Property Mnemonics

Question 1

ADVERSE POSSESSION - REQUIREMENTS

Answer 1

CHANGE

Continuous
Hostile
Actual
Notorious
Goes on for st’y pd. (20 years)
Exclusive

Question 2

What is needed for equitable servitude to bind succesors?

Horizontal and Vertical privity not necessary

Answer 2

TIN Writing

Touch and concern
Intent
Notice

Writing

Ex- Restrictions on building height or architectural style:
Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages.

Question 3

**What is needed for a real covenant to bind successors? **

Answer 3

PINT

Privity btwn the parties (vertical only)
Intent - for the covenant to bind future successors
Notice - to the person the covenant is being enforced agst
Touch and concern the land.

Question 4

3 ways to Sever a Joint Tenancy

Answer 4

PMS

Partition: 1) Vol’y agreement; 2) Partition in kind (judicial action to physically divide the property); 3) Forced sale
Mortgage - a) Title theory (minority) - Mortagee takes the title when a P take out a mortgage, therefore jt ten’y is severed; 2) Lien theory - Mortgage has a lien agst the property, therefore jt ten’y is preserved unless foreclosure occurs.
Sale or x-fer of interest during your lifetime

Joint tenancy will remain between other, non-transferring jt tenants.

Question 5

What the three types of defeasible Estates (Interests)?

Answer 5

**DECk*

Determinable
Executory (Subject to an executory interest)
Condition Subsequent

Question 6

Joint Tenancy - created when 4 unities are present:

Answer 6

TTIP

Time
Title
Interest
Possession

Question 7

Forms of Notice a Buyer May Potentially be Charged With

Answer 7

AIR

Actual Notice
Inquiry Notice - Buyer is charged with knowing whatever an inspection of the land would reveal - such as someone else having taken possession;
Record Notice - Buyer has a duty to search records and see if anything negative to his taking title has been recorded.

Question 8

Way to Terminate an Easement

Answer 8

END CRAMP

Estoppel - servient estate changes her position in reasonable reliance on easement holder’s assurance the easement will no longer be used;
Necessity (termination of)
Destruction - of the servient land

Condemnation of servient estate - via eminent domain
Release - written release from easement holder
Abandonment
Merger doctrine servient and dominant estates become one
Prescription - if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time

Question 9

Ways to Create an Easement (4)

Answer 9

PING

Prescription - (adverse possession) elements - C NOAH - Continuous, Open & Notorius, Adverse, Hostile
Implication (property is divided and facts and circumstance indicate a prior use that is reasonably necessary)
Necessity - like prescription, but a prior use isn’t required.
Grant - If easement is > 1 yr., must be in writing signed by the grantor (deed of easement, a SOF requirement).

Question 10

Negative Easement

Answer 10

LASS

Light
Air
Support
Streamwater (from an artificial flow).

Can only be created expressly - by writing signed by the grantor.

Question 11

Easement by prescription

Answer 11

CHAOS

Continuous
Hostile
Actual
Open and notorious
Statutory period

Question 12

Life Estates - Cannot commit Affirmative Waste. What does this include?

Affirmative Waste - Property value drops because of your vol’y conduct.

Answer 12

Can commit waste if grantor allows Mining, Oil Drilling or Cutting (MOC):

Maintenance
Only practical use
Continued use

Question 13

Future Interests - Applicability of Rule Against Perpetuities - CEO

Answer 13

RULE AGAINST PERPETUITIES ONLY APPLIES TO:

CONTINGENT remainders

EXECUTORY interests

OPEN class remainders

Question 14

RAP 4 Steps “FEMY”

Answer 14

F E M Y

1) Determine which Future interests have been created.
2) Determine the Event that must happen for the future interest holder to take.
3) Determine who is the Measuring life.
4) Determine whether w/in 21 Years of the death of the measuring life the future interest holder can take. If so, conveyance is good. If not, conveyance is void.

Question 15

Equitable servitudes - 5 requirements “WITNES”

Answer 15

A promise that’s enforceable agst successors —- can get injunction.

W I T N [E S]

1) Writing: original promise does NOT have to be in writing.
2) Intent: A and B, the original parties, INTENDED that the promise would be enforceable BY AND AGAINST ASSIGNEES.
3) Touch and concern: the promise affects the parties as landowners.
4) Notice: the ASSIGNEES of the BURDENED land had NOTICE of the promise.
5) ES: Equitable servitude

NO privity requirement!

Question 16

General Warranty Deed 6 covenants “SEC FEW”

Seisin
Encumbrances
Convey

Further assurances
Enjoyment
Warranty

Answer 16

Selling Charlie’s Estate Quickly Was Alright

PRESENT covenants: breached if ever at the time the deed is delivered.
1) covenant of Seizin: grantor promises she OWNS the property.
2) covenant against Encumbrances: grantor promises there are NO servitudes or liens on the property.
3) covenant of the right to Convey: grantor promises she has the POWER TO TRANSFER.

FUTURE covenants: breached if grantee is disturbed in possession.
4) covenant for QUIET ENJOYMENT: grantor promises that the grantee will NOT be disturbed in possession by a 3P’s lawful claim of title.
5) covenant of Warranty: grantor promises to DEFEND grantee against any SUPERIOR TITLE CLAIMS.
6) covenant for further Assurances: grantor promises to do what is needed in the future to PERFECT the title if it turns out to be imperfect.

Question 17

“ZETA” - MAKES TITLE UNMARKETABLE

Answer 17

Z-VIOLATION OF ZONING ORDINANCE
E - ENCUMBERED
T - TITLE DEFECT
A - ACQUIRED BY ADV POSSESSION

Question 18

“DIGS” = EXECUTION OF DEED

Answer 18

D-DESCRIBES PROP
I - ID PARTIES
G - WORDS OF GRANT
S - SIGNED BY SELLER