Mbe Real Property Skills

Front 1

Future Interests- Rule Against Perpetuities

Back 1

Not common (2 to 3 questions). Common distract or answer. Limits conditions you can put on transfer property interest.

Front 2

Interests not Subject to RAP

Back 2

Restricts grantors. Includes interests held by grantor (REVERSION, POSSIBILITY OF REVERTER, RIGHT OF ENTRY) & VESTED INTEREST (VESTED REMAINDERS SUBJECT TO OPEN).

Front 3

Under RAP Interests

Back 3

ANY POSSIBILITY THAT NON-REVERSIONARU FUTURE INTEREST MIGHT VEST MORE THAN 21 YEARS AFTER DEATH OF LIVES IN BEING PRESENT AT CREATION OF INTEREST, THEN VOID. VOID INTEREST = NEVER CREATED.

Front 4

Commonly Tested RAPS - Purpose Limitations

Back 4

Rule Violation - PROVISIONS REQUIRING TITLE TRANSFER, INCLUD. TO 3RD PARTIES WHEN PROP. STOPS BEING USED FOR CERTAIN PURPOSES --> POSSIBILITY OF VESTMENT OF SUBSEQUENT INTEREST OUTSIDE OF RULE PERIOD.

Front 5

Commonly Tested RAPS -- AFTER BORN CHILD

Back 5

Conceived before father's dearh, but born after, is LIFE IN BEING.

Front 6

Commonly Tested -- Age Contingency Beyond Age 21 in Open Class

Back 6

Rule Violation -- Anytime beneficiary attain age greater than 21 in order to take.

Front 7

Commonly Tested -- Fertile Octogenarian

Back 7

Every woman capable of bearing children -- Vested remainder subject to open available to those kids ABSENT OF EVIDENCE OF INFERTILITY and subject RAP.

Front 8

Commonly Tested -- Unborn Widows

Back 8

Interest to living person's widow, NO GUARANTEE LIVING PERSON MARRIED AT DEATH TO PERSON ALIVE AT THE CREATION OF INTEREST --> NO LIFE IN BEING. --> NO CONTINGENT REMAINDERS IN KIDS. --> EVEN IF UNLIKELY, MARRY SOMEONE NOT BORN AT INTEREST CREATION.

Hint 8

Capable of robbing cradle.

Front 9

Assignments and Delegations

Back 9

Assign right to receive. Delegate duty to do. RIGHTS & DUTIES INEFFECTIVE ONLY IF K SAYS SO.

Front 10

Rental Properties -- Landlord/Tenant -- Duties

Back 10

Tenant main duty TO PAY RENT. FAILS TO PAY, LANDLORD CAN SUE FOR RENT DUE&/MAY EVICT TENANT.

Tenant Abandonment-- LANDLORD MITIGATE DAMAGES BY SEEKING RELET PREMISES.

Front 11

Duty of Landlord

Back 11

Depends on lease. Common for all --IMPLIED COVENANT OF QUIET ENJOYMENT will INTERFERE W/ TENANT'S POSSESSION & QUIET ENJOYMENT IF PREMISES. Common for residential leases -- IMPLIED WARRANTY OF HABITABILITY --> Requires property to be suitable for human occupancy & usually tied to housing codes.

Hint 11

Lease dependent, implied warranties of quiet enjoyment and habitability.

Front 12

Fixtures and Tenants

Back 12

Fixtures -- Items physically attached to property in way that loses on identity OR removal cause considerable damage to property (i.e. furnace). TENANT NO INTENT TO IMPROVE PROPERTY PERMANENTLY SO ITEMS NOT FIXTURES, REMOVE AS LONG NOT CAUSE CONSIDERABLE DAMAGE.

Hint 12

Items physically attached to prop that loses id or their removal damage.

Front 13

Assignments and Sublets

Back 13

TENANT CAN ASSIGNS ALL OR SUBLETS SOME of HER RIGHTS. Assignment -- NEW ASSUME ALL WHERE stays for rest of term and org. not plan to move back in.

Sublet -- NEW SUBLETS SOME WHERE stays for a shorter term and org. plans to.move back in.

Hint 13

ASSIGN ALL, SUBLET SOME

Front 14

Liabilities of L v. Org. Of A & S

Back 14

ORG. LIABLE TO L AS PRIVITY IN K --> RELATIONSHIP based on K, lease --> Landlord sue Org. For UNPAID RENT AND WIN.

Hint 14

Liability due to privity in K.

Front 15

Liabilities of L v. New for A & S

Back 15

ASSIGNMENT -- NEW NOT liable to L bc NO PRIVITY IN ESTATE ( relationship based on land) NOR PRIVITY IN K. LANDLORD LOSE IF SUE SUBTENANT FOR UNPAID DEBT --> STILL GET FROM ORG. --> IND. LEASE?: LANDLORD SUE NEW TENANT OK.

Hint 15

Privity in Estate

Front 16

Org. v. New -- Assignment or Sublease

Back 16

NOT MATTER WHICH, NEW T LIABLE ORG. bc PRIVITY IN K (sublease OR assigment lease K). ORIG. sues NEW for UNPAID RENT, ORIG. WIN, ESPECIALLY SUCCESSFULLY SUED BY L & HAD TO PAY RENT.

Front 17

Release and Novation

Back 17

NEVER RELEASE OF DUTY TO PAY FROM NEW BY ORG. Novation: Name of K between 3 parties in which one party sub for another and sub for party released by liability.