Prop Flashcards
What are life t duties doctrine of waste
🚩ENTITLED TO ORDINARY USES AND PROFITS OF THE LAND
🐢🚩CANT DO ANYTHING TO INJURE REMAINDERMAN OR REVERSIONER
🐢THEY CAN SUE FOR DAMAGES AND 🚩ENJOIN SUCH ACTS. IF REMAINDERMAN. PAYS MONEY TO MEET LIFE TS OBLIG 🥍entitle to reimbursement🚩
AFFIRMATIVE VOL WASTE
LIFE T CANT EXPLOIT RESOURCES UNLESS NEC FOR REPAIR OR MAINTENANCE
🌈LAND IS SUITABLE ONLY FOR SUCH USE
🥏PERMISSION OF GOR
Open mines DOCTRINE
IF MINEING WAS DONE ON LAND PRIOR TO LIFE ESTATE LIFE T CAN MINE LAND BUT ONLY. To MINES ALREADY OPEN
Permissive waste
MAINTAIN LAND AND STRUCTURES IN A REAS STATE OF REPAIR
🚩PAY ORDINARY TAXES
🚩INTEREST ON MORTGAGES NOT PRINCIPAL
🚩PAY SPECIAL ASSIGNMENT FOR PUBLIC IMPROVEMENT OF SHORT DURATION
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LONG PUBIC IMPROVEMENT APPORTION ED BET LIFE T AND FUTURE INTEREST HOLDERS
PERMISSIVE WASTE OCCURS WHEN LIFE T FAILS TO DO SO
🚩DUTY LIMITED TO EXTENT OF INCOME AND PROFITS FROM LAND or REEAS RENTAL VALUE
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Life T NOT OBLIGED TO INSURE LAND FOR BENEFIT OF REMAINDER MAN. Not RESPONSIBLE FOR DAMAGES CAUSED BY THIRD PARTY TORTFEASOR
🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎
Ameliorative waste
CHANGE THAT BENEFITS PROP ECONOMICALLY
🐢ACTIONABLE AT CL BUT NOW LIFE T CAN ALTER OR DEMOLISH EXISTING PROPERTY PROP IF
IT DOES NOT DIMINISH REMAINDERMANS INTEREST AND EITHER THE REMAINDERMEN DO NOT OBJECT OR THERE IS A SUBSTANTIAL AND PERMANENT CHANGE IN NEIGHBORHOOD FROM RESIDENTIAL TO 90% industrial
🚩that has deprived prop of substantial form of PRODUCTIVITY
Leasehold Ts remain liable for ameliorative waste
even if neighborhood has changed
Worthless prop seek partition sale trust w income for life t
Absolute restraints on fee simple void
Restraints for a limited time REAS purp joint lifetimes of coowners valid
A disabling restraint on any legal interest is void
FORFITURE any attempted transfer forfeits interest
Promissory any attempted transfer breaches a covenant
Discriminatory restraints
Prohibit transfer on basis of religion race
Discrim state action 14TH am fair housing
FORFITURE AND PROMISSORY RESTRAINTS ON LIFE ESTATES VALID on vested future interests
DISABLING RESTRAINTS VOLID
Rule.AGAINST RESTRAINTS ON ALIENATION APPLIES TO LEGAL INTEREST
Restraints on alienation on equitable interest valid spendthrift clauses in trusts
Concurrent estates
Joint tenancy
Distinguishing feature RT of SURVIVORSHIP
WHEN ONE JT T DIES THE OTHER T TAKES FREE OF HER INTEREST THE PROP IS FREED FROM INTEREST
The CL REQ 4UNITIES OF INTEREST
TIME TITLE INTEREST AND POSSESSION
The INTERESTS OF JT T MUST. E EQUAL,IN EVERY WAY THEY TAKE IDENTICAL INTERESTS AT THE SAME TIME BY THE SAME INSTRUMENT WITH THE SAME RT TO POSSESSION
ALL INTERESTS IN JT T MUST BE IN EQUAL SHARES
🍎WITHOUT JT RT OF SURVIVORSHIP LANGUAGE NO JT TENANCY
SEVERED BY CONVEYANCE OF ON JT T AGREEMT OF JT TENANTS MURDER OF ONE CO T BY ANOTHER SIMULTANEOUS DEATH Vol invol partition Severance results if one joint tenant contracts to convey her interest, but the courts are split on whether an executory contract by all joint tenants works a severance.
Effect of One Joint Tenant’s Murdering Another
Some states TENANT WHO MURDERS ANOTHER JT TEN LOOSES RT OF SURVIVORSHIP IN OTHER
CONSTRUCTIVE TRUST FOR DECEDENTS ESTATE
In a TENANCY IN COMMON EQUAL SHARE PRESUMED BUT NOT REQ
Severance of JT TEN RT OF SURVIVORSHIP
INTERVIVOS CONVEYANCE
TRANSACTIONS THAT DO NOT RESULT IN SEVERENCE
Pl OBTAINS MONEY JUDGEMT THEN GETS LIEN IN CTY WHERE JUDGEMT docketed
The LIEN RUNS W LAND BURDENING IT UNTIL JUDGEMT PAID OR LIEN EXPIRES 10 yrs
Lien doesn’t sever jt t unless sold at foreclosure sale
Mortgage most states does not sever jt T severence occurs if prop foreclosed a nd sold at foreclosures sale except title theory states
STATES ARE SLIP AS TO WEATHER ONE JT T LEASE CAUSE SEVERENCE
TENANCY BY ENTIREY CL PRESUMED WHERE CONVEYANCE TO H AND WIFE WHERE 4 UNITIES PRESENT H AND W HAVE UNDIVIDED IN WHOLE ESTATE SEVERED BY DEATH DIVORCE MUTUAL AGREEMT EXECUTION BY JT CREDITOR OF H AND W
Money Judg NOT SEVERANCE
Not BY INVOL PARTITION 🍅🍎🍎
TENANCY IN COMMON
EA T HAS A DISTINCT PROPORTIONAL UNDIVIDED SHARE IN THE PROPERTY .TO A AND B OR TO AND B AS JT TEN. 🍏🍏🍏THE ONLY UNITY IS POSSESSION 🍓
🍎🍎🍎🍎NO RT OF SURVIVORSHIP
TERMINATED BY PARTITION
RENTS AND PROFITS IN MOST JURIS T IN POSSESSION DOES NOT HAVE TO SHARE PROFITS FROM USE OF PROP WITH T OUT OF POSSESSION or REIMBURSE
THEM FOR RENTAL VALUE OF HIS USE OF PROP UNLESS THERE IS AN OUSTER — WHERE A CO T CLAIMS ECLUS RT.
PROFITS FROM THIRD PARTIES
A CO T IN POSSESSION HAS RT TO SHARE IN RENTS FROM THIRD PARTIES OR profits DERIVED FROM Exploitation OF LAND THAT REDUCES ITS VALUE minerals
Effect of One Concurrent Owner’s Encumbering
the mortgagee can foreclose only on the mortgaging co-tenant’s interest. If a joint tenancy is involved, a mortgage (in a lien theory state) or lien does not sever the joint tenancy, but a foreclosure sale will.
Note, however, that in the case of a joint tenancy, a mortgagee or lienor runs the risk that the obligated co-tenant will DIE BEFORE FORCLOSURE extinguishing the mortgagee’s or lienor’s interest.
PARTITION ANY CO T CAN SEEK
CTS PREFER IN KIND PHYSICAL DIVISION OF LAND
Restraint ON PARTITION FOR REAS TIME
Expenses for preservation of property
Co t 💰pays more then pro rata share CONTRIBUTION IF 🍎 NOTIFY OF NEED FOR REPAIR
No CONTRIB FOR IMPROVEMENTS UNLESS PARTITION
CONTRIB FOR TAXES AND MORTG PAYMENT ON ENTIRE PROP BUT IF T IN SOLE POSSESSION CONTRIB IF AMT EXCEEDS RENTAL VALUE
DTY OF FAIR DEALING CONFID RELATIONSHIP AQUIRED LIEN. ONBEHALF OF OTHER CO T
TENANCY FOR YRS UNTIL WAR ENDS 99 urban 51 farm End automatically RT of entry to terminate if breach of cov Failure to pay rent
SURRENDER GIVING UP LEASEHOLD TO LL AND LL ACCEPTING if lease HAS UNEXPIRED TERM OF MORE THEN A YR. NEED WRITING
Periodic TENANCY SUCCESSIVE UNTIL TERMINATED BY PROPER NOTICE
Express agreement
Implication
Operation of law
IYR TO YR 6 mth notice
Tenancy at will express AGREEMT
Notice REAS time to quit or terminated by operation of law death waste or attempt to transfet
Tenancy at sufferance t wrongfully remains in possession after expiration
Evict no notice
Hold over doctrine
evict or bind new periodic tenancy
Commercial lease a year or more year to yr
Less month to month if orig term less then yr
Resid mth to mth
Notice occupancy after termination increase rent aquiesed
Exception few hrs
Not Ts fault I’ll
Seasonal
Tenants DTY to repair doctrine of waste
Can not damage commit waste on leased premises
Volunteer affirmative waste intentional
S LIABLE FOR DEFECTS EXISTING-LAND AND BUILDING S FLOODING LEAKY ROOF TERMITES UNDER
MISREPRESENTATION
KNOWINGLY OR NEG MADE A FALSE STATEMENT ON W BUYER RELIES
AND IT MATERIALLY EFFECTED THE VALUE OF PROP
ACTIVE CONCEALMT
TOOK STEPS TO ACTIVELY CONCEAL
FAILURE TO DISCLOSE
S KNEW OR HAD REAS TO KNOW
DEFECT NOT APPARENT DIFFICULT TO DISCOVER
DEFECT SERIOUS B WOULD HAVE LIKELY CHANGED HIS MIND
FACTORS INCREASING LIABILITY
PERSONAL RESIDENCE
License
Any attempt to transfer results in revocation
REVOCABLE AT WILL OR LOR
Personal to licensee inalienable
WILD ANIMAL
O is STRICTLY LIABLE TO LICENSEES AND INVITEES FOR WILD ANIMALS
O is NOT STRICTLY LIABLE FOR INJURIES CAUSES BY DOMESTIC ANIMALS FARM ANIMALS UNLESS O KNOWS OF THAT ANIMALS DANG PROPENSITY NOT COMMON TO THE SPECIES
O IS NOT STRICTLY LIABLE FOR THE NOTMALLY DANGEROUS CHARACTERISTICS OF DOMESTIC ANIMAL BULLS HONEYBEES DOES NOT CREATE STRICT LIABILITY
TRESPASS OF ANIMALS
O STRICTLY LIABLE FOR REAS FORESEEABLE DAMAGES BY TRESPASS OFBHIS ANIMALS
WILD ANIMALS
O IS STRICTLY LIABLE FOR INJURIES TO LICENSEES AND INVITEES CAUSED BY WILD ANIMALS INCLUDING PETS
STRICT LIABILITY
The nature of activity IMPOSES AN ABSOLUTE DTY TO MAKE SAFE
THE DANGEROUS ASPECT OF ACTIVITY IS THE ACTUAL AND PROX CAUSE OF PLS INHURY
PL SUFFERED INJURY TO PROPERTY or TO PERSON
Abnormal dangerous activity
An abnormality DANGEROUS ACTIVITY CREATES 🚨🚨🚨A SERIOUS RISK OF FORSEEABLE HARM EVEN WHEN REAS CARE IS EXERCISED
