Mnemonic Devices Flashcards
Adverse Possession
ECHOES:
Entry (actual possession)
Continual
Hostile
Open
Exclusive
Statutory period
Creation of Easement
PING:
Prescription (COAH continuous open actual hostile)
Implication (created by operation of law, implied by preexisting use)
Necessity (no way out)
Grant (in writing, signed by holder, unless its duration is brief enough to be outside SOF)
Termination of Easement
ENDCRAMP:
Estoppel (oral expression of intent to terminate easement PLUS writing (a release) or action (abandonment))
Necessity (if created by necessity, terminates when necessity ends)
Destruction (of servient land except by willful conduct of servient owner)
Condemnation (of servient estate by govt)
Release (in writing, given by the easement holder to the servient land)
Abandonment (by physical action, show intent to never use again)
Merger (title to easement and to servient land become vested in same person)
Prescription (COAH)
Specific Intent Crimes
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts:
Solicitation: Intent to have the person solicited commit the crime
Conspiracy: Intent to have the crime completed
Attempt: Intent to complete the crime
First degree premeditated murder: Premeditated intent to kill
Assault: Intent to commit a battery
Larceny: Intent to permanently deprive the other of their interest in the property taken
Embezzlement: Intent to defraud
False pretenses: Intent to defraud
Robbery: Intent to permanently deprive the other of their interest in the property taken
Burglary: Intent to commit a felony in the dwelling
Forgery: Intent to defraud
Statute of Frauds (when is writing required)
MYLEGS:
M (marriage – promises in consideration of)
Y (a promise that by its terms cannot be performed within 1 year from agreement to date of performance)
L (land sales)
E (executors: if an executor of an estate is to pay estate debts out of their own personal funds)
G (goods for $500+)
S (sureties: a promise made by a third person to a creditor that the third person will be responsible for the debt that the debtor owes)
Does the burden of the covenant run with the land?
WITHN:
Writing (original promise must have been in writing)
Intent (original parties must have intended that covenant would run with the land)
Touch and concern: The promise must affect the parties’ legal relations as landowners
Horizontal AND vertical privity
Notice: The successor (A1) must have had notice of the promise when she took
Does the benefit of the covenant run with the land?
WITV:
Writing
Intent
Touch and Concern
Vertical Privity between B and B1
Equitable Servitude creation
WITNess:
W: Writing, Generally, but not always, the original promise was in writing
I: Intent, The original parties intended that the promise would be enforceable by and against successors
T: Touch and concern, The promise affects the parties as landowners
N: Notice, Subsequent purchasers of land burdened by the covenant had actual, inquiry, or record notice of the covenant when they acquired the land. (usually involves a recording act)
ESS: for equitable servitudes
Does the burden of the equitable servitude run with the land?
INT:
Intent (to run with the land to future owners, safe to assume),
Notice (constructive/record, inquiry, actual),
Touch and Concern (is the agreement related to use of the land)
Does the benefit of the equitable servitude run with the land?
IT:
Intent
Touch and Concern
Lawful execution of deed
WIDS:
Words of intent
Identification of parties
Description (unambiguous)
Signed by grantor
6 covenants in General Warranty Deed
Surely, Cats Eat Quail With Fish
Seisin: grantor owns at delivery
(Right to) Convey: grantor has power to transfer
(Against) Encumbrances: no servitudes or liens
Quiet enjoyment: that there are no 3rd party lawful claims
Warranty: grantor will defend grantee against any claims of title by others
Further assurances: grantor will perfect (that grantor is a good faith cooperator and will perfect the title if it turns out to be imperfect)
Priority of proceeds of foreclosure sale
EPJM
Expenses of sale, attorney’s fees, court costs
Principal (and accrued interest on loans)
Junior (junior lieners or junior interests)
Mortgagor
Tenant Duties
MRWTR (Mr. Water)
-Maintain premises in good condition
-make Routine repairs other than ordinary wear and tear repair
-don’t commit Waste
-T may terminate the lease when premises are destroyed without T’s fault
-pay Rent
Landlord Duties
DHDQ (Don’t Hit, Don’t Quit)
Deliver possession
Habitability
Deposits
Quiet Enjoyment
