Freehold Estates

Question 1

“To A and his heirs”, “to A”

Answer 1

Fee simple absolute. Devisable, descendable, alienable.

Question 2

“To A and his heirs”

Answer 2

Lasts as long as there are blood descendants of grantee. Grantor holds a reversion, a third party holds a remainder.

Question 3

Types of defeasible fees

Answer 3

Fee simple determinable - have a length of time attached, fee simple subject to condition subsequent, fee simple subject to an executory limitation

Question 4

“To a so long as”, “To A until”, “To A while”

Answer 4

Fee simple determinable, infinite so long as event doesn’t occur. Grantor holds a possibility of reverter.

Question 5

“To A, but if X event occurs, grantor reserves the right to reenter and retake.”

Answer 5

Fee simple subject to condition subsequent. Grantor holds a right to re-enter and retake.

Question 6

“To A, but if X event occurs, then to B.”

Answer 6

Fee simple subject to an executory limitation. Third party holds an executory interest.

Question 7

Possibility of reverter

Answer 7

Only accompanies fee simple determinable

Question 8

Who accompanies a preceding estate of known, fixed duration (a life estate or a term of years)?

Answer 8

A remainderman

Question 9

Who never follows a defeasible fee?

Answer 9

A remainderman

Question 10

Who MUST follow a defeasible fee?

Answer 10

An executory interest (or O)

Question 11

Joint tenancy

Answer 11

2 or more own with the right of survivorship. When a joint tenant dies, his share goes automatically to the other joint tenants. A joint tenant’s interest is alienable, but not devisable or descendable. Remember T-TIP: same time, same title, identical shares, right to possess the whole.

Question 12

Tenancy by the entirety

Answer 12

a marital interest between spouses with the right of survivorship

Question 13

Tenancy in common

Answer 13

2 or more own with no right of survivorship

Question 14

How do you sever a joint tenancy?

Answer 14

SPAM: sale, partition, mortgage

Question 15

Mortgages & tenancy by entirety

Answer 15

Can’t touch this: no unilateral transfers; if one spouse mortages or credits, nothing can happen to the other’s share.

Question 16

Which type of tenancy is it where each interest is divisible, descendable, and alienable?

Answer 16

Tenancy in common

Question 17

Tenancy for years

Answer 17

a lease for a fixed period of time; when you know the termination date from the start; doesn’t need notice for termination

Question 18

Periodic tenancy

Answer 18

a lease that continues for successive intervals until L or T gives proper notice to terminate

Question 19

What does an oral term of years in violation of the SOF create?

Answer 19

an implied periodic tenancy measured by the way rent is tendered

Question 20

Tenancy at will

Answer 20

has no fixed duration “To T for as long as L or T desires”

Question 21

Tenancy at sufferance

Answer 21

created when T is wrongfully held over past the lease expiration

Question 22

Is T liable for injuries sustained by third parties T invited, even where L promised to make repairs?

Answer 22

Yes

Question 23

What pass with ownership of the land?

Answer 23

Fixtures

Question 24

May T end the lease if the premises are destroyed without T’s fault? CL and Majority.

Answer 24

CL - T liable; Majority - T may end the lease

Question 25

T fails to pay rent. What can L do and not do?

Answer 25

He can evict through the courts, or sue for rent due, but he cannot engage in self-help.

Question 26

Implied covenant of quiet enjoyment - does it apply to both residential and commercial?

Answer 26

Yes

Question 27

Does the implied warranty of habitability apply to commercial leases?

Answer 27

No

Question 28

What is it called when T transfers her interest in the apt in whole?

Answer 28

Assignment

Question 29

What is it called when T transfers her interest in the apt in part?

Answer 29

Sublease

Question 30

Explain difference between T’s right to sublease in a small residence or a building with 4+ residents

Answer 30

in small residence, L can require written consent. In larger building, L can require written consent, but consent cannot be unreasonably withheld

Question 31

Affirmative easement

Answer 31

the right to do something on servient land

Question 32

Negative easement

Answer 32

entitles holder to prevent servient landowner from doing something that would otherwise be permissible- light, air, support, streamwater from artificial flow

Question 33

How are negative easements created?

Answer 33

Expressly by writing signed by grantor.

Question 34

Easement appurtenant

Answer 34

Benefits its holder in physical use or enjoyment of property. It takes 2.

Question 35

Dominant tenement

Answer 35

Gets the benefit

Question 36

Servient tenement

Answer 36

bears the burden

Question 37

Easement in gross

Answer 37

confers upon its holder a advantage that is personal or pecuniary, and not related to the use of the land. there is a servient land that is burdened, but no benefitted, or domianant tenement.

Question 38

What are these examples of: right to place a billboard, right to swim in another’s pond, right to lay power lines.

Answer 38

Easements in gross

Question 39

Do easements appurtenant pass automatically with the dominant tenement?

Answer 39

Yes

Question 40

Are easements in gross transferable?

Answer 40

Only if it is for commercial purposes

Question 41

Easement by prescription

Answer 41

COAH: continuous for statutory period, open and notorious, actual use, hostile (without owner’s consent)

Question 42

Covenant

Answer 42

a promise to do or not do something related to the land - it is a contract or promise regarding land

Question 43

How to know whether a promise is an equitable servitude or covenant?

Answer 43

by the remedy. If P wants $ –> covenant; if P wants injunction –> equitable servitude

Question 44

How to create an affirmative easement?

Answer 44

PING: Prescription, Implication, Necessity, Grant

Question 45

Grant for an affirmative easement:

Answer 45

Must be in writing if easement is for over a year

Question 46

Implication for easement:

Answer 46

Previous use was apparent, parties expected it would survive bc it’s necessary to dominant land’s use

Question 47

Necessity for easement:

Answer 47

landlocked setting - no way out except over some part of land

Question 48

Terminating an easement

Answer 48

END CRAMP: Estoppel, Necessity, Destruction, Condemndation, Release, Abandonment (demonstrated through physical action), Merger, Prescription