Review of MBE subjects -- property Flashcards
Rule of Destructibility of Contingent Remainders
At CL, any remainder that was still contingent at the time the previous estate ended was destroyed. Now, reverts to O or heirs, who hold subject to a springing executory interest.
Rule in Shelley’s Case
At CL, a grant of LE to A, then remainder to A’s heirs, created a FSA in A. This was to promote alienability. Not recognized in most places anymore.
Doctrine of Worthier Title
At CL (and still in most states today), a grant of an LE from O to A, then remainder to O’s heirs, just creates a reversion in O (not a remainder to O’s heirs).
This is a rule of construction, not of law– so grantor can express his contrary intent.
(Remember this because 0 – A – A’s heirs is Shelley’s Case, but O – A – O’s heirs is DWT. More O’s in the grant and in the doctrine’s name (doctrine, worthier).)
**DOES NOT APPLY IN MA
Under the CL RAP, a class gift that is invalid as to any class member is
void. Bad as to one, bad as to all.
The cy pres doctrine is embraced
by USRAP
Is a joint tenancy alienable, descendible, and devisable?
Alienable (though one party selling will terminate the joint tenancy), NOT descendible or devisable.
Four unities are
T-TIP: time, title, interest, possess
take at same time
by same title (i.e. instrument)
with identical interests, and
right to possess the whole
Act of entering into a K to sell your share of a joint tenancy will
sever the JT as to your interest. (equitable conversion – equitable title is with buyer from moment of K)
For the purposes of the MBE, a tenancy by the entirety arises _______.
For the purposes of MA essays, a TBE arises _______.
presumptively in a grant to married couple.
only if the grant explicitly says TBE. Will presume a grant to a married couple is a tenancy in common.
in MA, a creditor of one spouse can encumber what part of the TBE?
That spouse’s share, BUT can’t defeat the right of survivorship or encumber other spouse’s interest.
An attempt to unilaterally convey your half of a TBE is
void.
if landlord notifies tenant of a rent increase, and tenant holds over past her lease end, the terms of the new lease
will be the new rent price – EVEN IF tenant objected to the increase or said she wouldn’t pay it.
A periodic tenancy is known in MA as a
tenancy at will.
if a tenancy is from year to year (or greater), you must provide how much notice to terminate it?
at least 6 months, unless terms of lease say otherwise.
If a licensee is injured while visiting a tenant, the tenant is
liable, even if the landlord promised to make repairs. (She may, however, be able to seek indemnification from the landlord.)
If a lease is silent about making repairs, the obligation is
the tenant’s, to maintain premises and make ordinary repairs. Tenants cannot commit waste.
If a tenant is going to remove a fixture, when must she do so?
Before the lease ends, otherwise the fixture becomes the landlord’s property.
Constructive annexation occurs when
an item that is so closely connected with realty that it’s treated like a fixture, even though it’s not actually annexed to the realty.
Trade fixtures are
Usually removable, as long as not an integral part of the premises and tenant pays for any damage caused by removal.
Elements of constructive eviction are
SING:
substantial interference notice (given to L) get out (tenant leaves when L doesn't fix problem)
MBE: implied warranty of habitability applies to
residential leases only.
MA: implied warranty of habitability applies to
residential and commercial leases.
If a landlord allows assignment or sublease once, in violation of lease terms, he
has waived right to object to future transfers by that tenant, unless he reserves the right.
Caveat lessee is the
baseline norm on the MBE (not in MA).
