Property Flashcards
Restrains on alientation
Absolute are void, reasonble are ok
life tenant entitled to
all ordinary uses and profits (e.g., if someone is drililng for oil) on teh land
Can’t commit waste! - e.g., injures interest of remainderman or holder of reversion
Waste
voluntary (affirmative)
permissive (negligent)
ameliorative: allowed to change only if future interest si not diminished AND remainderman do not object OR substantial & permanent change in neighborhood conditions
Tenancy in the entirety
deed or mortgage executed by one spouse ineffective
can’t unilaterally transfer - going to be ineffective
Only death, divroce, mutual agreement, or execution by a joint creditor of both spouses can sever
divorce - tenancy in common
tenants in common
must share net profits gained from explitation, rents
AP only if you ousted - if someone just willingly leave, AP will never apply
Oral lease term of years that violates SoF (more than 1 year)
periodic tenancy, rent ;paid based on how its tendered
Tenancy at will
To T for as long as L or T desires
Terminates by either party at any time (or by operation of law - e.g., deat, waetE)
holdover
residential - mouth to mouth
commercial - if for term of years more than 1 year, year to year
Implied covenant of quiet title
landlord cannot exclude tenant from property (lease terminated)
partial eviction by landlord relieves tenant from burden to pay
[rotects against paramoutn title holder
Constructive eviction: substantial interference, Notice, Goodbye
Violation of IWH
Tenant can move out and terminate lease, repair and deduct from rent, reduce rent or withohold for court order, remain in possession and seek money damages
if T2 breaches, T1 can take (Assignment)
does not defeat assignment
Assignment of tenancy at will?
Not allowed! ends lease
same with landlord transering interest, renting to third person, committing waste
landlord tort liability - CLAPS
common aras, latent defects (duty to warn)
assumption of repairs
public use rule
short-term lease of furnished dwelling
Present covenants
Do not run with teh land to subsequent buyers!! so they can’t enforce (Owen, Abe, Bob)
Adverse possession - exclusive possession
means not sharing with owner or public
AP- open and notirious
puts owner on notice
AP - hostile
without consent(does not matter if beelievs trespassing)
AP - continuous
how owner would use proeprty
Valid deed requirements
in writing sufficiently describe the land identify the grantor and agrantee evidence of intention to convey signed by grantor sometimes grantee's name can be written in
deed effective
on delivery and acceptance (which is presumed)
Recordation creates presumption of intent (delivery is a question of grantor’s intent!)
no assignment/sublease provision
if only names one type, only that type presumed to not be allowed
if T transfers in violation, tarnsfer is NOT void, instead landlord can terminate lease or sue for damages
Easement by implication
(1) pre-division use was apparant and continous AND parties expected use would continue
Horizontal privity
grantor-grantee, landlord-tenant, mortgagor-ee
verticle
non-histle nexis
easements running - burden?
presumed, unless subsequent is a BFP without notice
servitudes - writings?
ES (unless PIN); profits, and Covenants/ES (unless common scheme or development
Deed requiremenst - land description
(1) land if not in deed, boid
delivery
Did grantor have present intent to reliquish control
deed closed if
writing describing property signed by grantor, delivered (intend to immdiately part with control)
Mortgages
PMM
takes priority
Mortgages
subordination agreement
these are valid!!
WAiving right of redemption in equity
CANNOT BE WAIVED in mortgage or in security agreement itself!!
BFP vs. AP
AP wins! recording acts do not protect against interests like implied easements, ap claims (Arise by operation of law)
AP vs. life estate
AP wins but for life estate only
AP vs. real covenants
if uses land in violation, of covenant, will get title free of it (even if they had knolwedge of it)
if uses land in conformity, will take subject to
