Property & Future Interest Flashcards
Tenancy for Years
Leasehold estate where there is a present possessory interest in the leased land and he landlord has a reversion. There is a labeled end date.
Tenancy in Common
Default result under modern law. No right of survivorship. Can devise and decent property. It is alienable.
Joint Tenancy
Right of survivorship. Each person owns an undivided share—four Untites: Time (interest at the same time), title (interest acquired by the same instrument), interest (interest of the same type and duration), and possession (interest gives identical rights to enjoyment). At common law, it was held that any conveyance to two or more persons was presumed to create a joint tenancy unless a contrary intention was clearly expressed. Can’t devise in a will.
Tenancy by the enitrety
Marital. Right of survivorship. Four unities: TIme title, interest, possession plus marraige.
Sever of Joint Tenancy
- Suit for partition
- Inter vivos transfer
- Execution of Mortgage in Title Theory state (minority)
- When there is only one joint tenant left Transferee takes as tenancy in common.
However, an exception is when the court refuses to relate back an acceptance where it would defeat the rights of intervening third parties like joint tenants. Accepting after death does not sever.
Lien Theory for Joint Tenancy
The mortgage doesn’t sever the joint tenancy and when the borrower dies, other partners take the land free and clear or mortgage.
Every Conveyance of Real Estate Requires
- Land Contract that conveys equitable title
- Closing where the deed passes legal title
SOF in Land Sale Contract Requirements
- Signed by the party being sued
- Identify both parties
- Describe the Property
- The price or a way to determine the price
Part Performance Exception to SOF
Oral Contract by specific performance when:
1. Contract is certain and clear
2. Acts prove the existence of a contract.
Usually need 2/3: Having possession of the land, making updates, paying a significant portion
When is a title unmarketable
- Defects in the Record chain of title
- Encumbrances
- Zoning Violations.
An easement that reduces the value of the property, such as an easement of way for the benefit of a neighbor, renders the title unmarketable
Types of Deeds
- Quitclaim2. General Warranty 3. Special Warranty
Types of Recording Statutes
- Race 2. Notice3. Race Notice. Usually don’t protect judgment liens.
Sublease
A transfer of a lease for part of the term, not the entire term. The tenant is not privity of contract or estate with the landlord. The new tenant is in the privity of the estate with the original tenant.
Assignment of Lease
A transfer for the entire remaining term of the lease. An assignment does not release the tenant from his contractual obligations to the landlord.
Tenancy at Will
A leasehold estate that is voidable by 1. Either Party dies2. Tennant commits waste3. Tennant attempts to assign to someone else4. Landlord transfers his interest in the property5. Landlord does a lease to a third party
Novation
Substitutes the original party with a third party at the agreement of both original parties
Prescriptive Easement
the use must be open and notorious, continuous and uninterrupted for the statutory period, and adverse
Easement Surcharge
The easement’s legal scope was exceeded. This does not terminate the easement and the servant owner can sue to enjoin its use.
Quasi Easement
Easement implied by operation of law
When can an easement be implied?
Prior to the time tract is divided there is a use on the servant part that is reasonably necessary for the dominant part and the court determines that part is necessary.
Easement by Necessity
The owner of a tract of land sells a tract of land and deprives someone of public roads or utilities. Usually not in writing. The owner of the servient parcel has the right to locate the easement but not to deny it.
Easement Appurtenant
the right of special use benefits the easement holder in the enjoyment of her land. Need two properties!
Joint Tenancy 4 Unitied TTIP
TimeTitleIdentical InterestPossession of the whole
Severance of a joint tenancy SAP
SaleAndPartition