCE

Severance in T/E is LIMITED!

T/E estate CANNOT be terminated by INVOLUNTARY PARTITION.

T/E can be terminated ONLY by:

(1) DIVORCE (leaves parties as tenants in common);

(2) MUTUAL agreement;

(3) Execution by JOINT CREDITOR.

NOTE: Individual spouse CANNOT convey or encumber!
A tenancy in common may be terminated by __________.

Is there a right of survivorship?
A tenancy in common may be terminated by PARTITION.

There is NO right of survivorship!
TRUST: This is a __________ relationship w/ respect to specific _________ (res) wherein the __________ holds ________ title to the property subject to enforceable __________ rights in a ___________.
TRUST: This is a FIDUCIARY relationship w/ respect to specific PROPERTY (res) wherein the TRUSTEE holds LEGAL title to the property subject to enforceable EQUITABLE rights in a BENEFICIARY.
This is the CREATOR of a trust.

---He must _____ the property at the time the trust is created.

---He must have had the ________ to create the trust.
SETTLOR: The creator of a trust.

He must OWN the property at the time the trust is created.

He must have had the INTENT to create the trust.
This is a trust created by will.
TESTAMENTARY TRUST: A trust created by will.
All trusts of REAL PROPERTY must be ___________.
All trusts of REAL PROPERTY must be IN WRITING.
CHARITABLE TRUSTS

The rules governing these differ from those applicable to private trusts in 3 ways:

(1) Must have __________ BENEFICIARIES;

(2) May be __________ (the Rule Against Perpetuities does NOT apply); and

(3) _____ ______ DOCTRINE applies (allows court to select an alternative charity when settlor's purpose becomes impractical / impossible).
CHARITABLE TRUSTS

The rules governing these differ from those applicable to private trusts in 3 ways:

(1) Must have INDEFINITE BENEFICIARIES;

(2) May be PERPETUAL (the Rule Against Perpetuities does NOT apply); and

(3) CY PRES DOCTRINE applies (allows court to select an alternative charity when settlor's purpose becomes impractical / impossible).
CY PRES DOCTRINE: Allows a court to select an alternative charity when the ________ of the settlor becomes ___________ or ____________.
CY PRES DOCTRINE: Allows a court to select an alternative charity when the PURPOSE of the settlor becomes IMPRACTICAL or IMPOSSIBLE.
What is this rule called?

No interest in property is valid UNLESS it must vest (IF AT ALL) not later than 21 YEARS AFTER SOME LIFE IN BEING at the creation of the interest.

REPHRASE: If there is ANY POSSIBILITY the interest might vest more than 21 years after a life in being, the interest is void.
RULE AGAINST PERPETUITIES--->

No interest in property is valid UNLESS it must vest (IF AT ALL) not later than 21 YEARS AFTER SOME LIFE IN BEING at the creation of the interest.

REPHRASE: If there is ANY POSSIBILITY the interest might vest more than 21 years after a life in being, the interest is void.
CONCURRENT ESTATES

An estate in land can be held concurrently by several persons.

Each has the right to _________ and __________ of the land.
CONCURRENT ESTATES

An estate in land can be held concurrently by several persons.

Each has the right to POSSESSION and ENJOYMENT of the land.
JOINT TENANCY

A unique feature of the J/T is the RIGHT OF SURVIVORSHIP.

What does this mean?
RIGHT OF SURVIVORSHIP: When one joint tenant dies, the property is FREED from her concurrent interest.

Surviving co-tenant has a right to the whole estate.

ie. The survivors of the deceased tenant do NOT succeed to it!
JOINT TENANCY

All interests in a joint tenancy must be _______ ________.

Example--->
JOINT TENANCY

All interests in a joint tenancy must be EQUAL SHARES.

Example--->If there are three joint tenants, they each own an undivided one-third interest.
TENANCY IN COMMON

Equal shares are PRESUMED, but are NOT required!

Example--->
TENANCY IN COMMON

Equal shares are PRESUMED, but are NOT required!

Example--->In a tenancy in common held by three parties, one tenant may own a two-thirds undivided interest while each of the other two tenants holds an undivided one-sixth share.
Modern law requires a clear ________ of right of survivorship.

OTHERWISE, a conveyance to two or more persons is __________ to be a T/C.
Modern law requires a clear EXPRESSION of right of survivorship.

OTHERWISE, a conveyance to two or more persons is PRESUMED to be a T/C.
In a tenancy in common, equal shares are ___________, but are NOT ___________.
In a tenancy in common, equal shares are PRESUMED, but are NOT REQUIRED.
RIGHTS OF CO-TENANTS (POSSESSION)

Right to possess ____ portions of the property.

However, no right to __________ possession of any part.
RIGHTS OF CO-TENANTS (POSSESSION)

Right to possess ALL portions of the property.

However, no right to EXCLUSIVE possession of any part.
RIGHTS OF CO-TENANTS (POSSESSION)

Co-tenant out of possession CANNOT bring possessory action UNLESS she is _______.
RIGHTS OF CO-TENANTS (POSSESSION)

Co-tenant out of possession CANNOT bring possessory action UNLESS she is OUSTED.
What does it mean to be OUSTED?

Another co-tenant claims right to __________ ___________.
What does it mean to be OUSTED?

Another co-tenant claims right to EXCLUSIVE POSSESSION.
RIGHTS AND DUTIES OF CO-TENANTS--RENTS AND PROFITS

In most states, a co-tenant in _________ has the right to retain profits from her _____ ______ of the property.

What does THIS mean?
RIGHTS AND DUTIES OF CO-TENANTS--RENTS AND PROFITS

In most states, a co-tenant in POSSESSION has the right to retain profits from her OWN USE of the property.

ie. She need NOT share profits w/ other co-tenants absent ouster or an agreement to the contrary.

HOWEVER, she must share rents from third parties and profits gained from exploitations of land.
RIGHTS AND DUTIES OF CO-TENANTS--EFFECT OF ONE CONCURRENT OWNER'S ENCUMBERING THE PROPERTY

A joint tenant or tenant in common may encumber her interest (eg. by mortgage or judgment lien), but may NOT encumber the interests of other co-tenants.

Example-->
If one tenant in common mortgages her interest, the mortgagee can foreclose ONLY on the mortgaging co-tenant's interest.
REMEDY OF PARTITION

A co-tenant has a right to judicial partition, either IN KIND (physical division of land among co-tenants) or by sale and division of proceeds.

When is this right valid?
REMEDY OF PARTITION

A co-tenant has a right to judicial partition, either IN KIND (physical division of land among co-tenants) or by sale and division of proceeds.

When is this right valid?-->

In general, this right may be exercised at any time.

However, restraints on partition are valid, so long as limited to a REASONABLE TIME.
EXPENSES FOR PRESERVATION OF PROPERTY--CONTRIBUTION

List the 3 situations--->
EXPENSES FOR PRESERVATION OF PROPERTY--CONTRIBUTION

List the 3 situations:

(1) REPAIRS

(2) IMPROVEMENTS

(3) TAXES + MORTGAGES
CONTRIBUTION BY CO-TENANTS FOR REPAIRS

A co-tenant who pays more than her pro rata share of NECESSARY repairs is entitled to contribution from the other co-tenants SO LONG AS...
CONTRIBUTION BY CO-TENANTS FOR REPAIRS

A co-tenant who pays more than her pro rata share of NECESSARY repairs is entitled to contribution from the other co-tenants SO LONG AS she has NOTIFIED the other co-tenants of the need for repairs.
CONTRIBUTION BY CO-TENANTS FOR IMPROVEMENTS

There is ____ right of contribution for cost of improvements UNLESS there is a _________.
CONTRIBUTION BY CO-TENANTS FOR IMPROVEMENTS

There is NO right of contribution for cost of improvements UNLESS there is a PARTITION.
CONTRIBUTION BY CO-TENANTS FOR TAXES / MORTGAGE

Co-tenant may demand contribution for taxes paid on the entire property.

However, reimbursement to co-tenant IN SOLE POSSESSION is LIMITED to:
CONTRIBUTION BY CO-TENANTS FOR TAXES / MORTGAGE

Co-tenant may demand contribution for taxes paid on the entire property.

However, reimbursement to co-tenant IN SOLE POSSESSION is LIMITED to the extent that expenditures exceed the rental value of her use.
Identify the following--->

Each co-tenant has an undivided interest in the whole estate.

Surviving co-tenant has right to the whole estate (right of survivorship).
JOINT TENANCY

Each co-tenant has an undivided interest in the whole estate.

Surviving co-tenant has right to the whole estate (right of survivorship).
Identify the following--->

H + W each has an undivided interest in the whole estate.

Each spouse has right of survivorship (ie. surviving co-tenant has right to the whole estate).
This is a TENANCY BY THE ENTIRETY.
Identify the following--->

Each tenant has a distinct, proportionate, undivided interest in the property.

There is no right of survivorship.
This is a TENANCY IN COMMON.
Which interests in land are subject to PARTITION?

(1) JOINT TENANCY?

(2) TENANCY BY ENTIRETY?

(3) TENANCY IN COMMON?
Which interests in land are subject to PARTITION?

(1) JOINT TENANCY?
--->Yes, it can be terminated by voluntary OR involuntary partition.

(2) TENANCY BY ENTIRETY?
--->NO, it CANNOT be terminated by involuntary partition.

(3) TENANCY IN COMMON?
--->Yes, it can be terminated by partition.
This is an estate in land under which the tenant has a ________ _________ interest in the leased premises and the _________ has a _________ __________ (reversion).
LEASEHOLD: This is an ESTATE IN LAND under which the tenant has a PRESENT POSSESSORY interest in the leased premises and the LANDLORD has a FUTURE INTEREST (reversion).
List 4 leasehold estates--->
(1) Tenancy for years

(2) Periodic tenancies

(3) Tenancies at will

(4) Tenancies at sufferance
What type of tenancy continues for a FIXED time period?
TENANCY FOR YEARS - continues for a FIXED time period

(eg. A rents to B for 2 years)

Usually created by a WRITTEN LEASE.

Under the Statute of Frauds, a writing is required if the lease is for MORE THAN ONE YEAR!
The landlord reserves a _______ of ________ which allows him to terminate the lease if the tenant breaches any of the lease's covenants.
The landlord reserves a RIGHT of ENTRY which allows him to terminate the lease if the tenant breaches any of the lease's covenants.

ie. Failure to pay rent

ie. Surrender
This type of tenancy continues for successive periods (ie. month to month) until terminated by either party giving proper notice.
PERIODIC TENANCY: Continues for successive periods (eg. month to month) until terminated by either party giving proper notice.
A TENANCY _____ _____ is terminable at the will of either landlord / tenant.

This is a tenancy of no stated _________ that lasts as long as both parties ________.
A TENANCY AT WILL is terminable at the will of either landlord / tenant.


This is a tenancy of no stated DURATION that lasts as long as both parties DESIRE.
A TENANCY AT SUFFERANCE arises when a tenant _________ remains in __________ after the expiration of a lawful tenancy.
A TENANCY AT SUFFERANCE arises when a tenant WRONGFULLY remains in POSSESSION after the expiration of a lawful tenancy.
Leasehold that terminates at the end of stated period w/o either party giving notice.
TENANCY FOR YEARS: Leasehold that terminates at the end of stated period w/o either party giving notice.
Name the type of leasehold--->

Terminates by notice from one party at least equal to the length of the time period (e.g. one full month, for a month-to-month tenancy).
PERIODIC TENANCY: This terminates by notice from one party at least equal to the length of the time period

EXCEPTION: Only 6 months' notice is required to terminate a year-to-year tenancy.
Name the type of leasehold--->

Usually terminates after one party displays an intention that the tenancy should come to an end.

May also end by operation of law (eg. death of a party, attempt to transfer interest).
TENANCY AT WILL: This usually terminates after one party displays an intention that the tenancy should come to an end. It may also end by operation of law (eg. death of a party, attempt to transfer interest).
Leasehold that terminates when landlord evicts tenant or elects to hold tenant to another term.
TENANCY AT SUFFERANCE: Leasehold that terminates when landlord evicts tenant or elects to hold tenant to another term.
The Hold-Over Doctrine:
The Hold-Over Doctrine:

If a tenant continues in possession after his right to possession has ended, the landlord may:

(1) EVICT him, or

(2) Bind him to a NEW PERIODIC TENANCY.

EXCEPTIONS--->

-ONLY A FEW HOURS

-NOT THE TENANT'S FAULT (ie. severe illness)

-SEASONAL LEASE
K that governs landlord-tenant relationship.
LEASE: K that governs landlord-tenant relationship.
TENANT DUTIES--->
TENANT DUTIES--->

(1) DUTY TO REPAIR

(2) DUTY TO NOT USE PREMISES FOR ILLEGAL PURPOSE

(3) DUTY TO PAY RENT
DOCTRINE OF WASTE: A tenant cannot _______ (ie. commit waste on) the leased premises.
DOCTRINE OF WASTE: A tenant cannot DAMAGE (ie. commit waste on) the leased premises.
This results when the tenant intentionally or negligently damages the premises or exploits minerals on property.
VOLUNTARY (AFFIRMATIVE) WASTE: This results when the tenant intentionally or negligently damages the premises or exploits minerals on property.
Occurs when the tenant fails to take reasonable steps to protect premises from damage from the elements.

Tenant is liable for all ________ repairs, excluding ordinary ________ and ______.
PERMISSIVE WASTE: Occurs when tenant fails to take reasonable steps to protect premises from damage from the elements.

Tenant is liable for all ORDINARY repairs, excluding ordinary WEAR and TEAR.
This occurs when the tenant alters the leased property, thereby increasing its value.
AMELIORATIVE WASTE: This occurs when the tenant alters the leased property, thereby increasing its value.

-Tenant is liable for the cost of restoration. EXCEPTION: A long-term tenant is permitted to make this type of change if it reflects changes in the neighborhood.
LANDLORD REMEDIES

Tenant on premises but fails to pay rent---?

Tenant abandons---?
LANDLORD REMEDIES

Tenant on premises but fails to pay rent---? EVICT OR SUE FOR RENT

Tenant abandons---? DO NOTHING OR REPOSSESS
TRUE OR FALSE?

In general, a landlord has a duty to repair and maintain the premises.
FALSE!!!

In general, a landlord has NO DUTY TO REPAIR OR MAINTAIN the premises.
FIXTURE: This is a _________ that has been so _________ to land that it has ceased being _________ property and has become part of the realty.

NOTE: A fixture passes w/ ___________ of the land.
FIXTURE: This is a CHATTEL that has been so AFFIXED to land that it has ceased being PERSONAL property and has become part of the realty.

NOTE: A fixture passes w/ OWNERSHIP of the land.
EASEMENT APPURTENANT

________ the HOLDER in his physical use / enjoyment of another tract of land.

Thus, there must be 2 TRACTS:

(1) DOMINANT tenement (estate benefitted by the easement); and the

(2) SERVIENT tenement (estate subject to the easement right).
EASEMENT APPURTENANT

BENEFITS the HOLDER in his physical use / enjoyment of another tract of land.

Thus, there must be 2 TRACTS:

(1) DOMINANT tenement (estate benefitted by the easement); and the

(2) SERVIENT tenement (the estate subject to the easement right).
Does an easement appurtenant pass w/ transfer of benefitted land?

Does it have to be mentioned in the conveyance?

Does it pass with servient estate, too?
Yes, an easement appurtenant passes w/ transfer of benefitted land.

No, an easement appurtenant need NOT be mentioned in the conveyance of benefitted land.

Yes, the burden of the easement also passes automatically w/ servient estate - UNLESS new owner is a BFP w/ no actual/constructive notice of the easement.
EASEMENT IN GROSS

Holder has right to use servient tenement ___________ OF his possession of another tract of land (ie. the easement benefits the holder rather than another parcel).
EASEMENT IN GROSS

Holder has right to use servient tenement INDEPENDENT OF his possession of another tract of land (ie. easement benefits holder rather than another parcel).

NOTE: An easement in gross for holder's personal pleasure is NOT transferable!
ZONING RESTRICTIONS

Zoning restrictions do _____ affect MARKETABILITY.

However, an ____________ VIOLATION of a zoning ordinance DOES render title unmarketable.
ZONING RESTRICTIONS

Zoning restrictions do NOT affect MARKETABILITY.

However, an EXISTING VIOLATION of a zoning ordinance DOES render title unmarketable.
A beneficial easement, if ________ or ________ to the buyer, does NOT impair the marketability of title.
A beneficial easement, if VISIBLE or KNOWN to the buyer, does NOT impair the marketability of title.
TENDER OF PERFORMANCE

The buyer's obligation to pay and the seller's obligation to convey are __________ ___________.

Thus, neither party is in breach until the other tenders performance (even if the closing date passes).
TENDER OF PERFORMANCE

The buyer's obligation to pay and the seller's obligation to convey are CONCURRENT CONDITIONS.

Thus, neither party is in breach until the other tenders performance (even if the closing date passes).
SELLER'S LIABILITY FOR DEFECTIVE PRODUCTS

Warranty of Fitness / Quality---New ____________ ONLY
SELLER'S LIABILITY FOR DEFECTIVE PRODUCTS

Warranty of Fitness / Quality---New Construction ONLY
SELLER'S LIABILITIES FOR DEFECTIVE PRODUCTS

Sale of Existing Land and Buildings--Liability for Defects

The seller of existing buildings may be liable to the purchaser for defects on any of several different theories--->
(1) MISREPRESENTATION (FRAUD)

(2) ACTIVE CONCEALMENT

(3) FAILURE TO DISCLOSE
MISREPRESENTATION (FRAUD)

Seller is liable for _______ about which he KNOWINGLY or __________ made a false statement of fact to the buyer if the buyer _______ on the statement and it ___________ AFFECTED the value of the property.
MISREPRESENTATION (FRAUD)

Seller is liable for DEFECTS about which he KNOWINGLY or NEGLIGENTLY made a false statement of fact to the buyer if the buyer RELIED on the statement and it MATERIALLY AFFECTED the value of the property.
ACTIVE CONCEALMENT

Seller will be liable for defects, even _________ making ANY ___________, if he took steps to _________ THE DEFECTS.
ACTIVE CONCEALMENT

Seller will be liable for defects, even WITHOUT making ANY STATEMENTS, if he took steps to CONCEAL THE DEFECTS.
FAILURE TO DISCLOSE

Most states hold a seller liable for failure to disclose defects if:

(1) He _______ or has reason to know of the defect;

(2) The defect is NOT __________, and the seller knows the buyer is unlikely to discover it upon __________ inspection; and

(3) The defect is __________ and would probably cause the buyer to _________ the purchase if _________.
FAILURE TO DISCLOSE

Most states hold a seller liable for failure to disclose defects if:

(1) He KNOWS or has reason to know of the defect;

(2) The defect is NOT APPARENT, and the seller knows the buyer is unlikely to discover it upon ORDINARY inspection; and

(3) The defect is SERIOUS and would probably cause the buyer to RECONSIDER the purchase if KNOWN.
TRUE OR FALSE?

A general disclaimer in a sales K is NOT sufficient to overcome seller's liability for fraud / concealment / failure to disclose.
TRUE!

A general disclaimer in a sales K is NOT sufficient to overcome seller's liability for fraud / concealment / failure to disclose.

HOWEVER, if the disclaimer identifies specific types of defects, it will likely be upheld.

Ex. Seller is not liable for any defects in the roof
????RECORDING--NOTICE STATUTES

The subsequent _____ _______ PURCHASER is protected ________ of whether she records at all.
RECORDING--NOTICE STATUTES

The subsequent BONA FIDE PURCHASER is protected REGARDLESS of whether she records at all.
RECORDING--RACE-NOTICE STATUTES

A subsequent BONA FIDE PURCHASER is protected _______ if she takes w/o __________ AND records _______ the prior grantee.
RECORDING--RACE-NOTICE STATUTES

A subsequent BONA FIDE PURCHASER is protected ONLY if she takes w/o NOTICE AND records BEFORE the prior grantee.
RECORDING--RACE STATUTES

Under a pure race statute, ______ records ______ wins. Notice is __________.
RECORDING--RACE STATUTES

Under a pure race statute, WHOEVER records FIRST wins. Notice is IRRELEVANT.

NOTE: Only TWO states have such statutes.
RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof, UNLESS it is recorded.
NOTICE STATUTE: No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof, UNLESS it is recorded.
???RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance / mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.
RACE STATUTE: No conveyance / mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.
RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance / mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof whose conveyance is first recorded.
RACE-NOTICE STATUTE: No conveyance / mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof whose conveyance is first recorded.
To be a BONA FIDE PURCHASER, a person MUST be a:

(1) PURCHASER;

(2) W/O _________(actual/constructive); and

(3) PAY VALUABLE ______________.
To be a BONA FIDE PURCHASER, a person MUST be a:

(1) PURCHASER;

(2) W/O NOTICE (actual/constructive); and

(3) PAY VALUABLE CONSIDERATION.
This occurs when:

(1) Property is specifically devised / bequeathed in testator's will; and

(2) Testator no longer owns it at the time of death.
ADEMPTION:

This occurs when:

(1) Property is specifically devised / bequeathed in testator's will; and

(2) Testator no longer owns it at the time of death.
LAPSE: Occurs when the __________ of a gift in a will DIES ______ THE TESTATOR.

If a lapse occurred, the gift was ______ at COMMON LAW.

However, nearly all states now have statutes that prevent lapse by permitting the gift to pass to the predeceasing beneficiary's living _________ under certain circumstances.
LAPSE: Occurs when the BENEFICIARY of a gift in a will DIES BEFORE THE TESTATOR.

If a lapse occurred, the gift was VOID at COMMON LAW.

However, nearly all states now have statutes that prevent lapse by permitting the gift to pass to the predeceasing beneficiary's living DESCENDANTS under certain circumstances.
This is land invaded by a TANGIBLE physical object.
TRESPASS: This is land invaded by a TANGIBLE physical object.
This is land invaded by INTANGIBLES such as odor and noise.
PRIVATE NUISANCE: This is land invaded by INTANGIBLES such as odor and noise.
This is land repeatedly invaded by a trespasser.
CONTINUING TRESPASS: This is land repeatedly invaded by a trespasser.
RIGHT TO EXCLUDE--REMEDIES OF POSSESSOR

The possessor of real property has the right to _______ others.

His remedies for invasions include actions for:

(1) Action for TRESPASS

(2) Action for PRIVATE NUISANCE

(3) Action for CONTINUING TRESPASS

(4) Action for EJECTMENT or UNLAWFUL DETAINER
RIGHT TO EXCLUDE--REMEDIES OF POSSESSOR

The possessor of real property has the right to EXCLUDE others.

His remedies for invasions include actions for:

(1) Action for TRESPASS

(2) Action for PRIVATE NUISANCE

(3) Action for CONTINUING TRESPASS

(4) Action for EJECTMENT or UNLAWFUL DETAINER
This is where each owner owns the ________ of his individual unit plus an _________ interest in the EXTERIOR and _________ areas.
CONDOMINIUM: This is where each owner owns the INTERIOR of his individual unit plus an UNDIVIDED interest in the EXTERIOR and COMMON areas.
ZONING--->

States may enact statutes to reasonably control the use of land to protect:

(1) ______________;

(2) ______________;

(3) ______________; and

(4) _______________ of its citizens.
ZONING--->

States may enact statutes to reasonably control the use of land to protect:

(1) HEALTH;

(2) SAFETY;

(3) MORALS; and

(4) WELFARE of its citizens.
???A _______ USE PERMIT is one that must be obtained even though the zoning is proper for the intended use.
A SPECIAL USE PERMIT is one that must be obtained even though the zoning is proper for the intended use.
A ________ is a departure from the restrictions of a zoning ordinance granted by administrative action.
A VARIANCE is a departure from the restrictions of a zoning ordinance granted by administrative action.
- Promises by grantor in a deed

- In regard to title he is conveying
COVENANTS OF TITLE:

- Promises by grantor in a deed

- In regard to title he is conveying
COVENANTS OF TITLE - WHAT TYPE?

Breached at time of conveyance, if at all
COVENANTS OF TITLE - WHAT TYPE?

PRESENT COVENANTS: Breached at time of conveyance, if at all
PRESENT COVENANTS (OF TITLE)

(1) ____________________

(2) ____________________

(3) ____________________
PRESENT COVENANTS (OF TITLE)

(1) Covenant of seisin

(2) Covenant of right to convey

(3) Covenant against encumbrances

PNEUMONIC: Six Red Ants Eat
COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that he has title to + possession (ie. he is owner)
COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF SEISIN: Grantor warrants that he has title to + possession (ie. he is owner)
COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that he has right to convey
COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF RIGHT TO CONVEY: Grantor warrants that he has right to convey
COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that there are no liens / mortgages / easements / or other interests in 3rd parties EXCEPT those listed in deed
COVENANTS OF TITLE - WHAT TYPE?

COVENANT AGAINST ENCUMBRANCES: Grantor warrants that there are no liens / mortgages / easements / or other interests in 3rd parties EXCEPT those listed in deed
COVENANTS OF TITLE - WHAT TYPE?

- Grantor warrants that grantee + his successors will not be disturbed in their possession of property

- By grantor or someone w/ claim of title superior to his own
COVENANT OF QUIET ENJOYMENT:

- Grantor warrants that grantee + his successors will not be disturbed in their possession of property

- By grantor or someone w/ claim of title superior to his own
COVENANTS OF TITLE - WHAT TYPE?

Grantor guarantees that his title is good and that he will assist in defending that title against claims by 3rd parties
COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF WARRANTY: Grantor guarantees that his title is good and that he will assist in defending that title against claims by 3rd parties
COVENANTS OF TITLE - WHAT TYPE?

Grantor promises that he will perfect any defects in title
COVENANTS OF TITLE - WHAT TYPE?

COVENANT FOR FURTHER ASSURANCES: Grantor promises that he will perfect any defects in title
FUTURE COVENANTS (OF TITLE)

(1) ______________________

(2) ______________________

(3) ______________________
FUTURE COVENANTS (OF TITLE)

(1) Covenant of quiet enjoyment

(2) Covenant of warranty

(3) Covenant for further assurances
- Contains no covenants of title

- Conveys to grantee whatever grantor has

- Makes no representations / promises as to grantor's title
QUITCLAIM DEED:

- Contains no covenants of title

- Conveys to grantee whatever grantor has

- Makes no representations / promises as to grantor's title
- Contains all present + future covenants of title (except covenant for further assurances)

- Makes grantor liable for defects attributable to BOTH himself + his predecessors
GENERAL WARRANTY DEED:

- Contains all present + future covenants of title (except covenant for further assurances)

- Makes grantor liable for defects attributable to BOTH himself + his predecessors
- Contains all present + future covenants (except covenant for further assurances)

- However, grantor is only liable for defects or encumbrances incurred during his ownership

- Grantor not liable for any defects attributable to his predecessors
SPECIAL WARRANTY DEED:

- Contains all present + future covenants (except covenant for further assurances)

- However, grantor is only liable for defects or encumbrances incurred during his ownership

- Grantor not liable for any defects attributable to his predecessors
Places risk of loss on buyer once a K for real estate is signed
EQUITABLE CONVERSION: Places risk of loss on buyer once a K for real estate is signed

o Makes buyer the equitable owner between signing + conveyance
Adjudicates right of possession only
UNLAWFUL DETAINER: Adjudicates right of possession only

o Law side - GDC / Circuit Court
Action to separate ownership interests
PARTITION: Action to separate ownership interests

o Equity side - Circuit Court / where land is located
Used to adjudicate title only
BILL TO QUIET TITLE: Used to adjudicate title only

o NOTE: P need not be in possession
Action to try title + to obtain possession of land + for damages
EJECTMENT: Action to try title + to obtain possession of land + for damages

o Law side

o NOTE: P must be out of posession
Places risk of loss on buyer once a K for real estate is signed
EQUITABLE CONVERSION: Places risk of loss on buyer once a K for real estate is signed

o Makes buyer the equitable owner between signing + conveyance
Adjudicates right of possession only
UNLAWFUL DETAINER: Adjudicates right of possession only

o Law side - GDC / Circuit Court
Action to separate ownership interests
PARTITION: Action to separate ownership interests

o Equity side - Circuit Court / where land is located
Used to adjudicate title only
BILL TO QUIET TITLE: Used to adjudicate title only

o NOTE: P need not be in possession
Action to try title + to obtain possession of land + for damages
EJECTMENT: Action to try title + to obtain possession of land + for damages

o Law side

o NOTE: P must be out of posession
False representation + detrimental reliance + damages
FRAUD: False representation + detrimental reliance + damages

o NOTE: Punitive damages are available (must prove intentional fraud)
Possession of a document purporting to convey title
COLOR OF TITLE: Possession of a document purporting to convey title
_______ POSSESSION: The kind of use the true owner would make of a parcel of land.
ACTUAL POSSESSION: The kind of use the true owner would make of a parcel of land.
Covenants for title: Protect the _______ from competing claims for title to property.

NOTE: They do NOT protect against defects on the property.
Covenants for title: Protect the PURCHASER from competing claims for title to property.

NOTE: They do NOT protect against defects on the property.
What type of tenancy?

Each tenant has the right to possess all portions of the property, but no right to exclusive possession of any part.
TENANCY IN COMMON: Each tenant has the right to possess all portions of the property, but no right to exclusive possession of any part.
OUSTER

If one co-tenant wrongfully ousts another co-tenant from possession of the whole or any part of the premises, what is the ousted co-tenant entitled to receive?
If one co-tenant wrongfully ousts another co-tenant from possession of the whole or any part of the premises, the ousted co-tenant is entitled to receive HIS SHARE OF THE FAIR RENTAL VALUE OF THE PROPERTY for the time he was wrongfully deprived of possession.
Any interest in land that decreases its value.
ENCUMBRANCE: Any interest in land that decreases its value.
TRUE/FALSE:

The holder of an easement has a right, even a duty, to make repairs.
TRUE!

The holder of an easement has a right, even a duty, to make repairs.