Property Flashcards
Voluntary Waste & Permissible Use of Natural Resources (4)
Exploitation of natural resources by life tenant ok if:
(1) Prior Use
(2) Repairs to the property
(3) Granted the right to exploit
(4) Exploitation (land is suitable only to exploit)
The Rule of Destructability and Contingent Remainders
At common law, a contingent remainder was destroyed if it was still contingent at the time the preceding estate ended. Now it has been abolished.
The Rule in Shelley’s Case
At common law, when a grant gave a life estate to A and the remainder in A’s heirs, the interests would merge into a fee simple absolute in A. It has now virtually been abolished unless there is clear grantor intent.
The Doctrine of Worthier Title
If a grantor attempts to convey a remainder to his heirs, it becomes a reversion in the grantor. (O to A for life, then to his heirs –> O to a for life, then to O.)
Joint Tenancy
Two or more own with right of survivorship. Requires (1) grant at same time; (2) same title; (3) identical interests; (4) right to possess the whole. Right of survivorship must be clearly expressed.
Severance of a joint tenancy
(1) Sale
(2) Partition (by voluntary agreement; in kind; forced sale)
(3) Mortgage (only in title theory states)
Equitable conversion
Land sale is treated as functionally complete at moment of contract, not closing.
Fixture
Once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve the realty. Fixtures pass with ownership of the land.
How to tell if something is a fixture: (1) express agreement controls; (2) in absence of agreement T may remove chattel he installed so long as removal won’t cause substantial damage.
Landlord options when T breaches duty to pay rent and leaves apartment (3)
(1) Surrender: treat abandonment as implicit offer of surrender and accept it.
(2) Ignore the abandonment and hold T responsible for unpaid rent (only available in minority of states.
(3) Re-let the premises on the wrongdoer’s behalf and hold him or her liable for any deficiency.
Constructive Eviction
(1) Substantial Interference due to L’s actions or failures
(2) T notified L of the problem and L failed to fix it
(3) T must vacate the unit w/i reasonable time
Implied Warranty of Habitability
Premises must be fit for basic dwelling. Bare living requirements must be met. When warranty is breached, T can (1) move out and end lease; (2) repair and deduct the cost from future rent; (3) reduce rent (place in escrow); (4) remain, pay rent, and seek money damages.
Landlord Tort Liability (5)
(1) Common areas
(2) Latent defects (L must warn about hidden defects L knows, or should know, about)
(3) Assumption of repairs
(4) Public use (L who leases public space and knows because of nature of defect and length of lease that T will not repair)
(5) Short term lease on furnished dwelling
Easement
The grant of a nonposessory property interest that entitled its holder to some form of use or enjoyment of another’s land, called the servient tenement.
Categories of negative easements (5)
(1) Light
(2) Air
(3) Support
(4) Streamwater from artificial flow
(5) Scenic view (minority of states)
Creation of an affirmative easement (4)
(1) Perscription (continuous, open and notorious, actual, and hostile use)
(2) Implication (previous use was apparent and parties expected it would continue b/c reasonably necssary to dominant land’s use and enjoyment)
(3) Necessity (grantor conveys portion of his land with no way out except over part of his remaining land
(4) Grant
Termination of easement (8)
(1) Estoppel
(2) Necessity (easements by necessity end once need ends)
(3) Destruction of the servient land
(4) Condemnation of the servient estate
(5) Release
(6) Abandonment (physical action demonstrating intent to never use the easement again)
(7) Merger (title to servient and dominant land vested in same person)
(8) Prescription
License
The mere privilege to enter another’s land for a delineated purpose. Licenses are freely revocable.
The Profit
The profit entitles its holder to enter the servient land and take from it the soil or some substance of the soil (minerals, timber, oil, etc.).
Requirements for burden of a covenant to run (6)
(1) Writing
(2) Intent
(3) Touch and concern the land
(4) Horizontal privity
(5) Vertical privity
(6) Notice
Requirements for benefit of a covenant to run (5)
(1) Writing
(2) Intent
(3) Touch and concern
(4) Vertical privity
Requirements for binding equitable servitude (4)
(1) Writing
(2) Intent
(3) Touch and concern
(4) Notice
Varieties of notice (3)
(1) Actual notice
(2) Inquiry notice
(3) Record notice
Adverse Possession (4)
(1) Continuous (2) open and notorious (3) actual and exclusive (4) hostile possession for length of statutory period
Seller promises in land K
(1) to provide marketable title at closing
(2) to not make any false statements of material fact
Covenants of General Warranty Deed (6)
(1) Covenant of seisin (grantor owns this estate)
(2) Covenant of right to convey
(3) Covenant against encumbrances
(4) Covenant for quiet enjoyment (grantee won’t be disturbed)
(5) Covenant of warranty (grantor will help defend)
(6) Covenant for future assurances (grantor will do what’s needed in future to perfect title
Promises of statutory special warrantee deed
(1) Grantor promises he hasn’t conveyed blackacre to anyone other than grantee.
(2) Blackacre is free from encumbrances made by grantor
Mortgage
The conveyance of a security interest in land, intended by the parties to be collateral for the repayment of a debt. The union of (1) a debt and (2) a voluntary lien in debtor’s land to secure the debt.
Statutory redemption
Recognized in half the states, gives the debtor-mortgagor a statutory right to redeem for some fixed period after the foreclosure sale has occurred.
Riparian Doctrine
Water belongs to those who own the land bordering the watercourse. Those people (riparians) share the right of reasonable use of the water and will be liable if his or her use unreasonably interferes with others’ use.
Prior Appropriation Doctrine
Water belongs to estate but right to divert can use it can be acquired by an individual regardless of whether they are riparians. Rights are determined by priority of beneficial use.
Zoning variance
To obtain, must show (1) undue hardship and (2) to grant the variance won’t work harm to neighboring property values.
Requirements of deed (6)
(1) In writing
(2) Signed by grantee
(3) Sufficiently describe land
(4) Identify grantor
(5) Identify grantee
(6) Evidence intent to convey land
