Property fave testing areas and struggle areas

Question 1

Fee Simple Absolute

Answer 1

A fee simple absolute is an absolute ownershup in property with infinite duration. An FSA is created when property is given to a person with no stipulations or limits on duration. It is the greatest form of ownership. There is no future interest holder.

Question 2

Fee Simple Determinable

Answer 2

• Durational language
• Property goes back to grantor if the stipulations are not met (POR)

“So long as, during, while”

Question 3

Fee Simple Subject to a Condition Subsequent

Answer 3

• Conditional language
• Property goes back to grantor if not met
• FI: Right of re entry. Gives grantor right to reclaim ownership when stipulation violated. Must be affirmatively exercised, not automatic.

Question 4

Fee Simple Subject to an Executory Limitation

Answer 4

• Conditional OR durational language
• Property goes to third party
• FI can be shifting (common) or springing

Question 5

Life Estate Rule Statement

Answer 5

A traditional life estate is created when the life estate holder (Grantee) is also the measuring life.

Question 6

What are the duties of a life tenant?

Answer 6

• Repairs: Life tenant has the obligation to make ordinary repairs, NOT extraordinary ones
• Taxes/Mortgage: LT must pay taxes and mortgage debt INTEREST payments (FI holder pays the principal). LT obligation limited to the value received from land
• Waste: Don’t do it

Question 7

Vested remainder absolute

Answer 7

• Default type of vested remainder
• Gives 3rd Party FSA once measuring life dies

This goes under life estates :)
“To A for life, then to M”

Question 8

Vested Remainder Subject to open

Answer 8

3rd party is part of class that others can potentially join

To eric for life, then to the children of Eric. Eric has one child rn.

Question 9

Vestred Remainder Subject to Total Divestment

Answer 9

• If the occurrence of a condition subsequent eliminates the remainder

To Sasha, then to Britney, but if Britney ever marries Bill, to Amber

Question 10

Cotenants: Accountability Rules

Answer 10

• Rent: A co tenant in sole possession is not obligated to pay rent
• Rents from 3rd party: A cotenant IS obligated to share profits made from renting to third parties
• Profits: A co tenant is not obligated to share any profits from their use of the land

(Profits example: Cotenant Biggs decised to start a fight club in the basement of his co owned property. He doesn’t need to share his fight club profits)
(Exception: A co tenant is obligated to share profits from their exploitation of the land; look for facts where he is profitting from land resources)

• Losses from Co tenants use of the land: A co tenant is not entitled to contribution from other co tenants for their losses from use of the land

Ex: Biggs fight club actually loses money. He can’t seek contribution from other co tenants for that loss!

Question 11

Constructive Eviction

Answer 11

1. Landlord fails to fulfill an obligation
2. There was a substantial interference with tenants quiet enjoyment of the property
3. Tenant give landlord notice of the issue
4. Tenant gives the landlord a reasonable amount of time to repair the issue
5. Tenant vacates within a reasonable amount of time

Tenant remedies: Terminate lease and sue for damages

Question 12

Implied Covenant of quiet Enjoyment

Answer 12

• Implied in ALL leases
• LL will not interfere with T’s use and quiet enjoyment of the property. Can be breached by actual eviction, partial eviction, and constructive eviction

Question 12

Implied Covenant of quiet Enjoyment

Answer 12

• Implied in ALL leases
• LL will not interfere with T’s use and quiet enjoyment of the property. Can be breached by actual eviction, partial eviction, and constructive eviction

Question 13

Framework for Covenants

Answer 13

a. Real Covenant ($) v. Equitable Serivtude (Injunction)
b. Does the Real covenant run? (WITCHVaN)
c. Does the Equitable Servitude run? (Same elements, but there is no requirement for privity!)

Question 14

What is the other name for an implied reciprocal servitude + rule statement?

Answer 14

“Common scheme doctrine”

The court can imply a covenant into a deed or lease where the original owner omitted the covenant from the language of the instrument if:

1. There is a** common plan or scheme** (Look for gated community/subdivision/complex)
2. The owner intended for the covenant to apply to all buyers of a unit in the common plan or scheme
3. Notice : Actual, constructive (record), or inquiry

Question 15

Easements Framework

Answer 15

GR: An easement is a nonpossessory right to use another’s property for a limited purpose.

a. Affirmative v. Negative Easement
v. Appurtenant (rights lie w land) (-Dominant v. Servient Estate) v. In Gross (Rights lie with specific individual)

b. Appurtenant v. In Gross?

c. Creation
1. Express: Writing that satisfies SOF if over a year
2. Implied: By prior use, necessity, prescription, estoppel

d. Did it transfer?
1. (Easement appurtenant: The dominant estate transfers automatically to new owner, the servient estate the easement remains on the property UNLESS THE NEW OWNER of the servient estate is. BFP who took for value without notice!!)

2. Easement in gross: Not transferable unless easement holder is a commercial/biz

e. Maintenant and Repair (Dominant estate/easement holder is responsible)

f. Scope of Easements
-Misuse
- Modification/can be reasonably modified for changed circumstances

g. Termination- END CRAMP
Merger, release, estoppel, abandonment, prescription, necessity, condemnation and destruction

Question 16

What are the different ways to create an implied easement?

Answer 16

1. Prior use (common grantor, common grantor conveys part of his land to another, prior use, strict or reasonable necessity, apparent [easement was reasonably discoverable], continuous)
2. Necessity (Common Grantor. Conveyance. Strict Necessity)
3. Prescription (Ac Ho)
4. Estoppel (Servient parcel allows easement like-use. Reasonable for usere to substantially change position)