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California Bar > Property > Flashcards

Property Flashcards

Master property law for the California bar

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1
Q

Joint tenancy - creation

A

T-TIPS!

Four unities:

  • Time: JTs must take at same time
  • Title: JTs must take by same title
  • Interests: JTs must have identical interests
  • Possession: JTs must have right to possess whole

With:
- Survivorship: JTs must have right of survivorship

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2
Q

Joint tenancy - severance

A

SPAM!

  1. Sale
    - Remember equitable conversion
    - To the extent that JT has more than two joint tenants the JT remains intact as between the other, non-transferring joint tenants
  2. Partition
    - By voluntary agreement, partition in kind, forced sale
  3. Atypically, Mortgage
    - Mortgage severs only in minority title theory jurisdictions
    - To the extent that JT has more than two joint tenants the JT remains intact as between the other, non-mortgaging joint tenants
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3
Q

Landlord-tenant - tenant’s duties

A
  1. Duty to repair
    - Not commit waste; if premises destroyed w/o fault, no duty to fix but under trad. rule, still liable for rent (modernly, can terminate)
    - If T covenants to repair, enforceable in commercial lease; in residential lease, cannot waive implied warranty of habitability
  2. Duty not to use for illegal purposes
  3. Duty to pay rent
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4
Q

Concurrent estates - co-tenants’ rights & duties

A
  1. Possession: each co-T has right to possess whole but no right to exclusive possession of any part
  2. Rents and profits:
    - Co-T in possession has right to retain profits from own use of property
    - Must share net rents from 3Ps and net profits from exploitation of land
  3. Encumbrances: each co-T can encumber only his own interest
  4. Expenses
    - Co-T who repairs entitled to contribution for any reasonably necessary repairs, so long as she gave notice
    - Co-T who improves not entitled to contribution but at partition gets credit/liability for value change
    - Co-Ts responsible for fair share of taxes or mortgage interest payments
  5. Waste: Co-Ts must not commit waste.
  6. Partition: each co-T may bring action for partition
  7. Fair dealing: confidential relationship; no AP absent ouster
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5
Q

Landlord-tenant - landlord’s duties

A
  1. Duty to deliver possession
    - Majority (“English”) rule: physical
    - Minority (“American”) rule: legal
  2. Implied covenant of quiet enjoyment
    - Actual, partial, constructive eviction
  3. Implied warranty of habitability
    - Residential leases only
  4. Retaliatory eviction
    - Eviction 90/180/etc. days after T exercises rights
  5. Discrimination
    - Civil Rights Act 1866; Fair Housing Act
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6
Q

Landlord-tenant - landlord’s duties - quiet enjoyment

A

Actual eviction: If LL, paramount title holder, or hold-over T excludes T entirely, terminates T’s rent obligation

Partial eviction: If LL excludes T in part, terminates T’s rent obligation; if paramount title holder excludes T in part, apportions T’s rent

Constructive eviction: If LL’s actions/failure to act per duty render property uninhabitable, terminates T’s rent obligation if T gives LL notice, LL fails to act, and T vacates w/in reasonable time
- LL not liable for other Ts, but must control common areas and not allow nuisances

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7
Q

Landlord-tenant - landlord’s duties - implied warranty of habitability

A

Premises must be fit for basic human dwelling; if not:

  • Move
  • Repair and deduct cost from rent
  • Reduce or w/hold rent until court determines fair rental value (usu. must place rent in escrow)
  • Remain in possession, pay rent, and sue for damages
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8
Q

Landlord-tenant - tenant’s duties - duty to pay rent

A

If T breaches and is in possession:

  • Evict through courts (T becomes tenant at sufferance and is liable for rent until vacates)
  • Sue for rent

T breaches but is out of possession - SIR:

  • Surrender: accept surrender, releasing T from duty; must confirm in writing if lease longer than yr
  • Ignore: hold T responsible for rent; only available in minority of states
  • Re-let: hold T responsible for deficiency
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9
Q

Landlord-tenant - landlord’s tort liability

A

CLAPS!

  • Common areas: LL must maintain
  • Latent defects: LL must warn if knows/should know
  • Assumption of repairs: LL liable if voluntarily makes repairs negligently
  • Public space: LL who leases public space (e.g., convention hall, museum) and who should know because of nature of defect and length of lease that T will not repair is liable for any defects
  • Short term lease of furnished dwelling: LL liable for any defects which harm T
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10
Q

Servitudes - easements - creation

A

PING!

  • Prescription
  • Implication: implied from prior use; at time land is severed, a use of one part existed from which it can be inferred that an easement permitting its continuation was intended
  • Necessity: division of a tract deprives one lot of means of access out
  • Grant: writing signed by grantor
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11
Q

Servitudes - easements - termination

A

END CRAMP!

  • Estoppel: Servient owner materially changes position in reasonable reliance on easement holder’s assurances that easement won’t be enforced
  • Necessity: Easements created by necessity expire w/ necessity
  • Destruction: Condemnation or destruction of the servient land, other than through the willful conduct of the servient owner
  • Conditions: Original easement may specify conditions for termination
  • Release: Deed of release from easement holder to servient owner
  • Abandonment: Easement holder demonstrates by physical action intent to never use easement
  • Merger: Same person acquires both easement and servient estate; most hold interest in servient estate greater or equal in duration to easement
  • Prescription: Servient owner interferes w/ easement in accordance w/ elements of AP
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12
Q

Servitudes - easements - definition

A

A nonpossessory property interest that entitles its holder to some form of use or enjoyment of another’s land, called the servient tenement

  • In gross
  • Appurtenant
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13
Q

Servitudes - real covenants - definition

A

A promise to do or not do something related to land; it is UNLIKE the easement because it is not the grant of a property interest, but rather a contract or promise regarding land

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14
Q

Servitudes - real covenants - requirements for burden and benefit to run

A 
Burden: WITCH NV
Benefit WIT(c) V
  • Writing: original promise between A&B in writing
  • Intent: A&B intended successors in interest to be bound; courts look to language in writing or infer from circumstances
  • Touch & Concern: restrict servient estate holder in use of land or impose duties that increase obligations of enjoyment
  • Notice: subsequent purchaser for value must have AIR notice
  • Horizontal privity: A&B must have shared interest in land independent of covenant (e.g., grantor-grantee, LL-T, mortgagee-mortgagor)
  • Vertical privity: non-hostile nexus between covenantor and successor in interest
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15
Q

Servitudes - equitable servitudes - requirements for burden and benefit to run

A

Burden: WITN(es)
Benefit: WIT

  • Writing: original promise between A&B in writing
  • Intent: A&B intended successors in interest to be bound; courts look to language in writing or infer from circumstances
  • Touch & Concern: restrict servient estate holder in use of land or impose duties that increase obligations of enjoyment
  • Notice: successor of promisor must have AIR notice
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16
Q

Servitudes - implied equitable servitudes - creation

A

Common scheme

  • Recorded plat
  • General pattern of restrictions
  • Oral representations to early buyers

Notice
- AIR

17
Q

Servitudes - real covenants - termination

A

a. Written Release
b. Merger of benefitted and burdened estates
c. Condemnation of burdened property

18
Q

Servitudes - equitable servitudes (including implied) - equitable defenses

A
  • Unclean hands, laches
  • Changed conditions: So pervasive that the entire area has changed
  • Acquiescence: Benefited party acquiesced in violation by burdened party
  • Estoppel: Benefited party acted in way that reasonable person would think abandoned
19
Q

Conveyancing - sale contract - requirements

A
  • The land contract must be in (i) writing, signed by the party to be bound, (ii) describe Blackacre, and (iii) state some consideration.
  • SOF exception: 2/3 PIP
20
Q

Conveyancing - sale contract - implied promises

A
  1. Seller promises to provide marketable title (no adverse possession, zoning violations, encumbrances)
  2. Seller promises not to make any false statements of material fact
    - Majority adds: Failing to disclose latent material defects. Seller is liable for material lies and material omissions
21
Q

Conveyancing - deed - requirements for interest to pass by deed

A

LEAD: Lawfully Executed And Delivered!

  1. Lawful execution: the deed must in writing signed by the grantor; need not described land perfectly but must contain an unambigous description and good lead
    - Note that ORAL conditions drop out
  2. Delivery: legal standard that inquires whether grantor had the present intent to be bound
22
Q

Conveyancing - deed - types of deed and covenants for title

A
  • Quitclaim: no covenants (but land sale K did promise marketable title)
  • General warranty deed: six covenants
  • Statutory special warranty deed: covenants that grantor hasn’t (1) transferred to anyone else or (2) made any encumbrances
23
Q

Conveyancing - deed - types of deed and covenants for title - covenants in general warranty deed

A

Present covenants: breached, if ever, at time of delivery
1. Seisin: grantor owns estate
2. Right to convey: grantor has power to transfer (under no disabilities; sound mind, requisite age, not subj. to temp. restraints on capacity to convey)
3. Against encumbrances: no servitudes or liens on estate
Future covenants: breached, if ever, only when grantee is disturbed in possession
1. Quiet enjoyment: Grantee won’t be disturbed in possession by a third party’s lawful claim of title
2. Warranty: grantor will defend grantee against any lawful claims of title brought by others
- QE/warranty VERY similar
3. Further assurances: grantor will do whatever is needed in the future to perfect the title if it turns out to be flawed

24
Q

Freehold estates and future interests - “To A [and his heirs]”

A
  1. Fee simple absolute
    - Absolute ownership.
    - Devisable, descendible, alienable
  2. Future interest: none
25
Q

Freehold estates and future interests - “To A, [while/until/so long as]…”

A
  1. Fee simple determinable
    - Potentially infinite, so long as event does not occur
    - NOTE: Words of mere desire, hope, or intention are insufficient to create a defeasible fee
    - Alienable, devisable, descendible, subject to condition
  2. Future interest: possibility of reverter, held by grantor
26
Q

Freehold estates and future interests - “To A, but if X event happens, grantor reserves the right to reenter and retake.”

A
  1. Fee simple subject to condition subsequent
    - Potentially infinite, so long as condition not breached and, thereafter, until holder of right of entry timely exercises power of termination
    - NOTE: Words of mere desire, hope, or intention are insufficient to create a defeasible fee
    - Alienable, devisable, descendible, subject to condition
  2. Future interest: right of entry/power of termination, held by grantor
27
Q

Freehold estates and future interests - “To A, but if X event occurs, then to B.”

A
  1. Fee simple subject to an executory limitation
    - Potentially infinite, so long as stated contingency does not occur
    - NOTE: Words of mere desire, hope, or intention are insufficient to create a defeasible fee
    - Alienable, devisable, descendible, subject to condition
  2. Future interest: executory interest, held by third party.
28
Q

Freehold estates and future interests - “To A for life” (OR: “To A for the life of B”)

A
  1. Life estate (OR life estate pur autre vie)
    - Measured by life of transferee (OR by some other life)
    - Alienable, devisable and descendible IF pur autre vie and measuring life is still alive
  2. Future interest: reversion (if held by grantor); remainder (if held by third party).
29
Q

Waste - types of waste

A
  1. Voluntary or affirmative waste: overt conduct that decreases value
    - For natural resources, can consume if PURGE satisfied (Prior Use before grant, to make Repairs, Grant, Exploitation is only suitable use of land)
  2. Permissive waste, or neglect: land falls into disrepair (must maintain)
  3. Ameliorative waste: acts that will enhance the property’s value, w/o consent of future interest holders, co-Ts, etc.
30
Q

Remainders - types

A
  • Vested: created in an ascertained person and is not subject to any condition precedent
  • Contingent: created in an unascertained person or is subject to a condition precedent, or both

California Bar (13 decks)

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