Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/31

Click to flip

31 Cards in this Set

  • Front
  • Back

Boomer v. Atlantic Cement (Cement case)

Permanent damages, rather than an injunction, are appropriate when the damages resulting from a nuisance are significantly less than the economic benefit derived from the party causing the harm.

Elements of inter vivos Gifts

1) intent 2) Delivery 3) Acceptance

Gift Causa Mortis

Gift intended to be given after death. Contingent on donor dying.

Newman v. Bost (Housekeeper gifts)

In order to effect a gift, whether causa mortis or inter vivos, the items must be physically delivered to the donee where possible.
Popov v. Hayashi (Bonds baseball case)
When a person completes a significant portion of the steps to achieve possession of an item, but is thwarted due to the unlawful conduct of another, that person is entitled to a pre-possessory interest of the item.

Johnson v. M’Intosh (Native american land)

Right of discovery gives you the right to perfect the title through possession

First in time = possession
INS v. AP (news case)
AP has the right to exclude others from improperly using the information for a reasonable amount of time (until news in no longer valuable

Present Estate (4 kinds)

1. Fee Simple Absolute 2. Fee tail 3. Defeasible fees 4. Life Estates

Fee Simple Absolute

Strongest form of ownership. No future interest.


Language "To A." or "To A and his heir" Living people have no heirs.

Defeasible Fees (3 kinds)

1. Fee Simple Determinable 2. Fee Simple Subject to condition subsequent. 3. Fee simple subject to executory limitation.

Fee Simple Determinable

Interest in land that ends when certain event happens.


Language "To A... "for so long as" "As long as" "During" "Until" (Devisable, Descendible, Alienable but always subject to condition) Future interest is in possibility of reverter (goes back to giver) Only in this one!!!

Fee Simple Subject to Condition Subsequent

Like Fee Simple Determinable but the grantor must also take land back.


Language "To A, but if ____ occurs grantor reserves right to re-enter


Devisable. Descendible, Alienable but subject to the condition and if grantor takes back land.


Right of Entry is created.

Fee Simple Subject to Executory Limitation

Interest in land where if a certain event happens the interest automatically ends and will be transferred to someone else. Transferred to a 3rd party if event occurs.


Language "To A, but if ___ occurs then to B." DDA


Future interest is the shifting executory interest in 3rd party

Defeasible fees and language

Remember the language must be clear and durational. Intent does not equal defeasable fee. Some examples of how they may trick you- this language does not create a DF. Ex. "hope, purpose, intention or expectation" Remember to look for these.

Life Estate

interest in land that last only as long as the life of the grantee. Can be as long as the life of another (Pur Autre Vie)


Language "To A for life" or T"o A for life of B"


DDA as long as measuring life is still alive.


Life tenants must not commit waste since it is temporary.



3 types of waste

Voluntary waste, Permissive Waste, Ameliorative Waste

Voluntary Waste

Overt conduct that causes a decrease in value.


Must not deplete natural resources unless ORGE


Open mind already in use. Repairs using natural resources. Grant giving permission. Eploitation is the regular use of the land is exploit natural resources.

Permissive Waste

Land falls into disrepair. Tenant must keep it in good repair, and pay interest or mortgage on land.

Ameliorative Waste

must not improve land unless future land owners are known and give permission.

Future interest of grantor

1) Possibility of reverter(FSD) 2) right of entry (FSSCS) 3) Reversion (Life Estate or term of years, always a lessor estate)

Future interest of Transferee

1. Vested Remainder 2. Contingent Remainder 3. Executory interest.

Remainder

3rd party interest in an estate



Vested Remainder

ascertained person and no condition precedent (nothing in the way)

Contingent remainder

Either A) 3rd person is not know or B) subject to condiction precedent

3 types of Vested Remainders

1) Indefeasibly 2) Subject to partial divestment 3)Subject to Divestment

Indefeasibly Vested Remainder

"To A for life, then B"

Vested Remainder Subject to partial divestment

"To A for life then to A's children"

Vested Remainder Subject to divestment

"To A for Life, then to B, but if B dies before A, to C. " Watch out for similarities to contingent remainder. If there is a comma after B, then VRSD, but if not then CR.

Condition Subsequent

condition inVested Remainder Subject to divestment

Condition Precedent

condition in Contingent remainder. Must know what kind of future interest is there in order to know condition.

Executory interest

Future interest in transferee that can take effect only by divesting in another interest. (Springing and shifting). Not a remainder because it doesnt get the left over of another estate but cuts short someones present interest. Pairs with fee simple subject to executory limitation.