Mnemonics Flashcards
Freehold Estates (LEFTS)
LE - Life Estate
FT - Fee Tails
S - Fee Simple
Three types of fee simple estates (SAD)
Fee Simple SUBJECT to a Condition Subsequent or Precedent
Fee Simple ABSOLUTE
Fee Simple DETERMINABLE
How to recognize a fee simple subject to a condition subsequent or precedent? (they will BOP you on the head)
B - “but” if liquor is ever sold, then to G
O -“on condition that” the land is used only for residential purposes
P - “provided” the land is not used for commercial purposes
Fee Simple Determinable interests can be created by SUD language
S - “so long as” liquor is not sold on the land
U - “until” the land is not used for religious purposes
D - “during” this period, the land is used only for residential purposes
Joint Tenancies are created in the PITT (four unities)
P - Possession
I - Interest
T - Time
T- Title
the 4 D’s defeat a Tenancy by the Entirety
D - Death of one spouse automatically vests title in surviving spouse
D - if one spouse becomes a Debtor in bankruptcy, Federal law allows the trustee in bankruptcy to sell TE, in which both spouses take part
D - Dual transfer of TE, in which both spouses take part
D - Divorce, annulment, or a separation judgment
a COW partitions real property
C - Court decree
O - Oral agreement between all co-tenants provided they all share equally in possession
W - signed Writing voluntarily partitioning property by exchange of deeds signed by all co-tenants
a Broker earns a commission when they procure a RAW buyer
R - READY
A - ABLE
W - WILLING
a PIP may enforce an oral real property contract
P - buyer who has PAID the purchase price, in whole or in part
I - buyer makes valuable IMPROVEMENTS to property
P - buyer takes POSSESSION
a donative transfer requires AID
A - ACCEPTANCE by the donee
I - INTENT to make immediate gift
D - proper DELIVERY of a signed & acknowledged deed
covenants in a warranty deed (SEC FEW)
S - covenant of SEISIN
E - covenant against ENCUMBRANCES
C - covenant of the right to convey
F - covenant of FURTHER assurances
E - covenant of quiet ENJOYMENT
W - covenant of WARRANTY
the CIA gives notice to a real property buyer
C - CONSTRUCTIVE notice
I - INQUIRY notice
A - ACTUAL notice
PINTS for Real Covenants
P - PRIVITY of estate
I - INTENT by OG parties that covenant attach to land & run to future assignees (horizontal privity)
N - NOTICE (CIA) of a restrictive covenant
T - must TOUCH & concern the land
S - must satisfy the SoF
TINS for Equitable Servitudes
T - must TOUCH & concern the land
I - INTENT by OG parties to run
N - NOTICE (CIA) of a restrictive covenant
S - must satisfy the SoF
PINTS (Real Covenants) can come in CANS
C - imposed by COMMON owner
A - covenants agreed to by ADJOINING parties
N - imposes for the benefit of NEIGHBORING lands
S - to carry out a common plan or SCHEME
in granting or denying an Area Variance, the court considers ACESS
A - are there ALTERNATIVES available that don’t violate zoning law?
C - would the proposed variance alter the CHARACTER of the neighborhood?
E - would it adversely affect the ENVIRONMENT?
S - is the problem the owner is trying to resolve SELF-CREATED or did he buy with notice of the problem and/or create problem themselves?
S - was the variance insubstantial or SUBSTANTIAL?
EUNUCH establishes adverse possession
E - EXCLUSIVE possession
U - owner was UNDER no disability (infancy or mental incompetence)
N - NOTORIOUS & open possession, which would put the truth owner on notice
U - UNDER good faith belief of a claim of right (NY only)
C - CONTINUOUS/uninterrupted actual possession
H - HOSTILE possession
the Hostile element of AP is negated if, during a 10 year period, the adverse possessor calls the owner OPA
O - OFFERS to buy the land from true owner
P - asks PERMISSIONS of true owner to use the land
A - ACKNOWLEDGES title in the true owner
Negative easements are limited to the LAWS
L - LIGHT easements
A - easements of AIR
W - easements regarding WATER use
S - easements of SUPPORT
PIGS create easements
P - easements by PRESCRIPTION
I - easements by IMPLICATION
G - easements by GRANT
S - easements by STRICT necessity
You can get an implied easement if you find a CRAB
C - both dominant and servient estates were formerly held by a COMMON owner
R - use of an implied easement is REASONABLY necessary for reasonable use of the dominant estate
A - use of the easement was plainly & physically APPARENT from reasonable inspection of the land (exception: implied easement for underground water pipes
B - former use of the land subordinated one part of the land for the BENEFIT of another part
an A-FRAME will extinguish an easement
A - ABANDONMENT
F - FORECLOSURE of a mortgage that was recorded prior to the easement
R - signed writing, RELEASING the easement
A - ADVERSE possession of a servient estate in a hostile manner, preventing use of the easement
M - MERGER by common ownership of all (100%) of dominant and servient estates
E - EMINENT DOMAIN
if you TIP a chattel, then it becomes a fixture
T - TYPE of chattel that generally becomes part of real estate
I - INTENT of person installing chattel (whether it was intended to be permanently installed, or the person intended to subsequently remove it)
P - the PARTIES’ relationship
courts will consider whether it is reasonable to throw SPUD in the water, based on . . .
S - SIZE of waterway
P - PURPOSE for using water & resulting harm from that use
U - extent of USE (how much water will be used)
D - DURATION of use by property owner
even if a lease is silent, a landlord always HEARS these implied covenants
H - HABITABILITY
E - quiet ENJOYMENT
A - ASSIGNABILITY of the lease
R - good REPAIR (covenant made by commercial tenants)
S - minimal SECURITY precautions
an out-of-possession landlord is liable in tort to the POLICE for injuries
P - where the property was leased for a PUBLIC purpose, and landlord failed to inspect & repair dangerous conditions before turning over land
O - arising OUTSIDE the premises, proximately caused by a dangerous condition on the premises, which landlord should have known about
L - caused by LATENT defects that landlord should have known about, where tenant has not had reasonable time to discover & repair
I - where tenant’s INTENDED use of the premises created an unreasonable risk of harm to others, and landlord was aware of this intended use
C - where landlord has multiple leases, and the injury occurred in a COMMON area
E - where landlord EXPRESSLY covenants to make repairs, and fails to do so, causing injury
vesting is as easy as “ABC”
A - X is ASCERTAINABLE within the RAP period
B - X is a life in BEING at the time of conveyance, or in being within RAP period
C - X’s future interest must be CERTAIN to happen
the Rule against Perpetuities applies to CORE future interests
C - CONTINGENT remainders
O - OPTIONS to purchase retained in a deed by a grantor that possible could be exercisable beyond the RAP period
R - REMAINDER interests that either follow a LE or some other event
E - EXECUTORY interests (remainders that follow a conditional fee: fee simple determinable or fee simple subject to a condition subsequent)
SAW FUR cures a RAP violation
S - the perpetuities SAVINGS clause
A - ADMINISTRATION of the estate contingency
W - WAIT and see doctrine
F - FERTILE octogenarian exception
U - UNBORN widow exception
R - REDUCING an age contingency to 21 years
