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66 Cards in this Set
- Front
- Back
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fee tail
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"to A and the heirs of his body"
passes to grantee's lineal blood descendants, no matter what today, just creates a fee simple |
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defeasible fee types
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fee simple determinable
(NY: fee on limitation) fee simple subject to condition subsequent (NY: fee on condition) fee simple subject to executory limitation |
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fee simple determinable
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(NY: fee on limitation)
"to A until..." / "to A so long as..." forfeiture: AUTOMATIC future interest: possibility of a reverter |
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fee simple subject to condition subsequent
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NY: Fee on condition
"But if X.... grantor reserves the right to reenter" future int: right of entry NY: "right of reacquisition" forfeiture: NOT automatic |
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fee simple subject to executory limitation
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"to A, but if X, then to B"
future interest: shifting executory interest forfeiture: AUTOMATIC |
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life estate, future interest
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O has a reversion;
unless 3rd party, then he is a remainderman |
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use of natural resources by life tenant
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prohibited, unless PURGE
Prior Use - (open mines doctrine - can keep using them) R - use resources for reasonable repairs & maintenance G - if Granted the right to do so E - if land only suitable for Exploitation |
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affirmative waste
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must not enhance value, unless ALL future interest holders are known & consent
NY: life tenant may make improvements that are reasonable unless remaindermen object |
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future interests in the grantor
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possibility of reverter (after fee simple determinable)
right of entry (fee simple subject to condition subsequent) NY: "right of reacquisition" reversion - after life estate or any other lesser quantum |
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vested remainders
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indefeasibly vested remainder
vested remainder subject to complete defeasance "To A for life, then to B, but if V dies before 25, to C" ---> B has this vested remainder subject to open "to A for life, then to B's children" |
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Contingent Remainder
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(NY: Remainder subject to condition precedent)
if unborn or unascertained persons or subject to condition precedent |
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Rule of Destructibility of Contingent Remainders
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"O to A for life, then if B has reached 21, to B"
C/L: if B is only 19, B loses Today/NY: O would hold until B turns 21 |
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Rule in Shelly's Case
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"O to A for life, then to A's heirs"
C/L: A gets fee simple Today/NY: abolished. A gets a life estate; heirs get a contingent remainder; O gets a reversion |
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Doctrine of Worthier Title
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"O to A for life, then O's heirs"
C/L: A has a life estate, O has a reversion, O's heirs have nothing NY: abolished; so O's heirs have a contingent remainder |
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Executory Interests
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NY: Remainder subject to condition precedent
Shifting Executory Interest - cuts short someone other than the grantor Springing Executory Interest - cuts short the grantor ("O to A, when A marries") |
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RAP Applies to...
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contingent remainders
executory interests vested remainders subject to open |
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RAP does not apply to
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future interests in O
indefeasibly vested remainders vested remainders subject to complete defeasance |
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RAP exception
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from one charity to another
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RAP Wait & See Reform
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determine the validity of future interest at the *conclusion* of the measuring life
+ cy pres + reduce age contingency to 21 |
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Uniform Statutory RAP
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c/L RAP, plus see if it actually vests in 90 years
+ cy pres + reduce age contingency to 21 |
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NY RAP
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c/L; no wait/see; no cy pres
but reduce to 21 presume woman > 55 cannot have a child |
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Strawmen
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necessary to add a joint tenant
NY: not necessary |
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Joint Tenancy severance
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sale; partition;
mortgage, title theory, minority rule, severs joint tenancy NY: mortgage, lien theory, majority rule, doesn't sever |
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tenancy by the entirety
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neither tenant may unilaterally convey his share
NY: can mortgage one spouse's interest |
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AP Period
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NY: tenancy in common, 20 years
NY: generally, 10 years COAH |
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Holdover tenant
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"tenancy at sufferance"
NY: acceptance of rent creates an implied month to month |
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termination of periodic tenancy
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notice at least equal to the period, unless year to year, then 6 months;
tenancy ends at conclusion of natural lease period; |
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Tenancy at will
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unless expressly at will, regular rent creates a periodic tenancy
NY: If L terminates, must give 30 days |
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Tenant's Liability to 3rd parties
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T is liable to 3rd parties that T *invited*, even where L has expressly promised to make repairs
(seek indemnification) |
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Complete Loss of While tenant
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If T expressly covenants to maintain and there's a loss, at C/L, T is responsible
NY: T may terminate if the premises are destroyed w/o T's fault |
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duty to mitigate
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NY: Nope.
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duty to deliver possession
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majority / "English rule" - L must put T in possession
minority / "American rule" - T only gets legal possession |
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LL's covenant of quiet enjoyment
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residential & commercial
possession won't be disturbed, actually, constructively or by nuisance |
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LL's covenant of habitability
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only residential
must be fit for basic human habitation |
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NY Assignments
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NY: Residential T cannot assign w/o L's written consent; L can unreasonably withhold consent; T must then seek release
T in a residential building ≥ 4 units may sublease w/consent; LL may not unreasonably withhold consent |
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Negative Easments
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Must be expressly created, in writing
LASS: Light Air Support Stream water from artificial flow |
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Easement in Gross
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billboards for beans;
to swim in pond; not transferable unless commercial periods |
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Profits
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entitles its holder to enter the servient land and take the soil, minerals, timbers, oil
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Covenant, for burden to run
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covenant = $$$; equitable servitude = injunction
WITHN Writing Intent by both to run Touch and concern Horizontal and vertical privity (not hostile) Notice |
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Covenant, for benefit to run
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covenant = $$$; equitable servitude = injunction
WITV Writing Intent by both to run Touch and concern Vertical privity, not hostile (no horizontal req) |
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Equitable Servitudes
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covenant = $$$; equitable servitude = injunction
create by WITNES Writing Intent Touch & concern Notice no privity req |
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Adverse Possess & Disabilities
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S.o.L. will not run against owner who is afflicted at THE INCEPTION
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Land K, risk of Loss
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once K is signed, B bears the risk of loss
NY: opposite, risk is on S |
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doctrine of part performance
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if 2/3, then equity will decree specific performance of an oral K
* physical possession * all of part of purchase price * and/or substantial improvements |
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land k, implied promises
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marketable title
no false statements of material fact (NY: ≤ 4 dwellings, must provide disclosure) |
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Delivery of Deed
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delivery does NOT require actual transfer; just need grantor's present intent to be immediately bound
oral condition is void; delivery is accomplished anyway; escrow is permissible |
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quitclaim deed
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no promises - so if any problems post closing, B has no remedy
(but S did promise marketable title at closing) |
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Statutory special warranty deed
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NY: "Bargain and sale deed"
grantor promises that he's copacetic, that *he* hasn't conveyed to anyone else |
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General Warranty Deed, present covenants
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SoL from instant of delivery
covenant of seisin - he owns the estate covenant of right to convey - no temporary restraints on power to sell covenant against encumbrances |
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General Warranty Deed, future covenants
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SoL from when the grantee is disturbed in possession
covenant for quiet enjoyment - grantee will not be disturbed by 3rd party's claim covenant of warranty - will defend grantee against any lawful claim covenant of further assurances - will do what's necessary to perfect |
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NY recording statute
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race-notice
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Shelter Rule
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one who takes from a BFP will prevail against another that the BFP would have prevailed against
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Equitable Mortgage
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you give the deed, but then use parol evidence to show intent to mortgage;
but if creditor sells to a BFP, O's recourse is only to sue the creditor for fraud |
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mortgagor's transfer w/lien on the land
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if B "assumes the mortgage" then B is primarily liable; O is 2ndarily liable
if B takes "subject to the mortgage" only O is personally liable; B has no personal liability; but B's going to get foreclosed on anyway |
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Foreclosure, junior liens
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If surplus, junior liens get paid; if not, they get nothing & extinguished
Junior parties are necessary and must be joined (so must the debtor/mortgagor) If he doesn't get joined, his mortgage isn't extinguished |
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Foreclosure, senior liens
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senior interests remain
the buyer at sale buys "subject to the mortgage", so he's not liable, but the senior bank is still going to foreclose |
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Mortgage priority
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if recorded, then 1st in time, 1st in right
creditor always has 1st priority as to a parcel he financed (purchase money mortgage) |
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clogging
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mortgagor may not waive redemption
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statutory redemption
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period during which you can redeem for price paid at auction
& right to possession during the statutory period NY: nope |
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lateral support
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excavator is liable for adjacent cave-in, if he acted negligently
no S/L unless P shows that, b/c of D's actions, P's land would have collapsed in its natural state - that P's improvements played no contributory role |
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riparian doctrine
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riparians may make reasonable use of water, for natural purposes
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prior appropriation doctrine
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water rights by priority of individual use - 1st in time, 1st in right, even for agricultural use
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common enemy rule
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landowner may change drainage or make improvements to combat the flow of surface water
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nuisance
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substantial and unreasonable interference w/another's use of land
including odors and noise |
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non-conforming use
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a once lawful use, now non-conforming
cannot be eliminated all at once w/o just compensation |
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unconst exactions
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e.g. to build, you must make new streetlights
must be reasonably related both in nature & scope to the proposed development |
