Ownership

Question 1

fee simple

Answer 1

default estate

for life

Question 1

fee simple determinable

Answer 1

grantor retains possibility of reverter

vests automatically

durational language
“while” “during” “until”

Question 2

fee simple subject to condition subsequent

Answer 2

grantor has right to reentry

not automatic

conditional language
“provided that”
“on the condition that”

Question 3

fee simple subject to executory interest

Answer 3

third party has executory interest

Question 4

life estate

Answer 4

for a person’s lifetime

transferable but terminates upon the death of the measuring life

if grantor then reversion

if third party then remainder
(vested or contingent)

Question 5

tenancy in common

Answer 5

default estate

no right to survivorship

separate but undivided interest + possess entire property + right to transfer

Question 6

joint tenancy

Answer 6

right of survivorship

transfer = becoming tenancy in common

make clear expression of intent + survivorship language

Question 7

severance of joint tenancy

Answer 7

convey interest to another

mortgage
lien theory jurisdiction = not terminated
title theory jurisdiction = terminated

Question 8

rights and obligations of cotenants

Answer 8

operating costs = split

3rd party rent earnings = split

repair costs = not split but credited at partition

improvement costs = not split but credited at partition

Question 9

ouster

Answer 9

denying another cotenant access to the property

Question 10

partition

Answer 10

equitable remedy

partition in kind = preferred to split the land

partition in sale = split all the profits

Question 11

tenancy for years

Answer 11

lasts for a fixed and ascertainable amount of time

automatically terminates

ex. apt lease

Question 12

periodic tenancy

Answer 12

repetitive and ongoing for a set period of time until it is terminated

must intent to create a periodic tenancy

termination requires property notice

Question 14

tenancy at will

Answer 14

continuous until it is terminated by either party

may be terminated without notice

express or implied

must intent to create

Question 15

tenancy at sufferance

Answer 15

tenant refuses to vacate the premise and creates a temporary tenancy

until:
- landlord evicts
- landlord re-leases
- tenant voluntarily vacates

Question 16

implied warranty of habitability

Answer 16

for residential leases

reasonably suitable for basic human need

• vacate the premise
• withhold or reduce rent
• remedy the defect and offset cost
• defend against eviction

Question 17

implied covenant of quiet enjoyment

Answer 17

both residential and commercial

unsuitable for their intended purpose and results in constructive eviction

• unsuitable
• notified the landlord
• landlord did not correct
• vacate the premises

Question 18

assignment

Answer 18

complete transfer of the tenant’s remaining term

does not relieve of duty

Question 19

sublease

Answer 19

transfer of less than the tenant’s entire remaining term

Question 20

surrender

Answer 20

tenant returns possession and landlord accepts before end of lease

Question 21

abandonment

Answer 21

tenant unilaterally returns possession without consent

Question 22

duty to mitigate

Answer 22

majority rule says that landlord has a duty to mitigate damages with reasonable effort

Question 23

affirmative waste

Answer 23

waste that decreases the value of the property caused by voluntary conduct

ex. dumping hazardous material

Question 24

permissive waste

Answer 24

waste caused by neglect causing a decrease in the property

ex. storm comes and ruins the roof and you never repair it causing further damage

Question 25

ameliorative waste

Answer 25

changing the use of the property but the change actually increases the value of the property

ex. renovations

Question 26

rules against perpetuities

Answer 26

applies to contingent remainders

any interest in land is not valid unless it vests within 21 years after the death of a measuring life

Question 27

springing executory interest

Answer 27

divests to the grantor

ex. O to A for life then to B after a year. - after A’s death, O gets it for a year as reversion so B would be divesting O’s interest and O is the grantor. B has a springing executory interest.

Question 28

shifting executory interest

Answer 28

divests to prior grantee

ex. To A, but if B returns from Florida within the next year, to B”, then B has a shifting executory interest

Question 29

rule of convenience

Answer 29

closes a class to avoid RAP

when any member of the class becomes entitled to immediate possession

Question 30

shelly’s case

Answer 30

gets rid of a remainder for a grantee’s heirs and makes it a fee simple

ex. to anna for life then to anna’s hiers
- anna gets a fee simple absolute

Question 31

vested remainder subject to complete divestment

Answer 31

if the occurrence of a subsequent condition will eliminate the remainder interest

ex. A conveys Blackacre to B for life, then to C, but if C ever becomes a lawyer, then to D.” The future interest of C is not certain, thus it is “defeasible

Question 32

four unities

Answer 32

Unity of interest: The interest of each owner is equal.

Unity of time: The interest of the owners is acquired at the same time.

Unity of possession: The owners have the right of survivorship.

Unity of title: The document must specify a joint tenancy vesting.