Mnemonics & Acronyms

Question 1

Freehold with your LEFTS

Answer 1

LE – Life Estates
FT – Fee Tails
S – Fee Simple (SAD)

Question 2

The 3 types of fee simple estates are SAD

Answer 2

S – Fee Simple Subject to a Condition Subsequent/ Precedent*
A – Fee Simple Absolute
D – Fee Simple Determinable**
* You’ll recognize these interests when they BOP you on the head:
B – “But”
O – “On condition that”
P – “Provided
** These interests can be recognized by SUD language
S – “So long as”
U – “Until”
D – “During”

Question 3

Joint Tenancies are created if you have PITI on them.

Joint Tenancies created in the PITT.

Answer 3

1) Possession: All must have identical rights of possession
2) Interest: Joint tenants ALL have equal interest/access, one unity interest
3) Time: All interests must have vested at same time
4) Title/Instrument: Must be same instrument; one deed—from same source

Question 4

4–D’s defeats a tenancy by the entirety

Answer 4

D – Death of one spouse automatically vests title in surviving spouse
D – to Debtor, if jointly; If a creditor to H comes knocking, creditor cannot touch TBE (If one spouse becomes a Debtor in bankruptcy, Fed law allows the trustee in bankruptcy to sell TE & divide proceeds (½ to trustee in bankruptcy & other ½ to non–bankrupt spouse).
D – Dual transfer of TE, in which both H & W take part
D – Divorce, annulment, or, in NY, a separation judgment”

Question 5

RAW buyers will earn a broker a commission

Answer 5

R – Ready
A – Able
W – Willing

Question 6

PIP may enforce an oral realty contract

Answer 6

P – buyer who has Paid the purchase price, in whole or in part
I – buyer making valuable Improvements on realty
P – buyer taking Possession

Question 7

A donative transfer requires AID to the donee

Answer 7

A – Acceptance by donee
I – Intent to make immediate gift
D –Proper Delivery of signed & acknowledged deed

Question 8

The CIA gives notice to a real property buyers

Answer 8

C – Constructive Notice
I – Inquiry Notice
A – Actual Notice

Question 9

PINTS for real covenants, but TINS for equitable servitudes

Answer 9

P – Privity of Estate
I – Intent by original contracting parties that covenant attach to land & run to future assignees (Horizontal Privity)
N – CIA Notice of Restrictive Covenant
T – Must Touch & Concern the land
→to T&C: must affect ENJOYMENT of one’s estate (either servient or dominant estate)
S – Must satisfy the SOF

‘TINS’ is PINTS withouth the element of privity of estate. “

Question 10

PINTS can come in CANS

Answer 10

C – Common owner imposes to protect lands retained
A – Adjoining landowners/neighbors agreed to it
N – imposed for the benefit of Neighboring lands
S – Scheme to carry out common plan (e.g., an equitable servitude created with only notice of negative covenant, but must show more than 50% conformity of parties involved)

Question 11

PIGs create easements

Answer 11

P – Easements by Prescription
I – Easements by Implication (Including necessity)
G – Easements by Grant (Explicit)

Question 12

COWs partition realty

Answer 12

C – Court Decree
O – Oral Agreement between all (100%) of the co–tenants provided they all (100%) go into possession
W – Signed Writing voluntarily partitioning property by exchange of deeds signed by all co–tenants

Question 13

You get an implied easement if you find a BANC

Easements come from your piggy BANC (PIG; I: BANC

Answer 13

B – former use of the land subordinated one part of the land for the Benefit of another part
A – use of the easement was plainly & physically Apparent from reasonable inspection of the land (exception: implied easement for underground water pipes)
N – use of an implied easement is Necessary for reasonable use of the dominant estate
C – both dominant & servient estates were formerly held by a Common Owner

Question 14

You can destroy an easement by CRAMing it up your ASs.

One of the A’s requires more than mere words

Answer 14

C – Condemnation by state’s exercise of eminent domain
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 & servient estates, because one can’t possess an easement, covenant, or profit on her own property
A – Abandonment (by oral announcement & non-use, or by physical act showing intent against its permanent use)
S - Stated conditions (e.g. easement granted until X dies)

Question 15

ONECARS establishes adverse possession

Answer 15

Open – was the assertion of the claim visible?
Notorious – was there notice given, did people know?
Exclusive – did I exercise dominion?
Continuous – regular and interrupted
Adverse – needs to be adverse to someone’s interest*
Right – was I acting like it was mine? did I pay taxes?
Statutory Period – state law
*(majority: adversity must be objective, not subjective)

Question 16

The adversity prong of AP is negated if the AP cries “OPA!”

Answer 16

O – Offers to buy land from true owner
P – Asks Permission of true owner to use land
A – Acknowledges title’s in owner

Question 17

Even if a lease is silent on these topics, a landlord HEARS these implied covenants.

A tenant will RIP after signing a lease.

Answer 17

H – Habitability
E – [Quiet] Enjoyment
A – Assignability of the lease
R – Good Repair (this covenant is made by commercial landlords)
S – Minimal Security Precautions

R - Report problems (no waste)
I - No Illegal use
P - Pay Rent

Question 18

In adverse possession, tacking SKIPS to the next.

Answer 18

Possession passes from one adverse possessor to another, as long as there is continuity among the parties:
Spouses
Kids
Inheritance
Partners
Shared interest

Question 19

Easements need NO SCAR

Answer 19

– Non-possessory, Non-exclusive, Enforceable Interests

Notorious – was there notice given, did people know?
Open – was the assertion of the claim visible?

Statutory Period – state law
Continuous – regular and interrupted
Adverse – needs to be adverse to someone’s interest*
Right – was I acting like it was mine? did I pay taxes?

Question 20

Non-Freehold Estates WYPS out Seisin

Answer 20

1) Estate at Will
2) Estate for Years
3) Periodic Estate
4) Estate at Sufferance

Question 21

Need a Will? Get a SAW.

Answer 21

1) Signed
2) Attested to by 2 witnesses (non-beneficiaries)
3) Writing

Question 22

Easements are like a kick to the GNAADS

Answer 22

a) easement in Gross
b) Negative easement
c) Affirmative easement
d) Appurtenant easement → Dominant/Servient

Question 27

Laws restricting suspect categories are written in the p.m. time

Answer 27

Time place manner