Property

Question 1

What are the three free hold estates?

What do you need to know with respect to these three estates?

Answer 1

Fee simple absolute

The defeasible fees

The life estate

(1) What language creates?
(2) What are there distingushing charactersitics? - (a) deviasble? - by will?(2) descendible? - by statutes of intestacy if holder dies without will? (c) alienable - is it transferable inter vivos during holder’s lifetime?
(3) Which future interests, if any, is the estate capable of?

Question 2

How is a fee simple absolute created?

What are the distinguishing characteristics?

To A or to A and his heirs. A is alive and well. What do A’s heirs have?

Answer 2

” To A” or “ To A and his heirs”

Absolute ownership of potentially infinite duration. It is freely alienable, devisable, and descenible.

Nothing, only A has absolute ownership. A living person has no heirs.

Question 3

What does defeasible mean?

How is a fee simple determinable created?

What are the distinguishing characteristics of a fee simple determinable?

Is there an accompanying future interest?

Answer 3

Capable of forfeiture.

“To A, so long as” “To A, Untill” - Look for clear duraitonal language.

(3) devisable, descendible, and alienable but always subject to the condition.

The possibility of reverter in the grantor. - FSDPOR frank sinatra didnt prefer orville redonbocker.

Question 4

How is a fee simple subject to condition subseuqent created?

What are it’s distinguishing characters?

What is the accompyning future interest?

Answer 4

(1)”but if X event occurs, (2)grantor reserves right to re- enter and retake” (1) clear durational language (2) grantor’s right of reentry.

Unlike fee simple determinable, it is not automatically terminated.

The right of reentry - power of termination.

Question 5

How is a fee simple subject to executory limitaiton created?

What are its distinguishing characteristics?

What are the accompyining future interest?

Answer 5

” but if X event occurs, then to B”.

Just like a fee simple determinable, but if condition is broken, than the esate is automatically forfeited in favor of someone other than the grantor.

The shifting executory interest.

Question 6

What are the the two important rules of construction for defeasible fees?

Answer 6

(1)”words of mere desire, hope, or intention are insufficent to create a defeasilbe fee”.

Courts will not find a defeasible fee unless clear durational language is used. - “purpose, hope, expectation” - this is a fee simple absolute.

(2) Absolute bans on alientaion are void. - reasonable time - limited purposes are allowed though.

Question 7

How is a life estate occured?

What is a life estate pur autre vie?

What are the accompying future interest?

What are its distinguishing characterisitcs?

What are the three types of waste?

Answer 7

Must be measured in explicit lifetime terms.

A life estate measured by the life of another.

If grantor - reversion, if someone else - remainder.

Life tenant gets ordinary uses and profits but cant commit waste.

(1) Voluntary (affirmitive) - actual overt conduct that results in drop of value.
(2) Permissive - neglect. - maintian premises and pay all ordinary taxes. if income, you pay fair market value. If no profit, you pay rental value.
(3) Ameliorative - cant make improvements unless all future interest owners are known and consent.

Question 8

What are the future interests capeable of creation in the grantor?

Answer 8

Possiblity of reverter - Fee simple determinable - FSDPOR

The right of reentry - Fee simple subject to condtion subsequent.

The Reversion - Transfers less than everything she has. - “life estate” or “To a for life, then b for 99 years”

Question 9

What are the future interests in transferees?

Answer 9

(1) a contingent remainder
(2) a vested remainder - (a) indefiasbly vested (b) vested remainder subject to complete defeasence (c) vested remainder subject to open.
(3) exectory interest - (a) shifting (b) springing

Question 10

What is a remainder?

When is a remainder contingent?

Answer 10

(1) sociable - it always accompying present estate
(2) patient and polite - dont cut short or divest prior taker. - waits for present life estate or term of years.
(1) created in an unascertained or unknown person(To A for life, then to B’s first child”. or (2) subject to unmet condition precedent OR both. (“To A for life, then if B graduates from college”).

Question 11

What is a vested remainder?

What are the three types of vested remainders?

What is the comma rule and when does it apply?

What is the rule of conveience and when does it apply?

Answer 11

A remainder when it is created in a known taker not subject to condition precedent.

(1) indefeasibly vested - certain to aquire in the future, with no strings attached.
(2) Vested subject to complete defeseance - could be cut short due to condition subsequent.
(3) Remainder subject to open. - vested in a group of takers but is open because more people, now unascertained, could also claim.

The comma rule - When conditional language in a transfer follows language that, taken alone and set off by commas, would created a vested remainder, then it is a condition subsequent.

Rule of convience - The class closes when any member can demand possession.

Question 12

What is an executory interest?

What are the two types of executory interests?

Answer 12

A future interest in a transfaree which is not a remainder because it either cuts short

(1)interest in another person (shifting) or

(2) in the grantor (springing).

Question 13

What is the RAP generally?

What is the four step approach to RAP?

What is the brightline rules on RAP?

What is the Cy pres doctrine?

Answer 13

Certain kinds of future interests are void if there is any remote possibilty that the given intrest could vest more than 21 years after the death of a measuring life.

(1) Is it a contingent remainder, executory interest, or one of the vested remainders subject to open?
(2) what has to happen for future interest holder to take?
(3) whos lives/deaths are relevant - Measuring life
(4) Will we know for sure that within 21 years of the death of the measuring life that the future holder(s) will take?

Court can reform grant to match grantor’s intent whlie abiding by RAP.

An executory interest with no limit on the time within which it must vest violates RAP. - “To A and his heirs, so long as it is not used for farming purposes, and if it is, then to B and his heirs.

Future interets in grantor are not covered.

Question 14

What are the elements of adverse possesion?

What is tacking?

Do disabilities of the owner affect owner?

Answer 14

COAH

(1) Continous
(2) Open and notorious - posession usual owner would make
(3) Actual - actual
(4) Hostile - exclsuive ownership, no sharing.

Remember possessor’s subjective state of mind doesnt mean shit- its objective.

One hostile party can tack their time onto another if their is privity. - any non hostile nexus - K, deed, will.

Yes, if disabled at time of start of adverse possesion.

Question 15

What are the three types of concurrent estates?

Answer 15

(1) joint tenancy - two or more own with right of surviorship
(2) Tenacy by the entirety - marital interest with right of surviorship
(3) Tenancy in common - two or more own without right of surviorship

Question 16

What are the distinguishing characteristics of a joint tenancy?

How do you create?

How do you sever?

Answer 16

(1) right of survivorship - if one dies, her share directly goes to the other.
(2) Alienability - joint tenant can transfer their share during their life
(3) not devisable or descenible. ***

T-TIP - (a) same time (b) same title (c) identical interests (d) possess and enjoy the whole (e) clear expression of right of surviorship.

Severance and partition

sale - but remember, one joint tenants sale severs the JT with respect to her intrest, but not the rest of them amonst themselves.

Partition - (a) voluntary agreement (b) paritition in kind(a physical action for divsion of the property if in best intrests of party. think alot of acre (c) judicial forced sale.

Question 17

How is a tenancy by the entirety created?

What does it prevent?

Answer 17

It arises presupmtively unless clear contradiction in conveyance.

(a) Creditor of one spouse cant go after the house (b) unilateral conveyance.

Question 18

What are the two features of a tenancy in common?

what are the rights and duties of co - tenants?

Answer 18

(1) both have right to possess whole
(2) each interest is devisable, descenible, and alienable.

Each can enjoy whole

Exlcusive possession, abscent ouster, doesnt entitle other to rent.

Tenant who leases their part must account to co tenants, giving them their fair share of rental income.

Repairs are shared according to ownership.

No contributions for unilateral improvements during life but improver gets credit/dimunition for value increase/decrease at partition.

No waste during life of tenancy - recall three types of waste.

Question 19

What are the four nonfreehold estates?

Explain how each can be created and how are they terminate?

Answer 19

tenancy for years - fixed, determined period of time.

periodic tenancy - successive intervals untill approapriate notice to terminate. - created expressly or by implication( no mention of duration but provision for payment on specific date or an oral term of years in violatoin of SOF, holdover tenants). To terminate, notice, in writing,according to interval. (Year to year = one month).

tenancy at will- tenancy for no fixed period. - terminable at will.

tenancy at sufferance - short lived, wrongful tenant is deemed tenant in sufference untll evicted or held over by landlord.

Question 20

What are a tenant’s primary duties?

What is the law of fixtures?

How do you decide what a fixture is?

Answer 20

(1) repair - when lease is silent, they only have a duty to maintain(routine repair other than wear and tear). - clogged toilet vs yellow tiles. When expressly covenants, then at common law, T is liable for all loss(including natural disastor).
(2) rent - When in possession, either (a) move to evict or (b) sue for rent. - however, landlord cannot engage in self help.

When not in possession (a) surrender (b) ignore and hold responsible for rent (c) re - let the premises on the wrong doers behalf, and hold the wrong doer tenant liable for any defiency.

(3) no waste.

When tenant removes a fixture, she is liable for affirmitive waste because fixtures pass with ownership of the land. (heating systems, custom strom windows, certain lighting installations)

REMEMBER - if no express agreement on fixture, then tenant can remove unless it causes substantial harm, because if it does, its objectively a fixture that runs with ownership.

Question 21

What are a landlord’s duties?

How may the tennt breach duty #2?

When can landlord be liable for acts of other tenants?

Answer 21

(1) Duty to deliver actual physcial possession
(2) Implied covenant of quiet enjoyment - (1) wronful eviction and (2) construction eviction - SING

Substantial interference

Notice

Goodbye

(1) nusiance and (2) must control common areas.
(4) Implied warranty of habitability - must be fit for basic human dwelling. - T’s rights are Move, repair, reduce(escrow), remain.

Question 22

What is privy of estate?

Are L and T2 in privy of K?

Are L and T1 in privy of estate?

Answer 22

After an assignment from T1 to T2, promises run with the land so L and T2 are liable to one and another.

No.

No, but are in privy of contract, thus, if T2 is liable to L for something, then T1 is liable if T2 cant pay or is unavailable.

Question 23

What are the relatonships during a sublease?

Answer 23

L and T1 remain fully intact. If T2 refuses to pay, L goes after T1 and T1 goes after T2. If warranty of habitabity claim, T2 goes after T1 and T1 goes after L.

Question 24

What is L’s common law duty under tort?

What are the exceptions to the general rule?

Answer 24

Generally no duty. “ Tenant beware”

CLAPS

Common areas

Latent defects rule - L must warn T of hidden defect when L has knowlege to know

Assumption of repairs - no duty to make repairs, but once started, must complete with reasonable care

Public use- leasing public space

Short term lease of furnished dwelling.

Question 25

What is an easement and provide some examples?

Answer 25

An easement is a grant of a nonpossory property interest that entitles its holder to some form of use or enjoyment of another’s land.

Right to lay utility lines

Right of way

Right to tap neighboors drain.

Question 26

What is the difference between an affirmitive easement and negative easement?

When are negative easements permissable?

Answer 26

Affirmitive - right to do something

Negative - Prevents servient landowner from doing something that would otherwise be permissable. - LASS

Light, Air, Support, Streamwater from artificial flow. -Minority allows negative easement from scenic view.

Question 27

How is a negative easement created?

Answer 27

Expressly by the grantor.

Question 28

What is an Appurtenant easement? What two lands are involved? How is it transferred?

When is an easement in gross? How is it transferred?

Answer 28

Benefits holder in his physical use or enjoyment of his property.

Dominant tenement- benefit and Servient tenement - burden.

Automatically with dominant tenement, regardless of mention in conveyance. The burden on the servient state also passes automatically unless there is a BP without notice of easement.

Confers upon holder only some personal or pecuinary advantage not related to use or enjoyment of his land. - Here, there is a servient land but not a dominant land.

Not automatically unless for commerical purposes.

Question 29

How is an affirmtiive easement created?

Answer 29

PING

(1) prescription - COAH - Adverse possession. ( actual use does not need to be exclusive).
(2) Implication - (1) previous use is apparent, (b) Parties expected that the use would survive partition.
(3) Neccessity - When grantor conveys portion of its land with no way out. - THINK LANDLOCKED.
(4) Grant - in writing

Question 30

How is an easement terminated?

Answer 30

END CRAMP

(1) Estoppel - servient estate changes position materially based on assurance from holder that they will no longer enforce.
(2) Necessity - Easements created by N, expire when no longer necessary unless reduced to express grant.
(3) Destruction - unwillful destruction of servient land.
(4) Condemnation - governmental eminent domain power.
(5) release* - written release by holder
(6) *Abandonment- physcial action showing intent to never use again. (not mere nonuse, or mere words).
(7) Merger - When title to easement and title to servient land become vested in same person
(8) Prescription - COAH

Question 31

What is a license?

Are writings required for licenses?

When can a license be revoked?

What is a ticket?

What is the neighboor talking by the fence rule?

When does estoppel apply to bar revocation?

What is a profit? What are the rules for creating and terminanting?

Answer 31

Privilege to enter another’s land for designated use.

No, not subject to SOF.

Freely revocable unless estoppel applies.

Freely revocable license.

Oral offer of easement, which violates SOF, creates a license.

Licensee has invested substantial money or labor in reasonable reliance.

Entitles holder to enter servient land and take soil or product from soil. Same for easements.

Question 32

What is a covenant?

What is an equitible servitude?

How do you decide, which to apply?

Answer 32

Promise to do or not do something related to land. - Contractual limitation or promise regarding land. Can be either restrictive vs affirmative.

Equitible servitutude - Promise that equity will enforce against successors.

Injuction - ES.

Money damages - Covenant.

Question 33

When does a covenant run with the land?

When analyzing whether P can succeed on covenant claim, what do you do?

Answer 33

Capable of binding successive parties.

(1) Does burden of A’s promise to B run from A to A-1? - THINK WITHN - (1) Writing, (2) Intention (3) Touch and concern(affects legal relations as landowners (4) Horizontal and Vertical Privity (5) Notice.

Horizontal Privity - Nexus between orginial promising parties which requires succession of estate - meaning they must have been in grantor/ grentee or landlord/tenant or mortgage/mortgee relationship when covenant was created. - Hard to establish

Vertical privity - nexus between A and A-1- all it require is non - hostile nexus such as contract, devise, or descent.

Notice - A1 must have had notice when they took.

(2) Does the benefit of A’s promise run from B to B-1?

WITV - (1) Writing, (2) intent (3) Touch and concern (4) vertical privity.

Question 34

What is an equitble servitude?

When is it triggered?

How is it created?

When is an ES implied?

What is the defense to enforcement of ES?

Answer 34

A promise that equity will enforce against sucessors.

Injunctive relief sought.

WITNES - (1) writing, not always though (2) Intent (3) Touch and concern (4) Notice (5) Equitible servitude. - No privity required.

Think general scheme doctrine - Non restricted lot will be enjoined if (a) the subdivider had a general scheme of residential development which included D’s lot and (b) defendant lot holder had notice of promise contained in other deeds when it took. To determine notice , think AIR

Actual notice

inquiry notice - neighboorhood conforms to common restriction

record notice

changed conditions doctrine - mere pockets of limited change is never enough.

Question 35

What are the two steps in purchasing and selling of real estate?

Answer 35

(1) The land K, which grants equitible title which endures until step 2
(2) The closing - where the deed passes legal title and becomes operative.

Question 36

What is required under the SOF for a land K?

What is the exception to the SOF

What is the doctrine of equitible destruction?

What are the two implied promises in a land K?

Answer 36

Writing, signed by the party against whom enforcement is sought, description of the land, supported by consideration.

The doctrine of part performance - (1) improvement, (2)possession (3) significant or all price. - you need 2 of 3.

Equity regards done what ought to be done - so, once K is signed, buyer is equitible owner. - Think, Blackacre is destroyed in between K and and title, Buyer bares cost.

(1) Seller is providing marketable title - no AP, Encumberances or, Zoning violations. and (2) no false statements of material fact.

Question 37

What does a deed do and how must that be accopmlished?

How is prong 2 met?

Does an oral condition transfarred with an absolute deed remain?

Answer 37

LEAD - Lawfully executed and Delivered

Standard for delievery is - Did grator have present interest to be bound, irrespective of wheter or not deed was literally handed over to grantee? However, remember that rejection defeats delievery.

No.

Question 38

What are the three types of deeds and their respective covenants?

Answer 38

Quitclaim - no covenants- Grantor isnt even promising that he has deed to convey - this is shit.

The general warranty deed - warrants against all defects in title, including those attibutable to grantor’s predeccsors. Contains - (a) covenant of seisin, (b) right to convey, (c) against encumbrances. as well as future covenants (d) quiet enjoyment (e) warranty - defends grantee should there be any superior claims of title (f) further assurances - promises to do whats needed to perfect grantee’s title if it later turns out to be imperfect.

The special warranty deed - same covenants as general warranty deed, but here the grantor makes those promises only on behalf of itself.

Question 39

What is the one key fact signal that lets you know you are dealing with recording question?

What are the two bright line rules?

What is a bona fide purchaser?

Answer 39

Dirty double dealer.

If b is a bona fide purchaser, and we are in a notice jurisidction, B wins, regardless of whether or not she records before A.

If B is a bona fide purchaser and we are in a race - notice jurisdiction, B wins if she records properly before A does.

(1) Buys for value- substantial pecuniary value (2) without notice that someone got there first. Notice - AIR - Actual, inquiry(what would inspection reveal?, Record.

Question 40

How does one give record notice to subequent buyers?

What is the shelter rule?

What is the problem of the wild deed?

What is the doctrine of estoppel by deed?

Answer 40

Recorded properly within the chain of title.

One who takes from a BFP will prevail against any entity that the transferor BFP would have prevailed against.

A wild deed, which is entered on the record but has a grantor unconnected to the chain of title is incapable of giving record notice. ex - O to A, no record. A to B, record = wild deed.

One who conveys realty which he doesnt own is esopped by denying its validity if he subsequently aquiers title that he previously purported to transfer.

Question 41

How do you create a mortgage?

What is the difference between a purchase money vs. Non- purchase money mortgage?

Answer 41

(1) debt
(2) A voluntary transfer of a lein, to collaterilize the debt.

Extension of value by a lender who takes as collateral a security interest in the very real estate that its loan enables the debtor to buy.

Question 42

Do recording statutes protect mortgagees?

Who is personally liable when mortgagor(debtor) sells land?

Answer 42

Yes.

“assumed mortgage” both are liable. Buyer is personally liable but original debtor is secondarily liable.

“subject to” - buyer not liable. However, if propertly recroded, it runs with land, so if original debtor cant pay, creditor can foreclose.

Question 43

How do you foreclose?

What happens if sale of collateral doesnt satisfy?

When multiple creditors, how are they paid?

Does foreclosure extinguish junior interests? Senior?

Answer 43

Proper judical proceeding.

Mortgagee asks for deficieny action.

by priority, in full.

Yes - after the money is satisfied, junior lein holders who didnt get paid cant go after blackacre, only the debtor.

No - they can go back and try and satisfy from blackacre.

Question 44

What is a variance and what must the proponent of a variance show?

What happens when a zoning ordiance makes a conforming use nonconforming?

What is cumulitive zoning?

What is non- cumulitive zoning?

Answer 44

(1) undue harship (2) wont make neighboor’s property values drop.

Government must pay you just compensation.

Creates heigharcy of uses of land, where single family is the highest. Thus, any use of land permitted for one use is also allowed for any higher use.

Land may only be used for the purpose for which it was zoned.

Question 45

Does a prohibition on assignment of a lease also prevent sublease?

Answer 45

no - restrictions on aienation are strictly construed.