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
🏁🏁🏁🏁🏁🇮🇱🇮🇱🇮🇱🇮🇱🇮🇱🏁🏁🏁🏁🏁🏁🏁🏁🏁
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
🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳🇺🇳
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
Reversion in GOR
ALIENABLE DEVISABLE DESCENDIBLE
Gor can sue for waste
Damages to reversionary interest
Revers interests vested not subj to rule v perp
Remainder future interest in third p Bec possessory on natural expiration of preceding estate
It cannot divest preceding estate or follow a gap
It must be EXPRESSLYCREATED IN THE INSTRUMENT creating prior estate
Vested remainder
NOT SUBJECT TO CONDITION PRECEDENT AN EXISTING OR ASCERTAINED PERSON
INDEFEASIBLY VESTED REMAINDER NOT SUBJECT TO DIVESTMENT OR DIMINUTION
Contingent remainder
Unborn unascertained and subj to condition precedent
🚩🚩CL contingent remainder destroyed if failed to vest on or b4 expiration of preceding estate 🚩🚩
O to A FOR LIFE THEN TO B IF REACHES 21
IF A DIES B4 B REACHES 21 REMAINDER DESTROYED PROPERTY REVERTS TO GOR
BUT
Modern ABOLISHED IN MOST SYATES Bs interest converted to executory interest divests from gors reversionary interest when B TURNS 21
DOCTRINE OF MERGER WHEN ONE PERSON AQUIRES PRESENT AND FUTURE INTEREST EXCEPT A CONTINGENT REMAINDER THE CONTINGENT REMAINDER IS DESTROYED
O TO A FOR LIFE THEN TO BS CHILDREN
IF B4 B HAS CHILDREN O PURCHASES AS LIFE ESTATE O HAS A LIFE PUR AUTRA VIE AND A REVERSION. The INTERESTS MERGE AND THE CONTINGENT REMAINDER IN BS UNBORN CHILDREN IS DESTROYED
BUT IF A LIFE ESTATE AND THE NEXT VESTED INTEREST WERE CREATED BY THE SAME INSTRUMENT NO MERGER
MERGER OCCURS WHERE ONE PERSON LATER AQUIRES IMMED SUCCEESSIVE ESTATES
RULE IN SHELLYS CASE AGAINST REMAINDER IN GE HEIRS
AT CL IF SAME INSTRUMENT CREATEDLIFE ESTATE AND GAVE REMAINDER TO GEsHEIRS
The REMAINDER WAS NOT RECOGNIZED AND A TOOK LIFE ESTATE AND REMAINDER
O TO A FOR LIFE THEN TO B FOR LIFE THEN TO THE HEIRS OF A.
THE RULE IN SHELLYS CASE TRANSFORMS THE REMAINDER IN AS HEIRS TO A REMAINDER IN A BUT HERE NO MERGER BEC REMAINDER FOR LIFE OF B IS. VESTED
TO A FOR LIFE THEN TO As HEIRS. REMAINDER IN A. A HAS A FEE SIMPLE
RULE IN SHELLYS CASE ABOLISHED IN MOST STATES
Modern Result As HEIRS HAVE A CONTINGENT REMAINDER
DOCTRINE OF WORTHIER TITLE RULE OF REMAINDER IN GORS HEIRS INVALID BEC REVERSION IN GOR
O TO A FOR LIFE THEN TO THE HEIRS OF O.
UNDER DOWT A HAS LIFE ESTATE O HAS A REVERSION
DOWT IS A RULE OF CONSTRUCTION IT 🚩DOES NOT APPLY IF INTENT TO CREATE REMAINDER IN GEs HEIRS IS CLEARLY MANIFESTED
🚩🚩🚩DOWT APPLIES ONLY TO INTERVIVOS TRANSFERS NOT WILLS. And ONLY IF THE WORD “HEIRS “ is USED
EXECUTORY INTERESTS
SPRINGING EXECUTORY INTEREST
EXECUTORY INTERESTS in THIRD PARTIES THAT EITHER
1 DIVEST A TE PRECEDING FREEHOLD ESTATES 🌎🏁🚩SHIFTING INTERESTS OR
2 OR FOLLOW A GAP OR. CUT SHORT A GORs ESTATE 🚩🚩SPRINGING INTEREST
O TO A AND HIS HEIRS WHEN A MARRIES B
A HAS A SPRINGING EXECUTORY INTEREST BEC IT DIVESTS GORS ESTATE
O TO A FOR LIFE THEN TO B AND HIS HEIRS BUT IF B PREDECEASES A TO C AND HIS HEIRS
C HAS A SHIFTING EXECUTORY INTEREST BEC IT DIVESTS A PRIOR ESTATE
🚩🚩EXECUTORY INTERESTS ARE SUBJECT TO THE RULE V PERP
A REMAINDER CANNOT FOLLOW FEE SIMPLE
Transferability of REMAINDER AND EXECUTORY INTERESTS
VESTED REMAINDERS FULLY TRANSFERABLE DESCENDABLE AND DEVISABLE
At CL CONTINGENT REMAINDERS AND EXECUTORY INTERESTS WERE NOT TRANSFERABLE INTERVIVOS
BUT ….TODAY FULLY TRANSFERABLE
Contingent remainders and EXECUTORY interest ARE DIFFERENT DSESCENDABLE AND DEVISABLE PROVIDED SURVIVAL NOT CONDITION
🚩🚩🚩ANY FUTURE INTEREST THAT IS TRANSFERABLE IS SUBJECT TO INVOL TRANSFER THAT MEANS 🐳🐳🐳🚩REACHABLE BY CREDITORS
Vested remainder subj to open.
WHERE AT LEAST ONE MEMBER OF THE CLASS EXISTS
CONTINGENT 🚩🚩WHERE ALL MEMBERS OF CLASS UNASCERTAINED
Members of class successors can take if no req of survival
Class subj to open unascertained members
TO A FOR LIFE REMAINDER TO Bs CHILDEN. NO GOOD TITLE AS LONG AS B ALIVE
WHEN CLASS CLOSES
THE RULE OF CONVENIENCE
IN THE ABSENCE OF EXPRESS CONTRARY INTENT THE CLASS CLOSES AND NOONE BORN AFTER THAT TIME CAN SHARE IN THE GIFT
🚩🚩🚩🚩WHEN SOME MEMBER CAN CALL FOR DISTRIBUTION OF HER SHARE
T to W FOR LIFE THEN TO As CHILDREN
WHEN WILL EXECUTED A HAS TWO CHILDREN B AND C. A has another child D T DIES A HAS ANOTHER CHILD —-E. Then W DIES A HAS CHILD F.
THE CLASS CLOSED AT 🚩🚩🚩Ws DEATH BEC IT WAS TIME TO MAKE THE DISTRIBUTION
Ts WILL DEVISES RESIDUE OF HIS ESTATE TO THOSE OF As CHILDREN WHO REACH 21 IF ANY CHILD is 21 AT Ts DEATH THE CLASS CLOSES
OTHERWISE IT CLOSES WHEN ONE OF As CHILDREN REACHES 21
If IT HAD BEEN A FUTURE GIFT TO A FOR LIFE THEN TO THOSE OF As CHILDREN WHO REACH 21 🚩🚩🚩🚩THE CLASS WOULD REMAIN OPEN UNTIL THE LIFE T DIES EVEN IF CHILDREN REACH 21
PERSONS IN GESTATION ARE 🚩🚩🚩INCLUDED IN THE CLASS
🚩🚩🚩SURVIVAL OF A CLASS MEMBER TO THE TIME OF CLOSING IS USUALLY UNNECESSARY TO SHARE IN THE FUTURE GIFT UNLESS SURVIVAL WAS MADE AN EXPRESS CONDITION
TO A FOR LIFE THEN TO HIS SURVIVING CHILDREN
CERTAIN TERMS CREATE IMPLIED SURVIVORSHIP CONDITIONS. —-WIDOW issue HEIRS NEXT OF KIN
TO A FOR LIFE REMEMBER TO THOSE OF Bs CHILDREN WHO SURVIVE A
CONTINGENT REMAINDER IN BS CHILDREN EVEN IF B DIES OR BS CHILDREN ARE IN EXISTENCE
Indefensibly vested remainder
To A FOR LIFE THEN TO B
Contingent remainder
TO A FOR LIFE THEN TO B IF B MARRIES C
To A FOR LIFE THEN TO AS SURVIVING CHILDREN
SHIFTING EXECUTORY INTERESTS
“To A for life, remainder to B and her heirs; but if B predeceases A, then to C and his heirs.” (C has a shifting executory interest.)
SPRINGING EXECUTORY INTEREST
“To A when and if he becomes a doctor.”
or
“To A for life, then two years after A’s death, to B.”
TRUST
Fiduciary relationship w respect to specific property RES
TRUSTED HOLDS LEGAL TITLE TO PROP SUBJECT TO ENFORCEABLE EQUITABLE RIGHTS IN BENEFICIARY
The CREATOR OF THE TRUST IS THE 🚩🚩SETTLOR WHO MUST OWN PROP AT THE TIME OF TRUST CREATION w 🚩🚩INTENT TO CREATE
RULE V PERP APPLIES TO EQUITABLE FUTURE INTERESTS OF BENEFICIARIES AS WELL AS LEGAL FUTURE INTEREST
🚩🚩🚩🚩🚩🚩🚩🚩🚩CREATION OF TRUST
BY WILL TESTIMENTARY TRUST
INTER VIVOS TRANSFER OF TRUST RES OR
INTER VIVOS DECLARATION THAT SETTLOR IS HOLDING PROP IN TRUST
😆🚩🚩🚩ALL TRUSTS OF REAL PROPERTY MUST BE IN WRITING
A SETTLOR MAY BEQUEATH 🥏BY WILL 🥏PROP TO A TRUST CREATED IN HIS LIFETIME 🥏HE MAY POOR IT OVER INTO THE TRUST
Charitable trust 🌎must have a charitable PURPOSE
🥏MUST HAVE INDEFINITE BENEFICIARIES
🥏IT MAY BE PERPETUAL RULE V PURP DOESN’T APPLY
🥏The CY PRES DOCTRINE ALLOWS A CT TO SELECT ANOTHER CHARITY WHEN THE SETTLORS PURPOSE BEC IMPOSSIBLE OR IMPRACTICABLE
🚙CHARITABLE TRUSTS MAY BE ENFORCED BY STATE ATTY GEN
Rule v purp does mot apply from private to charitable or charitable to private
RULE V PERP
INTEREST IN PROP MUST VEST NO LATER THEN 21 YRS AFTER SOME LIFE IN BEING MEASURING LIFE AT THE CREATION OF INTEREST
🚨🚨🚨🚨IF THERE IS ANY POSSIBILITY THAT THE INTEREST MIGHT VEST MORE THEN 21 YRS AFTER SOME LIFE IN BEING INTEREST IS VOID
🥦🥦🥦🥦Rule APPLIES TO CONTINGENT REMAINDERS EXECUTORY INTERESTS VESTED REMAINDER SUBJECT TO OPEN
OPTIONS TO PURCHASE NOT ATTACHED TO A LEASEHOLD 🌭🌭🌭🌭
🍣🍣🍣🍣RIGHTS OF FIRST REFUSAL and
⛑⛑⛑⛑⛑POWERS OF APPOINTMENT
🐸🐸🐸WHEN PERP PERIOD BEGINS TO RUN
🐻🐻🐻FOR INTERESTS CREATED BY WILL
🦟🐽 THE DATE OF THE Ts DEATH
FOR DEEDS. DATE OF DELIVERY
IRREVOCABLE TRUST. DATE IT Was CREATED
REVOCABLE TRUST. THE DATE IT BEC IRREVOCABLE
An interest vests when it bec possessory, an indefeasibly vested remainder or vested remainder subject to total divestment
💑💑💑💑RULE V PERP
WHEN IT COULD POSSIBLY VESTNOT WHEN IT IS LIKELY TO VEST OR WHEN IT DOES
👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧👨👩👧
LOOK AT GRANT AT TIME OF CREATION
THE INTEREST MUST VEST WITHIN A LIFE IN BEING PLUS 21 YRS. IF THERE IS ANY POSSIBILITY THAT IT COULD VEST BEYOND THAT PERIOD
🕺🏼👯♂️🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼🕺🏼iT IS VOID
Ives IN BEING HUMAN AND REAS IN NUMBER
👨👨👧👨👨👧👨👨👧RULE V PURP DOES NOT APPLY TO VESTED REMAINDERS
🥦EXCEPT VESTED REMAINDER SUBJECT TO OPEN
INFECTIOUS INVALIDITY
IF INTEREST VIOLATES RULE V PERP IT WILL BE STRICKEN UNLESS T WISHES ENTIRE GIFT FAIL
COMMON PITFALL CASES
EXECUTORY interests FOLLOWING DEFEASIBLE FEE TO A FOR SO LONG AS NO LIQUOR CONSUMED ON PREMISES THEN TO B VIOLATES PERP Bs INTEREST IS STRICKEN.
EXECUTORY interests VALID IF SPECIFIC TO FEE HOLDER OR EXPRESSLY W IN PERP PERIOD
IF O TO A BUT IF LIQUOR EVER CONSUMED ON THE PREMISES TO B HERE ENTIRE CONDITION STRIKEN
GIFT TO CLASS BEYOND AGE 21 VOID
FERTILE OCTOGENARIAN
WOMAN PRESUMED TO BE CAPABLE OF BEARING CHILDREN AT ANY AGE
To A FOR LIFE THEN TO As CHILDREN FOR LIFE THEN TO As GRANDCHILDREN FOR LIFE
REMAINDER TO As GRANDCHILDREN INVALID
PERP REFORM STATUTE PRESUME WOMAN OVER
55 CANT BEAR CHILDREN
UNBORN WIDOW OR WIDOWER
TO A FOR LIFE THEN TO As WIDOW FOR LIFE THEN TO As SURVIVING ISSUE IN FEE GIFT TO ISSUE INVALID BEC W MIGHT NOT IN VOLVED WHEN INTEREST CREATED NOT SP IN BEING WHEN INTEREST CREATED
REMAINDER TO As CHILDREN WOULD BE VALID BEC THEY COULD BE DET AT DEATH
Few STATES RAISE PRESUMPTION THAT WIDOW IN BEING
Administrative CONTINGENCY VIOLATES RULE
GIFT CONDIT ON ADMINISTRATIVE CONTINGENCY IS INVALID
gift conditioned on an administrative contingency (e.g., admission of will to probate) violates the Rule.
Example: A gift “to my issue surviving at the distribution of my estate” is invalid
because the estate might be administered beyond the period of the Rule.
Options to purchase not attached to leasehold later then end of perp period Some CTs CONSTRUE REAS TIME and RT of first refusal
If right of FIRST REFUSAL BEYOND PERP PERIOD INVALID
THE RULE DOES NOT APPLY TO A CURRENT TENANT OR HIS ASSIGNS BUT IN DOES APPLY TO FORMER T OR TO ANY PARTY TO WHOM CURRENT T TRANSFERS OPTION SEPARATE FROM LEASE
RT of FIRST REFUSAL IS PRESUMED TO BE PERSONAL TO HOLER IN MANY STATES NOT SUBJECT TO RULE
CLASS GIFT BAD AS TO ONE BAD AS TO ALL
If INTEREST OF ANY CLASS MEMBER TO REMOTE WHOLE CLASS GIFT FAILS
FOR CLASS GIFT TO VEST CLASS MUST BE CLOSED AND ALL CONDIT PRECEDENT MET FOR EACH MEMBER
GIFT TO SUBCLASS EXCEPTION
GIFT TO ISSUE OF LIVING CHILDREN VALID
GIFT TO ISSUE OF AFTERBORN CHILDREN VOID
PER CAPITA GIFT. Gift OF FIXED AMOUNT TO EACH MEMBER OF CLASS NOT TREATED AS CLAS GIFT UNDER THE RULE
If
RULE IN DUMPHORS CASE
Once LL KNOWINGLY ACCEPTS ASSIGNMT
LL DID NOT OBJECT BY KNOWINGLY ACCEPTING RENT FROM ASSIGNEE
DUMPHOR ONCE LL ACCEPTS ONE ASSIGNMENT
HE WAIVES COVENANT AS TO FUTURE TRANSFERS UNLESS HE EXPRESSLY RESERVES IT she waives her right to avoid future transfers unless she expressly reserves the right to do so.
The reservation of this right must take place at the time of granting consent.
Transfer IN VIOLATION OF LEASE DOES NOT MAKE TRANSFER VOID LL MAY TERMINATE LEASE OR SUE FOR DAMAGES
ASSIGNMENT BY LL OF RENT AND REVERSION BY CONVEYING A BLDG TO NEW O BY DEED
RTS OF ASSIGNEE V TENANTS
ONCE Ts ARE GIVEN REASONABLE NOTICE OF Assignment THEY MUST PAY RENT TO NEW OWNER
The BENEFIT OF ALL TENANT COVENANTS THAT TOUCH AND CONCERN THE LAND. RUNS W THE LLs ESTATE TO THE NEW OWNER THE BURDEN OF LLs COVENANT THAT TOUCH AND CONCERN THE LAND RUNS W LL ESTATE TO ASSIGNEE
The ASSIGNEE IS LIABLE FOR PERF OF THESE COVENANTS
The original LL REMAINS LIABLE ON ALL THE COVENANTS HE MADE IN THE LEASE
LAND (INTENT BENEFIT THE LL AND BURDEN THE TS AND VISA VERSA. —
IF ENTIRE LEASEHOLD IS TAKEN BY EMINENT DOMAIN THE T IS NOT LIABLE FOR RENT. The. LEASEHOLD AND THE REVERSION IS MERGED IN THECONDEMNOR. There is no longer a leasehold estate
THE LESSEE IS ENTITLED TO COMPENSATION
🚩if THE TAKING IS TEMPORARY ORPARTIAL THE T IS NOT DISCHARGED FROM THE RENT🚩🚩🚩BUT IS ENTITLED TO COMPENSATION FOR THE TAKING
TorT LIABILITY OF LL AND T
🚩🚩🚩💑AT CL THERE IS NO DUTY TO MAKE THE PREMISES SAFE
TODAY THERE ARE 👨👨👧🐻🍣🚨🐳🚙🇮🇱🐽🌎👨👩👧🥦
🚩🚩🚩🚩6🚩🚩🚩EXCEPTIONS
1 CONCEALED DANGEROUS CONDIT LATENT DEFECT
AT THE TIME OF ENTERING INTO LEASE LL KNOWS OR SHOULD KNOW OF A DANGEROUS CONDITION THAT
Accession
Anexors INTENT TO MAKE OBJECT PART OF REALITY
Build house on land erroneously believed she owned
Some ct good faith trespassers get vVALUE ADDED. TO THE LAND NOT CONSTRUCTION COSTS
IF LANDOWNER DEFAULT ON CHATTEL PAYMT AND MORTG PAYMTS FIRST TO RECORD WINS EXCEPT IF S OF CHATTEL FILES
Under UCC S WINS IF FIXTURE FILING WITH IN 20 DAYS AFTER CHATTEL AFFIXED TO LAND
Easements covenants profits servitude non possessory interest RT to use land possessed by someone else
Easement holder RT TO USE ANOTHERS TRACT OF LAND FOR A SPECIAL PURPOSE LAY PIPE ACCESS ROAD NO RT TO POSSESS AND ENJOY
PRESUME PERPETUAL DURATION
AFFIRMATIVE EASEMT HOLDER CAN MAKE AFFIRMATIVE USE OF SERVIENT TENAMENT
NEGATIVE EASEMENT HOLDER CAN COMPEL O OF SVIENT TEN TO REFRAIN FROM ACTIVITY
LIGHT AIR LATERAL AND SUBAJACENT SUPPORT
FLOW OF ARTIFICIAL STREAM TODAY NEG EASEMTS ARE RESTRICTIVE COVENANTS
EASEMENT APPURTENANT BENEFITS HOLDER IN HIS USE AND ENJOYMENT OF ANOTHER TRACT OF LAND
BENEFIT OF EASEMENT APPURTENANT PASSES W LAND EVEN IF NOT MENTIONED
BURDEN OF EASEMENT APPURTENANT PASSES UNLESS🚩🚩NEW O IS A BONIFIED PURCHASER W NO ACTUAL OR CONSTRUCTIVE NOTICE
IT CANNOT BE CONVEYED APART FROM DOMINANT TEN UNLESS CONVEYED TO SVIENT TEN TO EXTINGUISH THE EASEMENT
Easmt in gross INDEP of land personal use
If serves commercial economic interest transferable
Express grant
WRITING IF A YR OR LESS OUTSIDE STATUTE OF FRAUDS MEET REQ OF DEED
Easement by reservation GOR conveys land but reserves RT to use tract for a special purpose
Only for GOR ANYONE ELSE VOID
Easement by implication
Operation of law
PRIOR TO DIVISION OF LAND
APPARANT AND CONTINUOUS USE OF SVIENT TEN
REAS NEC FOR FOR ENJOYMENT OF THE DOMINANT PART
Parties INTENDED USE TO CONTINUE AFTER DIVISION OF LAND
Easement implied without existing use
SUBDIVISION PLATT
IF LOTS SOLD W REF TO MAP ORPLAT SHOW STREETS LEADING TO LOT
B HAVE IMPLIED RT TO USE STREET LEADING TO LOTS
PROFIT A PENDRE
IMPLI3D EASEMT TO GO OVER SURFACE OF LAND TO EXTRACT PRODUCT
Easement by NECESSITY
LANDOWNER SELLS A PORTION OF HIS PLOT AND BY THE DIVISION DEPRIVES ONE OF PUBLIC RD OR UTILITY
O OF SVIENT TEN HAS RT TO LOCATE EASEMENT
Easement by prescription
Open and notorious discoverable on inspect
ADVERSE WITHOUT PERMISSION
CONTINUOUS AND UNINTERRUPTED FOR THE STATUTORY PERIOD
EASMT INTENDED TO MEET PRESENT AND FUTURE USEBUT IF DIVISION OVERBURDENES SVIENT ESTATE LOT O WILL NOT SUCCEED TO EASEMENT
Overuse or misuse does not terminate easement get injunction
Easement o has duty to make repairs if both use repair apportioned
Grant A YR OR LESS MO WRITING 🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🛹🛹🛹 RESERVATION BY GOR TOUSE TRACT FOR SPECIAL PURPOSE 🥊🥊🥊🥊🥊🥊🥊🥊🛹 IMPLICATION PREEXISTING USE 🥊🥊🥊🥊🥊🥊🥊🥊🥊 PRIOR TO DIVISION OF LAND
APPARENT AND CONTINUOUS NEC FOR ENJOYMENT OF DOMINANT PART PARTIES INTENDED USE TO CONTINUE PRESCRIPTION 🥊🥊🥊🥊🥊🛹🛹🛹🛹 OPEN NOTORIOUS Such that truly owner would make sufficiently APPARENT TO PUT TRUE O ON NOTICE TO PUT TRUE OWNER ON NOTYNOUCONTINUOUS AND UNINTERUPTED FOR STATUTORY PERIOD
Easement without ANY EXISTING USE
SUBDIVISION PLAT
Map or plat streets lead to lots
Implied easement to use street to access lots
Profit a pendra
Implied easement to go overland
Easement by A NEC
Easmt by prescription
OPEN NOTORIOUS
ADVERSE
CONT AND UNINTERRUPTED FOR THE STATUTORY PERIOD
CTs assume EASEMT intended to meet present and future needs wider cars if dominant estates subdued
Lot o will not succeed if overburden SVIENT est
Termination of easemts
1 STATED CONDITIONS
2 EASEMT AND SVIENT TENAMT MERG
Same PERSON AQUIRES OWNERSHIP OF THE EASEMT AND THE SVIENT ESTATE
⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️⛳️🥊🥊🥊🥊🥊🥊
The DOMINANT AND SVIENT ESTATE MERG and EASEMENT IS DESTROYED The unity must be complete THE DURATION OF THE SVIENT TEN MUST BE EQUAL TO OR LONGER THAN THE DURATION OF THE DOMINANT ESTATE
Deed of release from o of EASEMT to O OF SVIENT TENAMENT. Including EASEMENT IN GROSS
ABANDONMENT DEMONSTRATE BY PHYSICAL ACTION BUILD STRUCTURE THAT BLOCK EASEMENT 🥊🥊🥊🥊🥊
🥊🥊🥊🛹🛹🛹AN INTENT TO PERMANENTLY ABANDON EASEMENT
💑💑💑💑💑💑💑💑💑💑💑💑💑🚨🚨🚨🚨🚨🚨🚨🌈🌈🌈🌈🌈🌈🌈🌈🌈🌈🌈🌈😆🌈🌈🌈🌈🌈
MERE WISH TO ABANDON
MERE NON USE DOES NOT ABANDON
🎽🎽🎽🎽🎽ORAL EXPRESSION W LONG PERIOD OF NON USE
ESTOPPEL ORAL EXPRESSION OF INTENT TO ABANDON INSUFFICIENT UNLESS IN WRITING RELEASE OR ESTOPPEL O OF SVIENT ESTATE CHANGED POSITION IN RELIANCE OF REPRESENTATION OR CONDUCT
Termination of easement by prescription
Open notorious Continuous interruption of use for statutory period 20 YEARS
Easmt s created by NEC end when necessity ends
Condemnation of SVIENT estate extinguishes all easement
Destruction ofstucture on w there is easement
Invol destruction extinguishes easement VOL DESTRUCTION DOES NOT EXTINGUISH EASEMT
LicensesÙ
License
PRIVILEGE TO GO ON LAND OF LISENSOR NOT AN INTEREST IN LAND 🏁REVOCABLE AT WILL OF LICENSOR INALIENABLE Any ATTEMPT TO TRANSFER LICENSE CAUSES REVOCATION BY OPERATION OF LAW 🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊🥊
A FAILED ATTEMPT TO CREATE EASMT NO WRITING RESULTS IN LICENSE WHEN ORALLY GRANT EASEMENT FOR MORE THEN YR
🌎😆🌎🌎🥦🥦🌎🌎🌎🌎🌎🌎🌎🌎🌎🌎
Irrevocable LICENSE
1 ESTOPPEL LICENSEE INVESTS SUBSTANTIAL AMOUNTS OF MONEY AND LABOR IN RELIANCE ON LICENSE.
LICENSE TILL HOLDER GETS REIMBURSED FOR EXPENDITURES
2 LICENSED COUPLED W AN INTEREST IRREVOCABLE AS LONG AS INTEREST LAST
VENDEE OF CHATTEL GO INTO LAND TO REMOVE
FUTURE INTEREST HOLDER GOES ON LAND TO INSPECT FOR WASTE
PROFIT HOLDER CAN TAKE SOIL MINERALS TIMER
Profit
Holder can go on land to take soil timber minerals fish from SVIENT estate an implied easement Profit may be extinguished through Stated conditions Unity OF OWNERSHIP RELEASE ABANDONMENT ESTOPPEL NEC PRESCRIPTION Condemnation and destruction Surcharge Misuse that overburdens SVIENT ESTATE
COV RUNNING W THE LAND
WRITEN PROMISE TO DO SOMETHING ON. THE LAND OR TO REFRAIN FROM DOING SOMETHING on the land maintain a fence not build a multi family bldg
REAL COV RUN W THE LAND AT LAW
SUBSEQ owners MAY ENFORCE OR BE BURDENED BY THE COVENANTS
REQ FOR BURDEN TO RUN
Any successor in iNTEREST TO THE BURDENED ESTATE WILLBE BOUND BY THE COVENANT AS IF SHE HAD EXPRESSLY AGREED
The COVENANTING PARTIES MUST HAVE EXPRESSLY INTENDE D THAT THE SUCCESSORS in INTEREST TO THE COVENANTOR BE BOUND BY THE COVENANT
UNDER MOD RECORDER ACTS A BONIFIED PURCHASER IS BOUND BY COV IFHE HAD ACTUAL RECORD OR INQIRY NOTICE, AT THE TIME OF PURCHASE
HORIZONTAL PRIVITY POR AND PROMISEE SHARED SOME INTEREST IN LAND INDEPENDENT OF THE COVENANT MOR MEE ORIG PARTIES
VERTICAL PRIVITY SUCESSORS IN INTEREST TO THE-COVENANTING PARTY MUST HOLD SAME DURATIONAL INTEREST AS COVENANTOR AT THE TIME HE MADE COVENANT
NEGATIVE COV TOUCH AND CONCERN THE LAND IF THEY RESTRICT THE HOLDER OF THE SVIENT TENAMENT IN HIS USE OF THAT PARCEL
AFFIRMATIVE COVENANTS TOUCH AND CONCERN THE LAND IF THEY REQUIRE THE HOLDER OF THE SVIENT TENAMENT TO DO SOMETHING
Req for benefit to run
Successors in interest to promisee can enforce covenant if
1 INTENT THE COVENANTING PARTIES 🎈 INTENTED THAT SUCCESSORS IN INTEREST TO THE COVENANTEES BE ABLE TO ENFORCE THE COVENANT
2 VERTICAL PRIVITY
THE BENEFITS OF THE COV RUN TO ASSIGNEES OF THE ORIGINAL ESTATE OR ANY LESSER ESTATE
NO HORIZONTAL PRIVITY
WHERE NO HORIZONTAL PRIVITY THE SUCESSORS IN INTEREST TO THE COVENANTEE CAN ENFORCE THE COVENANT AGAINST PROMISOR BUT NOT PORS SUCCESSORS
3TOUCH AND CONCERN
THE BENEFIT OF THE COVENANT TOUCHES AND CONCERNS THEVLAND IF IT BENEFITS THE COVENANTEE AND HER SUCCESSORS
IN THEIR USE AND ENJOYMENT OF THE LAND
PROMISES TO PAY MONEY HOMEOWNERS ASSOC FEES AND COVENANTS NOT TO COMPETE RUN WITH THE LAND
BREACH OF REAL COVENANT
MONEY DAMAGES FROM D GENERAL ASSETS
INJUNCTION EQUITABLE SERVITUDE
Termination OF A COVENANT
WRITTEN RELEASE
MERGER OF BENEFITED AND BURDENED ESTATES
CONDEMNATION OF THE BURDENED PROPERTY
Equitable servitude
A COVENANT
WHETHER OR NOT IT RUNS W THE LAND IT WILL BE ENFORCED AGAINST ASSIGNEES OF THE BURDENED IESTATE WHO HAVE 🥊🥊🥊NOTICE
For MONEY DAMAGES REAL GOV
FOR INDUCTION
EQUITABLE SVITUDES
COVENANTS CONTAINED IN WRITING THAT SATISFIES STATUTE OF FRAUDS
Except
NEGATIVE EQUITABLE SERVITUDES MAY BE
🥊🥊🌈IMPLIED FROM A COMMON SCHEME FOR DEVELOPMENT IN A RESIDENTIAL SUBDIVISION
WHERE DEVELOPERS DIVIDE LAND AND SOME DEEDS CONTAIN NEG COVENANTS AND OTHERS DO NOT
🥊🎈🥊🚨⛑ NEG COVENANTS WILL BE IMPLIED ON ALL PARCELS PROVIDED THERE WAS A COMMON SCHEME FOR DEVELOPMENT AND NOTICE OF THE COVENANTS
COMMON SCHEME
RECIPROCAL NEG SERVITUDE WILL BE IMPLIED IF AT THE TIME SALE BEGAN DEVELOPER HAD A PLAN THAT ALL PARCELS WOULD BE SUBJECT TO THE RESTRICTION
THE SCHEME MAY BE EVID BY
A RECORDED PLAT
A GENERAL PATTERN OF RESTRICTIONS
ORAL REPRESENTATIONS TO EARLY BUYERS
THERE IS A COMMON SCHEME FOR DEVELOPMENT
RECIPROCAL NEG SERVITUDE WILL BE IMPLIED If AT THE TIME SALES IN THE SUBDIVISION BEGAN
DEVELOPER HAD COMMON SCHEME FOR DEVELOPMENT AND THERE WAS NOTICE
THE SCHEME MAY BE EVID BY RECORDED PLAT GEN PATTERN OF RESTRICTIONS ORAL REPRESENTATIONS TO EARLY BS
🥬🍎record3d platt
General pattern of restrictions
Oral representations to early bs
IF THE SCHEME ARISES AFTER SOME LOTS SOLD NO IMPLIED EQUITABLE SERVITUDE AS TO LOTS ALREADY. SOLD
NOTICE
TO BE BOUND BY COVENANT NOT IN HER DEED, GE MUST HAVE NOTICE OF THE COV IN THE DEEDS OF OTHERS
NOTICE MAY BE ACTUAL. DIRECT KNOWLEDGE
INQUIRY NOTICE NEIGHBORHOOD APPEARS TO CONFORM
RECORD NOTICE IN GEs CHAIN OF TITLE
Req for THE BURDEN TO RUN
INTENT NOTICE TOUCH AND CONCERN
THE COVENANTING PARTIES 🥊INTENDED🥊 THE SERVITUDE TO BE ENFORCEABLE 🥊BY OR AGAINST ASSIGNEES
THESUCCESSOR OF POR HAS ACTUAL INQUIRY OR RECORD NOTICE🌎
THE COV TOUCHES AND CONCERNS THE LAND IT RESTRICTS THE HOLDER OF SVIENT ESTATE IN HIS USE OF THAT PARCEL🌎
THE BENEFIT OF THE EQUITABLE SERVITUDE RUNS W THE LAND AND IS ENFORCEABLE BY PSEES SUCCESSORS 🚨IF ORIG PARTIES INTENDED AND THE SERVITUDE TOUCHES AND CONCERNS BENEFITED PROP
🥦NO PRIVITY OF ESTATE IS REQ FOR AN EQUITABLE SERVITUDE TO BE ENFORCEABLE BY OR AGAINST ASSIGNEES
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DEFENSES TO EQUITABLE SERVITUDE
1PERSON SEEKING ENFORCEMENT IS GUILTY OF UNCLEAN HANDS🥦 VIOLATING A SIMILAR RESTRICTION ON HIS OWN LAND
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A BENEFITED PARTY AQUIESED 🥦IN THE VIOLATION
OF SERVITUDE BY BURDENED PARTY
BENEFITED P ACTED IN SUCH S WAY THAT REAS person would believe covenant WAS ABANDONED OR WAIVED ESTOPPEL🥦AND BURDENED PARTY RELIED
Benefited party fails to bring suit within a REAS time LACHES
NEIGHBORHOOD CHANGED SO SIGNIFICANTLY THAT ENFORCEMENT WOULD BE UNREASONABLE
TERMINATION OF EQUITABLE SERVITUDE
WRITEN RELEASE
MERGER OF BENEFITED AND BURDENED ESTATES
CONDEMNATION
Irrevocable license IF DETRIMENTAL RELIANCE ON A PAROLE AGREEMENT
PARTY WALLS OR COMMON DRIVEWAYS CAN RESULT FROM IMPLICATION OR PRESCRIPTION
Cross easement of support. Burdens and benefits run to successive owners Are horizontal PRIVITY
Each promise touches and concerns the land party has notice bec of visibility
Actual entry giving rise to adverse possession
That is open notorious adverse THE KIND OF USE TRUE O WOULD MAKE
SUFFICIENTLY APPARENT TO PUT TRUE O ON NOTICE THAT TRESPASS IS OCCURRING
USE OF FARMLAND FOR A PICNIC NOT USE TRUE O WOULD MAKE NOT AN ACT CONSISTANT W OWNERSHIP
HOSTILE ADVERSE WITHOUT TRUE OS PERMISSION 🥊🥊🥊🥊IT DOESNT MATTER WEATHER POSSESSOR BELIEVES SHE IS ON HER OWN LAND 🌈
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If POSSESSION STARTS PERMISSIVELY SHE MUST INDICATE TO TRUE O SHE IS CLAIMING HOSTILELY
IF GOR OR TENANT STAYS IN POSSESSION PERMISSION PRESUMED
GORS OPEN REPUDIATION OF CONVEYANCE STARTS STATUTE RUNNING V GE
BOUNDRY LINE FENCE BET LAND Os by agreement
NOT CORRECT
But most ct fix ownership as per agreed line
Orig uncertainty as to true line
Fence Agreed upon
Lengthy acquiescence
CONTINUOUS POSSESSION FOR STATUTORY PERIOD AS BY AVE OWNER
INTERMITTENT PERIODS OF OCCUPANCY NOT REQ CONSTANT OCCUPANCY NOT REQ AS LONG AS USE LIKE TRUE O
TACKING PERIODS OF ADVERSE POSSESSION BY PREVIOUS OWNER
PRIVITY by DECENT DEVISE OR DEED
No PRIVITY if one adverse claimant ABANDONS
ORAL TRANSFER SATISFIES PRIVITY
PAYMT of prop taxes good evid of claim of RT
DISABILITY
IF TRUE O UNDER DISABILITY WHEN C/A FOR ADVERSE POSSESSION FIRST AROSE
MINORITY IMPRISONMENT INSANITY
NO TACKING OF DISABILITIES OF TRUE O
I
Equitable conversion
Doctrine of Equitable Conversion
Under the doctrine of equitable conversion, once a contract is signed 🥊and each party is entitled to specific performance, equity regards the purchaser as the owner of the real property. 🥊The seller’s interest, which consists of the right to the proceeds of sale, is consid- ered to be personal property. 🥊The bare legal title that remains in the seller is consid- ered to be held in trust for the purchaser 🎈as security for the debt owed the seller. But note that possession follows the legal title; so even though the buyer is regarded as owning the property, the seller is entitled to possession until the closing.
Death of Seller
If the seller dies, the “bare” legal title passes to the takers of his real property, but they must give up the title to the buyer when the contract closes. When the purchase price is paid, the money passes as personal property to those who take the seller’s personal property. Note that if the property is specifically devised, the specific devisee may take the proceeds of the sale. (See F.1.b., infra.)
There is an implied covenant in every land sale contract that at closing the seller will provide the buyer with a title that is “marketable.”
a. “Marketability” Defined—Title Reasonably Free from Doubt no UNREAS risk of litigation
Unencumbered FEE SIMPLE W GOOD RECORD TITLE
DEFECTS IN THE CHAIN OF TITLE
VARIATIONS IN DESCRIPTION
DEFECTIVELY EXECUTED falls to meet req for recordation
Prior GOR LACKED CAPACITY
BUT ANCIENT MORTGAGE DID STATOF LIM RUN THEN OK
Beneficial easement to Utility EASEMT SVS property or visible known not unmarketable
Restrictive covenants. Title unmarketable
Significant encroachment of adjacent landowner as opposed to only a few inches
Zoning reg do not render title unmarketable unless EXISTING VIOLATION
QUITCLAIM DEED DOES NOT CONTAIN ANY COV OF TITLE STILL IMPLIED MARKETABLE TITLE
Installment land k furnish mketable title on delivery andbs final payment
Void deeds
Defective Deeds
A void deed will be set aside by the court even if the property has passed to a bona fide purchaser,
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but a voidable deed will be set aside only if the property has not passed to a bona fide purchaser.
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Void deeds include those that are forged, were never delivered, or were obtained by fraud in the factum (i.e., the grantor was deceived and did not realize that she was executing a deed).
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Voidable deeds include those executed by minors or incapacitated persons, and those obtained through fraud in the inducement, duress, undue influence, mistake, and breach of fiduciary duty.
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Fraud in the inducement duress undue influence breach of fiduciary duty
Fraudulent Conveyances
Even when a deed complies with the required formalities, it may be set aside by the grantor’s creditors
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if it was made: (i) with actual intent to hinder, delay, or defraud any creditor of the grantor;
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or (ii) without receiving a reasonably equivalent value in exchange for the transfer,
⛑⛑⛑⛑⛑⛑⛑⛑⛑🎽🎽🎽🛹🌈⛑⛑⛑⛑
and the debtor was insolvent or became insolvent as a result of the transfer.
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However, the deed will not be set aside as against any grantee who took in good faith and paid reasonably equivalent value.
Description of Land Conveyed
A description is sufficient if it provides a good lead to the identity of the property (e.g., “all my land in Stockton”).
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If it is too indefinite, the grantor retains title (but reformation of the deed is a possible remedy).
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Parol evidence is generally admissible to resolve patent or latent ambiguities if the description gives a good lead, but it may not be admissible where the description is inadequate.
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Rules of construction natural monuments (e.g., oak tree); artificial monuments (e.g., stakes, buildings); courses (e.g., angles); distances (e.g., feet, yards); name (e.g., Blackacre); and quantity (e.g., 300 acres). 🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑🍑
b. Boundary Cases
Presumptively, title to land passes to the center of a right-of-way or water boundary. This presumption can be rebutted by language in the deed. In variable boundary line cases (i.e., water boundary) the slow and imperceptible change in the course of a river or stream operates to change ownership rights
ACCRETION accretion (slow deposit of soil on land abutting water) belongs to the abutting owner. 🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏🍏
Avulsion (sudden change of watercourse) DOES NOT CHANGE BOUNDRIES Fix boundaries are not changed by encroachment of water
ACCEPTANCE AND DELIVERY OF DEED
INTENT TO MAKE A DEED PRESENTLY EFFECTIVE
Even if posssession delayed
Title passes upon delivery
RETENTION OF INTEREST BY GOR OR CONDITIONAL DELIVERY RT TO REVOKE
Lack of intent to pass Title
GOR EXECUTES DEED BUT DOES NOT DELIVER IT DURING LIFETIME
Conditions Not Contained in Deed
If a deed is absolute on its face but delivered with an oral condition, the condition is disregarded and the delivery is absolute.
Where Grantor Gives Deed to Third Party
Here, conditional delivery is permissible.
Conditions not contained in deed deed absolute on face CONDIT ORAL IS DISREGARDED.
Transfer to Third Party with No Conditions
If THIRD PARTY IS GORs AGENT NO TRANSFER NO DELIVERY
GORs RT TO RECOVER DEED
Grantor can revoke 🍎if the condition is not yet occurred 🍎and if there is 🍎no enforceable contract to convey
GORS RT TO RECOVER DEED
1 CONDIT NOT YET OCCUPIED AND THERE
2 is NO ENFORCEABLE K TO CONVEY
Breach of escrow conditions
Obtain deed from escrow holder prior to perf of CONDIT NO GOOD TITLE to SUBSEQ PURCHASR
RELATION BACK DOCTRINE
TITLEPasses when CONDITION OCCURS BUT if justice requires the grantor dies or bec incompetent
title may “relate back” to the time when the grantor gave the deed to the third party. Rights of intervening bona fide purchasers are protected.
TRANSFER TO THIRD PARTY W CONDITIONS DONATIVE TRANSACTIONS
GOR GIVES DEED TO THIRD P WHEN CONDITIONS OCCUR
CAN GOR REVOKE IF CONDIT HAS NOT YET OCCURRED ?
ONLY IF NO ENFORCEABLE K TO CONVEY
When condition is GOR DEATH CTS FIND Delivery IRREVOCABLE where GOR INTENT FUTURE INTEREST
Most STATES PRESUME ACCEPTANCE UNLESS DEFEATS
DEDICATION LAND MAY BE TRANSFERED TO A PUBLIC BODY CITY OR COUNTY BY @ ORAL WRITTEN STMT @SUBMISSION OF MAP OR PLAT 🍎OPENING LAND TO PUBLIC OFFER ACCEPTED BY 🍈FORMAL RESOLUTION 🍐APPROVAL OF MAP 🗺 OR PLAT MAINTENANCE OR IMPROVEMENTS
Notice statute ICtEDi p
Actual notice any source newspaper word of mouth
RECORD NOTICE SEARCHER COULD REAS FIND
Exam Tip Although no one has a legal duty to perform a title search, a subse- quent purchaser will be charged with the notice that such a search would provide, whether or not she actually searches.
BFP who paid value and has no actual or constructive notice will prevail over prior Ge who fail to record notice at time of conveyance
B HAD NO NOTICE AT THE TIME HE TOOK
SUBSEQ BFP PROTECTED WHETHER HE RECORDS orNOT
RACE NOTICE
“
SUBSEQ BFP PROTECTED IF HE HAS NO NOTICE AND RECORDS BEFORE PRIOR GE
O TO A ON JAN 1 A DOES NOT RECORD O TO B ON JAN 15 FOR VALUABLE CONSID HE HAS NO NOTICE OF PRIOR CONVEYANCE A RECORDS JAN 18 B RECORDS JAN 20. A prevails
RACE WHO EVER RECORDS FIRST WINS
BFP PERSON WITHOUT NOTICE PAYS VALUABLE CONSIDERATION NO ACTUAL inquiry or record notice
In determining who is a BFP for purposes of protection of the recording statutes, remember that the purchaser must be without notice at the time of conveyance. It does not matter if she learns of an adverse claim after the conveyance
but before recording.
SUBSEQ purchaser charged with notice of a misindexed deed
Unacknowledged instrument not entitled to recordation except not defective on its face
Deed recorded b4 GOR obtains title
NO TITLE WHEN CONVEYED
MAJORITY
No NOTICE NOT IN BFP CHAIN OF TITLE
MINORITY DEED BY ESTOPPEL PROT prior ge
DEED IN CHAIN OF TITLE REFERING TO INSTRUMENT OUTSIDE CHAIN OF TITLE MAY GIVE CONSTRUCTIVE NOTICE OF THE INSTRUMENT
Restrictive covenants DEEDS FROM COMMON GOR to adjacent lot DEEDS are NOT within chain of TITLE
INQUIRY NOTICE
PURCHASER REQ TO MAKE REAS INQUIRY CHARGED W KNOWLEDGE OF WHATEVER INQUIRY WOULD HAVE REVEALED EVEN IF HE MADE NONE. REFERENCES IN RECORDED INSTRUMENTS TO UNRECORDED TRANSACTIONS PUT A PURCHASER ON INQUIRY NOTICE
BFP VALUABLE CONSIDERATION NEED NOT ADEQUATE 🍇🍇🍇🍇🍒🍒🍒🍒🍒🍒🍇🍇🍇🍇BUT IT MUST BE OF SOME PECUNIARY VALUE. LOVE AND AFFECTION 🍓🍓🍓NOT VALUABLE CONSIDERATION
PURCHASER IS PROT BY RECORDING STATUTE ONLY🍉🍉🍉🍉FROM THE TIME CONSIDERATION IS PAID PURCHASER WILL NOT PREVAIL OVER DEEDS RECORDED SUBSEQ BUT BEFORE CONSID PAID.
In TRACT INDEX. SEARCH BY BLOCK OR LOT
GRANTOR/GE INDEX SEARCH BACK IN TIME. THEN FORWARD TO SEE IF ANYONE CONVEYED INTEREST OUTSIDE BACKWARD CHAIN
RECORDATION GIVES PROSPECTIVE .GEs CONSTRUCTIVE NOTICE OF RECORDED INSTRUMENTS. IT RAISES A PRESCRIPTION OF VALID DELIVERY It DOES NOT VALIDATE AN INVALID DEED or PROT V INTERESTS ARISING BY OPERATION OF LAW DOWER TITLE BY ADVERSE POSSESSION BFP STILL IN DANGER
RECORDERS MISTAKES
Instrument considered recorded when FILED W RECORDERS OFFICE WHETHER IT WAS PROPERLY FILED SUBSEQ purchaser CHARGED W NOTICE OF A MIS INDEXED INSTRUMENT BUT HE HAS A CAUSE OF ACTION AGAINST RECORDER
EFFECT OF RECORDING UNACKNOWLEDGED INSTRUMENT
UNACKNOWLEDGED INSTRUMENT NOT ENTITLED TO RECORDATION BUT WHEN DEFECT NOT APPARENT ON THE FACE OF INSTRUMENT IT IMPARTS CONSTRUCTIVE NOTICE
Transferees from Bona Fide Purchaser—Shelter Rule
A person who takes from a BFP will prevail against any interest the transferor- BFP would have prevailed against. This is true even if the TRANSFEREE HAD ACTUAL NOTICEof a prior unrecorded conveyance. This rule does not, however, help a trans- feree who previously HELD TITLE she cannot “ship through” a BFP to get good title.
Purchaser Under Installment Land Contract
In most states, a purchaser under an installment land contract is protected only to the extent of payment made. In a dispute with a prior claimant, the court may award the purchaser: (i) a share of the property as a TENANT IN COMMON EQUAL TO THE PROPORTION OF PAYMENTS MADE
ii) a LIEN on the property to the extent of the AMOUNT PAID or (iii) OR THE ENTIRE PROPERTY subject to a LIEN on the property to the extent of the BALANCE STILL OWED
Ademption
PROPERTY SPECIFICALLY DEVISED IN TS WILL BUT T NO LONGER OWNS PROP THE GIFT FAILS
Ademption only for specific bequests that can be satisfied BY DELIVERY OF A PARTICULAR ITEM NOT Satisfied BY MONEY
A GIFT OF LAND IS ALWAYS A SPECIFIC DEVISE
IF T SELLS A PORTION THAT PART IS ADEMED THE REMAINDING PART PASSES TO DEVISEE
Land under EXECUTORY K. The UNIFORM PROBATE CODE AND MANY STATES DO NOT APPLY ADEMPTION TO THE PROCEEDS OF A K FOR THE SALE OFBLAND THAT WAS EXECUTORY AT THE TIME OF TS DEATH. The devisee gets the proceeds in place of the land these statutes take precedence over equitable conversion
ALSO ADEMPTION DOES NOT APPLY WHEN K ENTERED INTO BY REPRESENTATIVE OF INCOMPETENT TESTATOR
Other proceeds not subj to ademption
PROPERTY DAMAGED OR DESTROYED B4 TS DEATH INSURANCE NOT PAID TILL AFTER DEATH
DEVISEE GETS INSURANCE PROCEEDS. NO ADEMPTION
Ademption does not apply to prop condemned b4 death compensation after death
At cL beneficiary of specific prop entitled to have LAND EXONERATED PAY OFF LIENS MORTGAGES FROM TS RESIDUARY ESTATE
Majority of states abolished exoneration
Will must provide for pay off
LAPSE AND ANTILAPSE
Beneficiary of a gift predeceases T
AT CL IF LAPSE OCCURED GIFT VOID
NOW ALL STATES ANTI LAPSE. GIFT GOES. TO PREDECEASING BENEFICIARYS,LIVING DESCENDANTS
MANY ANTI LAPSE STATUTE APPLY WHEN BENEFIC IS A RELATIVE DESCENDANT OF T
OTHER ANTILAPSE STATUTES APPLY WHEN
BENEFIC IS REMOTELY RELATED A DESCENDANT OF TS GRANDPARENT OR ANY RELATIVE OR ANY BENEFICIARY
IT DOES NOT SAVE THE GIFT FOR PREDECEASING BENEFICIARYS ESTATE. It substitutes BENEFICIARYS descendants for beneficiary so gift won’t go to spouse
Inapplicable if BENEFICIARY DEAD WHEN WILL EXECUTED MADE GIFT WILL FAIL NO ANTI LAPSE
Applicable to class gifts Class member predeceases T AND UNDER ANTILAPSE STATUTE DESCENDANT AND LEAVES SURVIVING ISSUE STATUTE WILL APPLY AND ISSUE WILL TAKE
ANTILAPSE STATUTE DOES NOT APPLY IF CONTRARY WILL PROVIS
GIFT CONTINGENT ON BENEFICIARYS SURVIVAL
If estate assets not sufficient to pay all claims and fo satisfy devisee abate reduce property passing by intestacy Redid estate Gen legacies Specific devises and bequests
Crops enablement
Crops
Conveyance of land include all crops growing on it
Except harvested or severed
Crops planted by tenant
WHERE TENANCY OF UNCERTAIN DURATION
AND TENANCY TERMINATED W OUT FAULT OF Tenant
Holder in DUE COURSE
INDORSE DELIVER NOTE
NEGOTIABLE FORM PAYABLE TO BEARER OR
The ORDER OF NAMED PAYEE SUM CERTAIN. NO OTHER PROMISES
THE ORIG NOTE MUST BE SIGNED INDORSED BY NAMED PAYEE
THE ORIG NOTE MUST BE DELIVERED TO TE
TE MUST PAY FULL VALUE TAKE IN GOOD FAITH WITHOUT NOTICE THAT ITS OVERDUE DISHONERED SUBJECT TO ANY DEFENSE OF MAKER
Holder IN DUE COURSE TAKES FREE OF PERS DEFENSES FAILURE OF CONSIDERATION FRAUD IN INDUCEMT WAIVER ESTOPPEL PAYMENT but TAKES SUBJECT TO REAL DEFENSES.
INFANCY
INCAPACITY
FRAUD IN THE EXECUTION
DURESS ILLEGALITY
FORGERY
DISCHARGE IN INSOLVACY
INSOLVANCY
If the original mortgagee transfers possession of a NEGOTIABLE instrument, any payment by the mortgagor to that mortgagee will NOT COUNT. The holder can still demand payment—EVEN IF THE MOR LACK NOTICE of the transfer. However, if the original mortgagee transfers possession of a NON NEGOTIABLE NOTE the mortgag- or’s payment to him IS EFFECTIVE against the transferee UNTIL the mortgagor RECEIVES NOTICE of the transfer.
ASSUMPTION AGREEMENT GE PRIMARILY LIABLE MOR secondarily label Me can sue either No assumption MOR primarily and personally liable however if Ge DOES NOT PAY LOAN MAY BE FORCLOSED WIPING OUT GEs INVESTMENT
DUE ON SALE CLAUSE
DEMAND FULL PAYMENT IF MOR TRANSFERS ANY INTEREST W OUT MEs CONSENT
DEFENSES ON THE UNDERLYING OBLIG DEFENSES TO ACTION ON MORTGAGE
failure of consideration, duress, mistake, fraud)
violations of the “ability to repay
Anti steering
Payment
Delivery of a deed
Me’s acceptance of DEED IN LIEU OF FUCLOSURE
LIEN THEORY MOR HOLD LEGAL TITLE TILL FORCLOSURE
ME— SECURITY INTEREST
mortgagee may NOT HAVE possession before foreclosure.
TITLE THEORY
Under the title theory, legal title is in the mortgagee until
MORTGAGE IS SATISFIED OR FORECLOSED
INTERMEDIATE THEORY
legal title is in the mortgagor until
DEFAULT THEN LEGAL TITLE IN ME ME CAN DEMAND POSSESSION AT ANY TIME
Mortgagor Consent and Abandonment
Me can take possession
Risks of Mortgagee in Possession
Most mortgagees do not wish to take possession because of the risks of liability
DUTY TO ACCOUNT FOR RENT
DUTY TO MANAGE PROP IN PRUDENT MANNER
LIABILITY FOR INJURY TO THIRD P ON PROPERTY
Receiverships
Most mortgagees attempt to intercept the rents before foreclosure by getting a receiver appointed by the court to manage the property. Courts will generally appoint receivers WHEN
WASTE IS OCCURRING
THE VALUE OF PROP INS
UFFICIENT TO SECURE DEBT
MOR INSOLVENT
FORECLOSURE
all states allow judicial sale, some states allow nonjudicial sale BY POWER OF SALE USUALLY DEED OF TRUST
FORECLOSURE SALE BY AUCTION
FINANCING
MORTGAGE
could be done with deed of trust, installment land contract, absolute deed, or sale-leaseback.
DEFAULT
Mortgagee has right to FORECLOSE Up until the foreclosure sale, borrower may REDEEM BY PAYING OFF MORTGAGE and accrued interest (equitable redemption).
clogging the equity of redemption” refers to the rule that a borrower’s right to redeem his own mortgage cannot be waived in the instrument itself. Here, there is nothing to indicate that the owner’s deed of trust
clogging the equity of redemption” refers to the rule that a borrower’s right to redeem his own mortgage cannot be waived in the instrument itself. Here, there is nothing to indicate that the owner’s deed of trust prohibited him from redeeming the property prior to foreclosure. However, it is only through a statutory right of redemption that the owner would be able to redeem the property for $80,000 after the foreclosure sale had occurred.
FORECLOSURE BY SALE
PROCEEDS DISTRIBUTED ACCORDING TO SECURITY INTEREST
Post FORECLOSURE
If proceeds of sale are insufficient to satisfy debt, mortgagee can bring PERSONAL ACTION against borrower for DEFICIENCY
STATUTORY REDEMPTION
ONE HALF STATES
a fixed period (e.g., six months) after foreclosure by paying sale price (statutory redemption).
Redemption in Equity
At any time PRIOR to the foreclosure sale,
the note or mortgage contains an acceleration clause, FULL BALANCE DUE
This right cannot be WAIVED iIN THE MORTGAGE itself.
Foreclosure does not destroy any interests senior to the interest being foreclosed. Destroys JR INTERESTS
FAILURE TO INCLUDE A JR INTEREST HOLDER in a foreclosure action results in PRESERVATION of that party’s interest.
Modification of Priority
Although priority among mortgages is generally determined by CHRONOLOGY, this priority may be CHANGED BY i) the operation of the recording statute iIF A PRIOR ME FAILS TO RECORD; (ii) a SUBORDINATION AGREEMT between a senior and junior mortgagee;
(iii) a PURCHASE MONEY MORTGAGE; (iv) the MODIFICATIONOF A SENIOR MORTGAGE (junior mortgage has priority over the modification); or (v) the granting of OPTIONAL FUTURE ADVANCES BY A ME WITH NOTICE OF A JR LIEN (junior lien has priority over advances).🍎🍎🍎🍎🍎🍎🍎
Purchase Money Mortgages
A purchase money mortgage (“PMM”) is a mortgage given in exchange for funds used to purchase the property. PMMs are given either to the seller as part of the purchase price or to PMMs HAVE PRIORITY OVER LIENS AND OTHER MORTGAGES AND OTHER CLAIMS THAT against the mortgagor that arise prior to the mortgagor’s acquisition of title.
However, subsequent mortgages or liens may defeat PMM priority by operation of the recording acts. As between two PMMs, a SELLERS MORTGAGE generally has PRIORITY over a third party’s. If there are TWO THIRD PARTY PMM priority is determined by CHRONOLOGICAL ORDER Usually two PMMs have notice of the other’s existence; thus, the recording acts are of no use in determining priority.
Proceeds of Sale
Proceeds are applied first to the EXPENSES OF THE SALE ATTORNEYS FEES COURT COSTS
then to PRINNCIPAL ACCRED INTERNISTS
JUNIOR INTERESTS in the order of their priority; and finally to the MORTGAGOR
DEFICIENCY JUDGEMENT
PROCEEDS INSUFFICIENT TO SECURE DEBT MOR PERSONALLY LIABLE
INSTALLMENT LAND K
Many installment contracts provide for forfeiture rather than foreclosure TO AVOID THIS MANY CTS PROVIDE Equity of Redemption.
GRACE PERIOD TO PAY FULL AMOUNT AFTER DEFAULT
RESTITUTION. ME RETURNS MONEY ABOVE DAMAGES REFUND AMOUNT ABOVE DAMAGES
TRAT INSTALLMENT LAND K AS MORTGAGE
🍎🍎🍎🍎🍉REQUIRES FORECLOSURE
IF VENDOR ACCEPTS LATE PAYMENT constitutes a waiver OF THE RT OF STRICT PERF
To reinstate strict performance,
the vendor must send the purchaser NOTICE OF HIS INTENT TO DO SO and must
ALLOW A REAS TIME for the purchaser to make up any late payments.
ELECTION OF REMEDIES
VENDOR MAY GER DAMAGES OR SPECIFIC PERF
An owner of real property has the exclusive right to use and possess the surface, the airspace, and the soil of the property.
RTS INCIDENTAL TO OWNERSHIP OF LAND
RT TO HAVE LAND SUPPORTED IN ITS NATURAL STATE BY ADJOINING LAND
STRICTLY LIABLE IF EXCAVATION CAUSES ADJACENT LAND TO SUBSIDE
ADJACENT LANDOWNER 🍎STRICTLY LIABLE FOR DAMAGE TO LAND and BUILDINGS IF LAND IN NATURAL STATE WOULD SUBSIDE OTHERWISE ONLY IF EXCAVATION DONE 🍎NEGLIGENTLY
Subjacent Support
An underground occupant of land (e.g., a mining company) must support the surface and buildings EXISTING ON THE DATE SUBJACENT ESTATE CREATED Liability for subsequently erected buildings requires NEGLIGENCE
JUDGEMT creditor
creditor Is not protected from a prior unrecorded conveyance even if he obtains a JUDGEMT lien on Ds real prop and files the JUDGEMT in the county where prop located
JUDGEMT creditor not PROT by recording statute from a prior unrecorded conveyance
CL FIRST IN TIME PREVAILS IF grantor conveyed the same property twice,
PROT BFP FROM SECRET INTEREST
BfP SUBSEQ Purch WITHOUT NOTICE PROT FROM PRIOR CONVEYANCE
PROT GE AGAINST SUBSEQ BFP
Any instru- ment creating or affecting an interest in land can be recorded, provided it is acknowledged by the grantor before a notary public.
Notice Statutes
Under a notice statute, a subsequent BFP (person who pays value and has no notice of the prior instrument) prevails over a prior grantee who failed to record. The key is that the subsequent purchaser had no actual or constructive notice at the time of the conveyance.
SUBSEQ BFP FOR VALUE WITHOUT NOTICE
It is irrelevant whether A recorded after January 15 and before B recorded, because B had no notice at the time he took.
the subsequent BFP is protected regardless of whether she records at all.🍋🍋🍋🍋
Race-Notice Statutes
Under a race-notice statute, a subsequent BFP is protected only if she takes without notice and records before the prior grantee.
RACE NOTICE
O conveys to A on January 1. A does not record. O conveys to B on January 15 for valuable consideration. B has no notice of the conveyance to A. A records on January 18. B records on January 20. A prevails over B because B did not record first.
Race Statutes
Under a pure race statute, whoever records first wins. Notice is irrelevant. Very few states have such statutes
GE WHO RECORDED FIRST PREVAILS
Wild deed a recorded deed not connected to chain of title does. Not give constructive notice bec a SUBSEQ purchaser could not find it A RECORDED DEED
O conveys Blackacre to A. A does not record. A conveys it to
B, and B records. O conveys Blackacre to C. C does not have notice of B’s claim.
Deed recorded late
After GOR IS SHOWN TO HAVE PARTED W TITLE IN NOT CONSTRUCTIVE NOTICE
P
Deed recorded b4 GOR OBTAINS TITLE BUT CONVEYS AND GETS TITLE LATER
MOST CTS SAY NO CONSTRUCTIVE NOTICE BFP WINS DEED NOT IN HIS CHAIN OF TITLE
Minority says deed by estoppel
Deed by estoppel gor purports to convey estate she does not own if SUBSEQ AQUIRES estates it insures to the benefit of GE
Where conveyance was by warranty deed or where deed purported to convey PARTIC estate. It is. Not applicable to QUITE CLAIM DEEDS
BUT IF GOR CONVEYS HER AFTER AQUIRED TITLE TO A BFP FOR VALUE. THE BFP WILL PREVAIL OVER GE
Deed in Chain Referring to Instrument Outside Chain
Reference to another instrument in a recorded document that is in the chain of title may impart constructive notice of the instrument referred to—even if it is unrecorded or not itself in the chain of title.
e) Restrictive Covenants—Deeds from Common Grantor NO NOTICE
Courts are split on whether deeds to adjacent lots or lots in a subdivision, executed by the same grantor and containing restrictions and easements involving the subject lot, are within the chain of title of the subject lot. The better view is that they are not.
RECORDING
AT CL IF GOR CONVEYED HER ESTATE TWICE FIRST IN TIME
Recording acts PROT BFPs from secret interests previously created
Mechanism for earlier Ge to give notice
Ge records his deed to put SUBSEQ purchasers on notice
Recordation gives constructive notice to everyone so no SUBSEQ bfp
Any instrument creating or afffecting int in land can be recorded acknowledge by GOR b4 notoryon
Watercourses rivers lakes streams
Det allocation of water for watercourses
RIPARIAN PRIOR APPROPRIATIONS
Riparian WATER BELONGS TO THOSE WHO OWN THE LAND BORDERING WATERCOURSE
Riparian RIGHTS ATATCH TO ALL CONTIGUOUS TRACTS W SAME OWNER 🍎🍎AS LONG AS ONE PARCEL Abuts the WATER
RIPARIAN
1 NATURAL FLOW
IF DIMINUTION OF WATER VELOCITY QUANTITY QUALITY CAN ENJOIN
REASONABLE USE RIPARIAN OWNERS CAN MAKE REAS USE OF WATER AS LONG AS USE DOES NOT SUBSTANTIALLY INTERFERE W THE REAS USE OF OTHER RIPARIAN OWNERS One OWNERS USE IS 🍎🍎NOT ENJOINABLE 🍇UNLESS IT SUBSTANTIALLY INTERFERES W OTHERS REAS USE 🍇UTILITY OF USE VS GRAVITY OF HARM 1 EXTENT OF USE 2 PURPOSE OF USE 3 POLUTION 4 ALTERATION OF FLOW 5 miscellaneous conduct that may lead to litigation 6 DESTINATION OF WATER TAKEN
NATURAL VS ARTIFICIAL USE
NATURAL HUMAN CONSUMPTION GARDENING PREVAILS OVER ARTIFICIAL IRRIGATION MANUFACTURING
PRIOR APPROPRIATION DOCTRINE
RTS AQUIRED THROUGH ACTUAL USE
APPROPRIATIVE RTS DET THROUGH PRIORITY OF BENEFICIAL USE. IF DECREASE IN FLOW PRIORITY ACCORDED BY TIME OF APPROPRIATION
GROUND WATER
ABSOLUTE OWNERSHIP
O OF OVERLYING LAND CAN USE WATER FOR ANY PURPOSE EVEN EXPORT
REAS USE
MANY EASTERN STATES FOLLOW THIS LIKE ABSOLUTE OWNERSHIP BUT EXPORT ONLY ALLOWED IF DOES NOT HARM OTHER OWNERS WHO HAVE RTS IN SAME AQUIFER
CORRELATIVE RTS OWNERS OF OVERLYING LAND JT T OF WATER BASIN. Each ALLOWED REAS AMOUNT FOR OWN USE
APPROPRIATIVE RTS DOCTRINES IN WESTERN STATES PRIORITY OF USE NOT OWNERSHIP OF OVERLYING LAND IS DETERMINATIVE
Restatement approach SURFACE OWNER MAY PUMP GROUND WATER UNLESS IT UNREAS HARMS NEIGHBORING LANDOWNER
Exceeds the pumpers REAS SHARE
🍎DIRECTLY and SUBSTANTIALLY EFFECTS SURFACE WATERS
And UNREAS HARMS SURFACE WATER USERS
Surface water can use for any purpose questions if change natural flow
NATURAL FLOW
CAN NOT ALTER NAT FLOW NOW CAN MAKE REAS CHANGE
COMMON ENEMY CAN GET RID OF WATER
TO PROTECT LAND PROHIBIT UNNECESSARY DAMAGE TO NEIGHBORING LAND
REAS USE UTILITY OF USE VS GRAVITY OF HARM
Water can be captured diverted for any purpose unless MALICIOUS
RT TO AIRSPACE NOT EXCLLUSIVE BUT O ENTITLED TO FREE FROM EXCESSIVE NOISE
The possessor of real property has the right to exclude others. His remedies for invasions include actions for:
- Trespass (land invaded by TANGIBLE PHYSICAL OBJECTS
- Private nuisance (land INVADED BY INTANGIBLES such as odors or noise);
- Continuing trespass (land repeatedly REPEATEDLY INVADED BY TRESPASSER and
- Ejectment or unlawful detainer to remove a tTRESPASSER OR T This action can be joined with a demand for money damages.
COOPS CORP LEASES TO SHAREHOLDERS RESTRAINT ON ALIENATION
ZONING CITIES AND CTYS CAN IF AUTH BY STATE ENABLING ACT STATE MAY ZONE TO PROT HEALTH SAFETY MORALS WELFARE
Non CONFORMING USE AT TIME OF PASSAGE OF ZONING REG
AMORTIZATION GRADUAL ELIMINATION OF USE
SPECIAL USE PERMIT MUST BE OBTAINED EVEN THOUGH USE IS PROPER HOSPITAL FUNERAL DRIVE IN BUS
VARIANCE DEPARTURE FROM RESTRICTIONS BY ADMINISTRATIVE ACTIONS
Invalid ZONING REG NO REAS RELATION TO PUBLIC WELFARE DISCRIM. To RESTRICTIVE
BEYOND AUTH RACIAL DISCRIMINATION
UNCONSTITUTIONAL TAKINGS OR EXACTIONS UNLESS NUISANCE or PROP LAW PREVENTS USE
a. Denial of All Economic Value—Taking
UNLESS NUISANCE OR PROPERTY LAW PREVENTS USE WHEN AQUIRED PROP
DENIAL OF NEARLY ALL ECONOMIC VALUE BALANCING TEST 🍋SOCIAL GOALS OF REG 🍋DIMMINUTION OF VALUE OF PROP 🍋WHETHER THE REG SUBSTANTIALLY INTERFERS W DISTINCT INVESTMENT BACKED EXPECTATIONS
TEMP DENIAL OF ALL ECONOMIC USE
🍋NOT A PER SE TAKING CTS WILL LOOK AT 🍋🍋. 🍞PLANNERS GOOD FAITH
🍋REAS EXPECTATION OF OS
🍋THE LENGHT OF DELAY
🍋
🍇DELAYS EFFECT ON VALUE OF PROPERTY
🍋IN ORDER TO DET WHETHER fairness AND JUSTICE REQUIRE JUST COMPENSATION
REGS THAT DECREASE ECONOMIC VALUE ++++PROHIBITS MOST BENEFICIAL USE
🍇🍇DO NOT AMOUNT TO A TAKING IF 🍋LEAVE-ECONOMICALLY VIABLE USE
CTs 🍋LOOK AT
🍋SOCIAL GOALS
🍋DIMINUTION OF VALUE OF PROP
🍋WHETHER REG SUBSTANTIALLY INTERFRE W OWNERS DISTINCT INVESTMENT BACK EXPECTATIONS
Unconstitutional exactions
Landowner MUST GIVE UP LAND FOR PUBLIC USE IN EXCHANGE FOR ZONING APPROVAL OF PROJ UNCONSTITUTIONAL UNLESS GOVT PROVES ITS DEMANDS ARE RATIONALLY CONNECTED TO ADDITIONAL BURDEN placed ON PUBLIC FACILITIES AND LAND FOR PUBLIC USE REAS RELATED TO IMPACT OF THR PROPOSED DEVELOPMENT ROUGH PROPORTIONALITY
TAKING UNLESS GOVT CAN SHOW
🍋LEGIT GOVT INTEREST
🍋THE ADVERSE IMPACT OF THE PROPOSED DEVELOPMENT IS ROUGHLY PROPORTIONAL TO LOSS TO O FROM THE FORCED TRANSFER
🍋GIVE UP LAN
I
Holdover t remains on premises after lease expired
The
