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Property Flashcards

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1
Q

Fee simple determinable

A
  1. Terminates on happening of stated event and automatically reverts to grantor
  2. Durational language: For so long as, while, during, until
  3. “For purpose of” insufficient
  4. Contains possibility of reverter
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2
Q

Fee simple subject to condition subsequent

A
  1. Grantor reserves right to terminate
  2. Upon condition that, Provided that, but if, if it happens that
  3. Right of entry
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3
Q

Fee simple subject to an executory interest

A
  1. Goes to a third party, not grantor

2. Terminates on stated event

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4
Q

Fee tail

A

Limited to lineal heirs

Most jdx abolished- just fee simple

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5
Q

Waste

A
  1. Affirmative
  2. Permissive
  3. Ameliorative
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6
Q

Affirmative waste

A

Exploitation of resources

Allowed when

  1. Necessary for repair and maintenance
  2. Land suitable only for such use
  3. Permitted by grantor
  4. Open mines doctrine- limited to mines already open
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7
Q

Permissive waste

A

Life tenant obligated to

  1. Preserve land and structures in a reasonable state of repair
  2. Pay interest on mortgages (not principal)
  3. Pay ordinary taxes on land
  4. Pay special assessments of short duration
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8
Q

Ameliorative waste

A 
Change that benefits property
Couldnt in common law but now can if:
1. Market value is not diminished
2. Remaindermen do not object
3. Substantial and permanent change in neighborhood conditions has deprived current form of usefulness
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9
Q

Indefeasibly vested remainder

A
  1. Existing and ascertained person
  2. Not subject to a condition precedent
  3. Right to possession upon termination of previous estate
  4. Not subject to divestment or diminution
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10
Q

Vested remainder subject to open

A
  1. In a class of persons

2. Subject to diminition

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11
Q

Vested remainder subject to total divestment

A
  1. Subject to a condition subsequent
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12
Q

Contingent remainder

A
  1. Created in unborn or unascertained persons

Or

  1. Subject to a condition precedent
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13
Q

Doctrine of worthier title

A

Remainder in grantor’s heirs is invalid and becomes a reversion in the grantor

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14
Q

Executory interests

A
  1. Future interests in third parties that

A. Divest a transferees preceding freehold estate( shifting)

B. Follow a gap in possession or cut short a grantor’s estate (springing)

Subject to RAP

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15
Q

RAP invalidity

A

Destroys only offending interest rest is saved

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16
Q

Restraints on alienation

A
  1. Disabling restraints - attempted transfers are ineffective - void
  2. Forfeiture restraints
  3. Promissory restraints
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17
Q

Restraints on fee simple

A
  1. Absolute restraint is void

2. Partial restraints- upheld for limited time and reasonable purpose

18
Q

Joint tenancy with right if survivorship

A 
1. Four unities
A. Time
B. Title
C. Interest
D. Posession
19
Q

Tenancy by the entirety

A

Marriage

Each spouse has undivided interest and right of survivorship

20
Q

Liens and mortgages on join tenancy

A

Dont sever survivorship until sol

21
Q

Exceptions to hold over doctrine

A
  1. Few hours over
  2. Few belongings left
  3. Severe illness/ not tenants fault
  4. Seasonal lease
22
Q

Constructive eviction

A
  1. Landlord breached duty to tenant
  2. Substantially and materially deprived tenant of use and enjoyment of premises
  3. Gave landlord notice and reasonable time to repair
  4. Tenant vacated premises
23
Q

Consequences of assignment

A
  1. LL and assignee in privity of estate- liable for rights and duties that run with land
  2. LL and tenant still in privity of contract
    But not estate- remains liable for rent
  3. Tenant can sue assignee for rent because privity of contract
24
Q

Consequences of sublease

A
  1. Time left after sublease
  2. Sublessee not liable to landlord
  3. Tenant still liable to landlord
  4. Sublessee only right from LL is habitability, not lease provisions
25
Q

Landlord tort liability

A 
A. Concealed dangerous condition
B. Common areas
C. Public use- knows of condition, knows public may come, doesnt repair
D. Furnished short term residence
E. Negligent repairs
F. Contracts to repair
26
Q

Easement appurtenant

A

Benefits holder in his use of another tract of land

27
Q

Easement in gross

A

Right to use independent of another tract of land

28
Q

Easement by implication

A
  1. Former single tract
  2. Apparent and continuous use
  3. Reasonably necessary for dominant land
  4. Court determines parties intended to use after division of land
29
Q

Easement by prescription (adverse)

A
  1. Open and notorious
  2. Adverse
  3. Continuous
  4. For statutory period
30
Q

Termination of easements

A
  1. Stares conditions
  2. Merger of parcels
  3. Release
  4. Abandonment- requires affirmative act
  5. Estoppel
  6. Prescription- for statutory period
  7. End of necessity
  8. Condemnation/ destruction of servient estate
31
Q

Real covenant burdens

A
  1. Requirements for burden to run
    A. Intent to bind successors
    B. Notice( only to BFP)
    C. Horizontal privity- shared interest in land of covenantors
    D. Vertical privity - successor must hold entire durational interest held by covenantor at time he made covenant
    E. Touch and concern the land

Remedy damages

32
Q

Real covenant benefits

A
  1. Intent that successors can enforce
  2. Vertical privity- any succeeding possessory estate may enforce the benefit
  3. Touch and concern

Remedy damages

33
Q

Equitable servitude

A

Enforceable against assignees of burdened land with notice

Enforced by injunction

Requirements for burden to run

  1. Covenanting parties intended to bind
  2. Actual inquiry or record notice
  3. Touches and concerns land

Requirements for benefit

  1. Covenanting party intent
  2. Touches and concerns benefited property
34
Q

Adverse possession

A
  1. Exclusive
  2. Continuous
  3. Hostile
  4. Open and notorious
  6. Statutory period
35
Q

UnMarketable title

A
  1. Adverse possession
  2. Future interest held in another party
  3. Encumbrances
  4. Zoning restrictions
36
Q

Deed formality

A
  1. In writing
  2. Signed by grantor
  3. Reasonably identify parties
  4. Reasonably identify land
37
Q

Deed requirments

A
  1. Present intent to make deed
  2. Delivery
  3. Acceptance
38
Q

General warranty deed covenants

A

Covenant:

  1. Seisin - title and possession
  2. Right to convey - title
  3. Against encumbrances
  4. Quiet enjoyment
  5. Warranty
  6. Further assurances
39
Q

Equitable redemption

A

Any time prior to foreclosure sale may pay amount due

40
Q

Statutory redemption

A

Redeem for some fixed period after foreclosure sale

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