Property Law Flashcards
Easement
Nonpossessory interest to use the land of another or restrict the land of another
Positive or negative
An easement can be positive or negative
Positive easement is granting the right to use
Negative easement is restricting the right use
Creation of an Easement (types)
express, necessity, prescription, implication
Express easement
easement between two parties relayed in writing
Easement by necessity ‘
factually based on if it was NECESSARY for one to enter the land of another…. “landlocked”
Easement by implication
Implied from prior use
Duration of easements
Easements generally last indefinitely unless terminated
Easement by prescription (statutor element)
I-using land for the statutory period (20 years)
2- the use is open, notorious, and adverse
3 gives a right to use land
Easement by prescription (statutor element)
I-using land for the statutory period (20 years)
2- the use is open, notorious, and adverse
3 gives a right to use land
Termination of easements
Express, necessity, abandonment, merger
Express terminates
Lasts for a period time in agreement
Termination of necessity
When no longer necessary
Abandonment termination
Express an intent not to return and non-use
Merger termination
Cannot have easement on entirely my own land
Merger termination
Cannot have easement on entirely my own land
Covenant
1- always in writing
2- looks like a contract
3- is a promise that allows/ restricts use of another person’s land
Restrictive covenant
Prohibits use of my or someone else’s land in a certain way
Duration of covenants _ generally runs with the land if:
SOF, intent, notice, privacy (horizontal and vertical ) touch and concerns the land
Duration of covenants _ generally runs with the land if:
SOF, intent, notice, privacy (horizontal and vertical ) touch and concerns the land
Touch + concerns the land means
Not personal between parties about the use of the land itself
Equitable servitude
I
Equitable servitude
I
Different types of tenancies
Perlodie, for years, at will, at sufferance
Periodic T
Start date t successive periods
Termination of period
No termination without note i month to month= 15 days yam
Equitable conversion
Upon signing, 1- equitable interest
2- buyer bears risk af loss
Marketable title
Title tree from defect or unreasonable risk of litigation
- implied by seller
- seller has until closigto cure detects
Need
Actually transfers property and is recorded in public records
Types of reads
Quit claim or warrant
Quit claim deed
No promise /warrantiesre title
Six warranties - warranty deed
Present and future
Selsin, right to convey, covenant against encumbrances, quiet enjoyment, warrant of warrants, future assurances
Types of warranty deeds
General o special
General = since property was created/developed
Special a since seller has owned prop
Validity of deed I deed requirements
Writing (sof)
Signed by grantor
Signal by two witnesses
Delivery of deed (intent)
Acceptance is presumed unless evidence to the contrary
Identifiable grantee
Legal description of property
Merger doctrine re and deed
Merger doctrine
, Re and deed merge, can only sue on concepts contained in the deed
Mortgages
Loan with land as collateral
PMM prevails
Lien theory
Mortgages
Loan with land as collateral
PMM prevails
Lien theory
FL is a lien theory state
Lender one has a lien but no title/ possession interest until forclosure
FL is a lien theory state
Lender one has a lien but no title/ possession interest until forclosure
Notice _ Florida is a pure nothejdx
The last or subsequent purchaser wins
Bonfire purchaser
Pays value and no notice of earlier transactions
Judgments/ creditors and hen holders and mortgages i
Who are bps?
Judgement, creditors, kneeholes = not BIP
Mortgagees are BFP’s
Owning property types
J.T.R.O.S.
T.I.C.
Tenany by entlretz
Seller has duff to disclose
Materially affects the value that knew or S.H.K.
Seller has duff to disclose
Materially affects the value that knew or S.H.K.
