Property Mnemonics Flashcards

1
Q

Life tenant duties/obligations

A

TRRIIM Waste
T-Taxes
R- R repairs
I - insurance premiums* some jurisdictions
I - interest (Mortgage)
W - waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Deed covenants

A

SEC QWFA
SEC quiet wins for alabama
seisin
encumbrances
covennants
quiet enjoyment
warranty
further assurances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Constructive eviction

A

SING deVil

SI - substantial interference
N - notice
G - GO aka left / Vacate

Covenant of quiet enjoyment (breached if actual/constructive eviction)
• Constructive eviction SING deVil
o Substantial interference – caused by a L’s act/omission
o Notice – L fails to correct problem within a R time after being given notice
o Go away/Vacate – within a R period of time after L fails to repair
1. Substantial interference with T’s use and enjoyment of premises
2. Causation (L caused, or someone acting for L caused)
3. Notice – T gave landlord notice and a R time to repair
4. GO – T left within a R time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Constructive eviction

A

SING deVil

SI - substantial interference
N - notice
G - GO aka left / Vacate

Covenant of quiet enjoyment (breached if actual/constructive eviction)
• Constructive eviction SING deVil
o Substantial interference – caused by a L’s act/omission
o Notice – L fails to correct problem within a R time after being given notice
o Go away/Vacate – within a R period of time after L fails to repair
1. Substantial interference with T’s use and enjoyment of premises
2. Causation (L caused, or someone acting for L caused)
3. Notice – T gave landlord notice and a R time to repair
4. GO – T left within a R time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Terminating a covenant or easement

A
  • Termination Covenant/Easement
    • Photo Credits from my Camping to my CAMERA, but the rain DAMPENERS my Camping trip
  • Easement
    • Creation: PING-E
      • Prescription, implication, necessity, grant (negative easements by grant only), estoppel
      • By implication CRAB (you get an implied easement if you find a CRAB – common O, R necessary for continued use, apparent, benefit)
          1. I – intended it to continue
          1. C – Both dominant and servient estates were formerly held by a COMMON owner
          1. R – Use of an implied easement is REASONABLY necessary for R use of the dominant estate
          1. A – use of the easement was plainly and physically APPARENT from R inspection of the property
            * *use not required if profit + necessary OR common plat OR underground water pipes
          1. B – Former use of the land subordinated one part of the land for the BENEFIT of another part of the land
    • Termination: DAMPENERS – C
      • Destruction of servient estate
      • Abandonment
      • Merger
      • Prescription
      • Expiration
      • Necessity is gone
      • Estoppel – re: Alley-easement behind Swansons to get to street faster: You say “I won’t use the driveway anymore”  Swansons put up a barn and rely
      • Release – written termination to servient landowner
      • Severance
      • *Condemnation
  • Covenant
    • Termination – PC – Camping CAMERA
      • Prescription
      • Changed conditions
      • Condemnation
      • Abandonment
      • Merger
      • Estoppel
      • Release
      • Agreement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Easement creation

A

PING-E

P - prescription

I - implied (CRAB)

N - necessity

G - grant/reservation

E - express

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Implied easement creation

A

CRAB

    1. I – intended it to continue
    1. C – Both dominant and servient estates were formerly held by a COMMON owner
    1. R – Use of an implied easement is REASONABLY necessary for R use of the dominant estate
    1. A – use of the easement was plainly and physically APPARENT from R inspection of the property
      * *use not required if profit + necessary OR common plat OR underground water pipes
        1. B – Former use of the land subordinated one part of the land for the BENEFIT of another part of the land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Termination of easement

A

DAMPANERS - C

  • Destruction of servient estate
  • Abandonment
  • Merger
  • Prescription
  • Expiration
  • Necessity is gone
  • Estoppel – re: Alley-easement behind Swansons to get to street faster: You say “I won’t use the driveway anymore” Swansons put up a barn and rely
  • Release – written termination to servient landowner
  • Severance
  • *Condemnation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Termination of covenant

A
  • Termination – PC – Camping CAMERA
    • Prescription
    • Changed conditions
    • Condemnation
    • Abandonment
    • Merger
    • Estoppel
    • Release
    • Agreement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Joint tenancy

A

4 unities = PITT

possession

interest

time

title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Defenses to equitable servitudes

A
  • Defenses to equitable servitude CLEAn FAN UH (University House)
    • C-FAN: Pervasive change fundamentally alters neighborhood
    • Laches
    • Estoppel
    • Acquiescence
    • UH: Unclean hands (U—H)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly