2) Ownership - Rules affecting interests in land

Question 1

doctrine of worthier title: def

Answer 1

it is worthier to take by descent than by devise (by the natural order of the conveyance vs by an instruction)

A to B for life, remainder to A’s heirs. Would go to them anyway bc reversion. So strike that part.

Question 2

waste: rule

Answer 2

1) if have fee estate can do whatever want w property
2) if have less than fee estate (ie life or term), cannot commit waste (harm property at the expense of the person who will hold it after htem)

Question 3

waste: kinds

Answer 3

1) voluntary
2) permissive
3) ameliorative

Question 4

voluntary waste: def

Answer 4

can’t intentionally or negligently damage property. If does, liable for damage

Question 5

permissive waste: def

Answer 5

must take reasonable steps to avoid damage. Failure to do so = permissive waste + liable.

Question 6

ameliorative waste: def

Answer 6

life tenant is making improvements to the land

Question 7

ameliorative waste: CL rule

Answer 7

life/term tenant not allowed to make substantial alterations unless authorized to do so

and liable for cost of restoring land to previous condition

Question 8

ameliorative waste: modern rule

Answer 8

life tenant can commit ameliorative waste if:
1) market value of remanderman’s interest is not impaired (always need this) AND

either

a) it is permitted by the remainderman, or
b) a substantial and permanent change in the neighborhood justifies the improvement

Question 9

remedies for waste

Answer 9

1) if vested remainderman: damages +/or injunction

2) if contingent remainderman: injunction only

Question 10

rule against perpetuities; rule

Answer 10

no interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation fo the interest

Question 11

RAP: purpose

Answer 11

put a limit on endless contingencies on ownership of land

Question 12

RAP: does NOT apply to

Answer 12

1) present estates

2) reversionary interersts of any kind in grantOR

Question 13

RAP: yes applies to

Answer 13

1) executory interest
2) contingent remainder
3) vested remainder subject to open
4) purchase option
5) right of first refusal

Question 14

RAP: steps

Answer 14

1) identify the type of interest to see if rule applies
2) can I create an interpretation that someone can be claiming under one of those interests more than 21 years after everyone currently alive is dead?
3) if yes, wipe out just that future interest, and figure out what you have left

Question 15

restraint on alienation: def

Answer 15

any attempt to limit someone’s ability to transfer property

Question 16

total restraint: rule

Answer 16

1) for fee, generally not valid

2) for less than fee (life, term), will be upheld if reasonable

Question 17

partial restraint: kinds

Answer 17

1) purchase option (ex. A reserves right to buy back property anytime during A’s life)
2) right of first refusal (but if B ever attempts to sell during A’s life, must offer A property at same price)

Question 18

partial restraint: rule

Answer 18

valid if reasonable

Question 19

property conflicts of law

Answer 19

for immovable interest (interest closely connected w the land), the law of the situs (where the land sits) governs all rights. includes liens, conveyances, mortgages

Question 20

property conflicts of law: exception

Answer 20

underlying contract or note is governed by place of its making (not place where land is)

in mortgage the promissory note is at place of making (but mortgage is still at place of land)