Property Mnemonics Flashcards
Life tenant duties/obligations
TRRIIM Waste
T-Taxes
R- R repairs
I - insurance premiums* some jurisdictions
I - interest (Mortgage)
W - waste
Deed covenants
SEC QWFA
SEC quiet wins for alabama
seisin
encumbrances
covennants
quiet enjoyment
warranty
further assurances
Constructive eviction
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
Constructive eviction
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
Terminating a covenant or easement
- 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)
- I – intended it to continue
- C – Both dominant and servient estates were formerly held by a COMMON owner
- R – Use of an implied easement is REASONABLY necessary for R use of the dominant estate
- 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
- A – use of the easement was plainly and physically APPARENT from R inspection of the property
- 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
- Creation: PING-E
- Covenant
- Termination – PC – Camping CAMERA
- Prescription
- Changed conditions
- Condemnation
- Abandonment
- Merger
- Estoppel
- Release
- Agreement
- Termination – PC – Camping CAMERA
Easement creation
PING-E
P - prescription
I - implied (CRAB)
N - necessity
G - grant/reservation
E - express
Implied easement creation
CRAB
- I – intended it to continue
- C – Both dominant and servient estates were formerly held by a COMMON owner
- R – Use of an implied easement is REASONABLY necessary for R use of the dominant estate
- 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- B – Former use of the land subordinated one part of the land for the BENEFIT of another part of the land
- A – use of the easement was plainly and physically APPARENT from R inspection of the property
Termination of easement
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
Termination of covenant
- Termination – PC – Camping CAMERA
- Prescription
- Changed conditions
- Condemnation
- Abandonment
- Merger
- Estoppel
- Release
- Agreement
Joint tenancy
4 unities = PITT
possession
interest
time
title
Defenses to equitable servitudes
- Defenses to equitable servitude CLEAn FAN UH (University House)
- C-FAN: Pervasive change fundamentally alters neighborhood
- Laches
- Estoppel
- Acquiescence
- UH: Unclean hands (U—H)