Property Flashcards
Present Possessory Interests
- indefeasible interest = not subject to early termination (ex: fee simple absolute and life state)
- defeasible interests = allows a fee simple or life estate to be terminated if a stated event occurs (includes fee simple determinable, subject to condition subsequent, and subject to executory interest)
Future Possessory Interests
- interests retained by the grantor (includes reversion, possibility of reverter, and right of entry)
- interests created in a transferee (includes executory interests, remainders, and class gifts)
Rule Against Perpetuities
May apply to any future interest that is not certain to vest of fail with in a life in being plus 21 years = void
Types of tenancies in landlord and tenant
- tenancy for years
- periodic tenancy
- tenancy at will
- tenancy at sufferance
tenancy for years
for a fixed period of time
- created expressly and ends automatically on its termination date
- no notice
periodic tenancy
for a fixed period that continues for succeeding periods (ex month to month)
-created expressly or when a lease draws periodic rent payments, terminated on proper notice/appropriate time period
tenancy at will
no stated duration, as long as parties desire
-created expressly, terminated on proper notice
tenancy at sufferance
hold-over doctrine
tenant remains in possession after tenancy expires
-landlord may evict tenant or create a periodic tenancy by accepting rent
rights and duties of landlord and tenant
- governed by the lease and tort law
- tenant must pay rent and may not commit waste
- landlord generally must repair, must deliver habitable premises, and may not interfere with tenant’s possession
Assign interest in landlord and tenant
both parties generally may assign their interest (transfer entire term) and tenants may also sublease (part of term)
affirmative easement
right to use someone else’s land
negative easement
right to prevent something on another’s land
easement appurtenant
involves two tracts of land
- dominant parcel has the benefit which runs to grantees
- servient parcel has the burden, which runs to grantees with notice
easement in gross
involves one tract of land
express grant of reservation of easement
- statute of fraud applies
- an oral grants creates a license, which is not an interest in land
implication by operation of law of easement
- by use existing before a tract was divided
- by necessity for a landlocked parcel
prescription of easement
acquired through adverse, open and notorious, and continuous use for the statutory period
ways to create easement
- express
- operation of law/implicated
- prescription
termination of easements
- end by stated condition
- unity of ownership between easement and servient estate
- abandonment
- estoppel
- prescription
- necessity
- release
- condemnation
Real Covenants
- written promises to do or refrain from doing something on land with a usual remedy of money damages
- requirements for burden to run to later grantees; intent, notice, horizontal privity, vertical privity, touch and concern
- requirements for benefit to run; intent, vertical privity, touch and concern
equitable servitudes
- covenants with equitable remedies (ex: injunction, specific performance)
- implied from a common scheme for development if notice exists
- requirements for burden to run; intent notice, touch and concern
- requirements for benefit to run; intent, touch and concern
- equitable defenses apply (ex: unclean hands, estoppel, acquiescence, change neighborhood conditions)
Land sale contracts
- statute of frauds applies. Exception = no writing is required if buyer has partially performed through possession, improvement, or payment
- time for performance presumed not of essence
- mareketable title = contracts contain an implied covenant that seller will deliver title free from an unreasonable risk of litigation at losing (when purchase price and deed exchanged)
Deeds
- statute of fraud applies
- must evidence an intent to transfer land an adequately describe the land and parties
- effective on delivery (words or conduct showing the grantor’s intent to immediately pass title) and acceptance
types of deeds
- general warranty deed
- special warranty deed
- quitclaim deed