Bar--Property

Question 1

Fee Simple Determinable

Answer 1

so long as, to A while, to A until

Clear durational language–> then goes automatically back to G (Possibility of Reverter)

Question 2

Fee Simple Subject to Condition Subsequent

Answer 2

Clear durational language + carve out right to re-enter

to A but if X happens

Re entry is NOT automatic

Question 3

Life Estate

Answer 3

• -entitled to all ordinary uses and profits of the land

- but Tenant Must not commit Waste

Question 4

Voluntary/Affirmative waste

Answer 4

overt conduct that cause a drop in value

Rule” Tenant must not consume or exploit natural resources on the property unless an exception exists (4)

Prior Use
Repair
Grant
Land is Only suited for exploitation

Question 5

Permissive Waste/Neglect

Answer 5

Defn: letting land fall into disrepair

Rule: life tenant must maintain premises in reasonably good repair

Taxes: life T must pay all ordinary taxes on land-from income or profits. If none,the life tenant is require to pay all ordinary taxes on premises fair rental.

Question 6

Ameliorative Waste

Answer 6

Life tenant must not engage in acts that will enhance property value unless all future interest holders are known and consent

Question 7

Vested Remainder

Answer 7

–A future interest created in a grantee capable of becoming possessory upon expiration of prior possessor estate created in same conveyance

• -never follows a defeasible fee
• cannot cut short a prior transfeeree

Question 8

Contigent Remainder

Answer 8

created in unascertained person or subject to condition precedent or both

Question 9

Condition Precedent

Answer 9

when it appears before the language creating the remainder or is woven into the grant to remainderment;

e.g.. if B graduates from college, to B

Question 10

rule in shelley’s case

Answer 10

Where Grantor conveys to A for life, then on A’s death to A’s heirs and heir is alive–present and future interest merge and give A fee simpl

rule of law (not construction–applies even against grantor’s intent)

Question 11

Doctrine of Worthier Title

Answer 11

When O who is alive creates a future interest in his heirs:

O (alive) to A and then O’s heirs—

no Doctrine: A has life estate, O heir’s have C remainder
Doctrine: remainder void–LIfe estate plus reversion.
(rule of construction, grantor’s intent controls)

Question 12

Indefeasibly Vested Remainder

Answer 12

Holder is certain to acquire estate no strings attached

Question 13

Vested Remainder subject to complete defeasance

Answer 13

right to possession may be cut short because of condition subsequent

e.g. A to life remainder to B but if B dies under 25 then to C.

Question 14

What kind of remainder does B have in the following 2 eg.

1. to A for life and then if B has reached age of 25 to B
2. to A for life, remainder to B provided however that if B dies under 25 to C

Answer 14

1. contingent remainder because conditioned on turning 25

2. vested subject to complete defeasance because she gets it but then it could be taken away

Question 15

Vested Remainder Subject to Open

Answer 15

remainder is group at least one of whom is qualified to take, but each is subject to partial diminution because additional members can still join.

Question 16

When does class close?

Answer 16

When any member can demand possession?

Question 17

Executory Interest

Answer 17

Future interest created in transferee which is not a remainder and which takes effect by either cutting short some interest in another person or in the grantor or his heirs.

Shifting: follows defeasible fee, cuts short someone other than grantor.

Springing: cuts short Grantor.

Question 18

RAP

Answer 18

Future interest void if there is ANY possibility however remote that the given interest may vest more than 21 years after death of a measuring life

Question 19

To What interest does the RAP apply

Answer 19

does not APPLY to:

Future interest in Grantor
Indefeasibly vested remainders
vested remainders subject top open
vested remainders subject to complete defeasance.

Question 20

RAP Special Rule re Open Class

Answer 20

Bad to one bad to all—if gift is bad to anyone in the class than it violates RAP for all of them

Question 21

Joint Tenancy

Answer 21

2 or more own with right of survivorship

Question 22

Tenancy by Entireley

Answer 22

Between married partners with right of survivorship

Question 23

Tenancy in Common

Answer 23

2 or more own with NO right of survivorshop

Question 24

How to create a Joint Tenancy

Answer 24

T-TIP 4 Unities

Time–must give at same Time
T–must give in same instrument
I–give identical interests
P–both have possessor rights in the whole

grantor must clearly express right of survivorship

Question 25

Severing a Joint Tenancy

Answer 25

SPAM 1. Joint tenant sells or transfers interest during lifetime but sale severs the joint tenancy and it becomes a tenant in common-(if more than 2 orig, remaining 2 are still Joint tenants) p. s. merely contracting to sell ends joint tenancy 2. Partition: voluntary agreement, court action, forced sale 3. Mortgage: Joint Tenant's getting a mortgage or lien will sever joint tenancy as to that person's share under the title theory of mortages--Minority Majority: Lien Theory--joint tenant's getting mortgage will not sever tenancy.! ps if one joint tenant die other takes free of dead one's encumrbances

Question 26

Title Theory of mortgages

Answer 26

Minority view--joint tenant getting mortgage stops joint tenancy

Question 27

Lien Theory

Answer 27

getting mortgage will not sever joint tenancy

Question 28

Tenancy in Common

Answer 28

Each co tenant owns an individual part and each has right to possess the whole.

Question 29

Rights of Co-Tenants

Answer 29

Possession of the whole Not Rent from Co-tenant in exclusive possession Rent from Third Parties: (each gets fair share in proportion with % owned) Adverse Possession: cant get it thrue AP carrying costs: each responsible for fair share of taxes, upkeep mortgages Repairs: may repair and seek contribution in line with shares improve: no right Waste: no waste

Question 30

Holdover Tenant in Residential Lease

Answer 30

if L elects to hold over a T who has wrongfully stayed on past conclusion of original lease, implied period tenancy arises measured by way rent is paid (often monthly)

Question 31

Termination of Periodic Tenancy

Answer 31

notice given at last as much as a period itself---unless tenancy is year to year or more, then only 6 months

Question 32

IN LL-T law, who is liable for third parties injuried on the property?

Answer 32

T, regardless of who is resposnible for making repairs (tho T may seek to indemnify the LL)

Question 33

Fixtures--Residential

Answer 33

annexed to realty, objectively shows intent to remain permanently and improves the realty T cannot remove a fixture bc that counts as voluntary waste. But T may remove something she has installed if removal wont cause harm to premises. Where removal causes harm, that is sufficient toto show "intent to remain..." Fixtures pass with ownership of land (special rules for business fixtures)

Question 34

What happens when tenant breaches lease, moves out and stops paying rent

Answer 34

SIR S: LL may treat like a surrender. that he accepts. I: (Minority) LL may ignore move out and hold T liable for rent. R: LL may re-let the premises and sue T for deficiency only **most states say that LL has obligation to try and re-let

Question 35

Elements of Constructive Eviction

Answer 35

SING Substantial interference Notice Goodbye permanent or chronic interference, that T notified L about and he failed to fix, and T must vacata after LL fails to fix the problem

Question 36

IWH, and remedies

Answer 36

only RESIDENTIAL LEASES fit for basic dwelling where LL breaches: (MRRR) move out, repair and deduct, reduce rent, remain in possession and later seek damages)

Question 37

Assignment/Sublease

Answer 37

L can prohbit T from a/s w/o prior written consent/ if L consents to one, he waives right to future unless he reserves the right

Question 38

Who can sue who when there have been multiple subleases or assignments

Answer 38

LL can always sue orig T bc privity of contract LL can always sue person who lives their now bc privity of estate. LL cant sue subletter-no privity at all

Question 39

When is LL liable for torts that occur on premises?

Answer 39

CLAPS Common areas Latent Defects (hidden ones that LL knew or should have known about) Assumption of repairs (where he said he'd repair Public use--an L who leases for public use (convention hall) and knows because of the nature of defect (major) and term of lease (short) that T will not repair, is liable Short term leases of furnished dwellings

Question 40

Easement--how to create

Answer 40

PING Prescription (COAH) Implied--by Prior Use Necessity G--signed express by grantor

Question 41

Negative Easements

Answer 41

LASS light air support and streamwater Only be created signed writing by grantor

Question 42

When do easements pass to successive landowners?

Answer 42

Where the easement is appurtenant (runs with land)--burden of easement runs with land too unless new owner is a bona fide purchaser w/o notice/ Easements in gross may be transferred

Question 43

Real Covenants--how to create

Answer 43

Writing signed by grantor

Question 44

Real Covenants--when do they pass to successive owners

Answer 44

Burden runs when WITHN Writing, Intent, Touch and Concern, Horizontal and Vertical Privity, Notice Benefit Runs when WITV Writing, Intent, Touch and concern, Vertical Privity

Question 45

General Scheme Doctrine

Answer 45

In a subdivision, where each plot has a residential use covenant, that coventant will bind owners whose deeds do not contain the covenant where (1) common scheme (2) unrestricted lot owners had notice (constructive is fine)

Question 46

easement

Answer 46

The grant of a nonposessory property interest that entitles its holders to some form of use or enjoyment of another's land called servient tenament

Question 47

Easement Appurtenant

Answer 47

When easement benefits holder in his physical use or enjoyment of his property (takes 2--dominant gets benefit, servient bears burden)

Question 48

Easement in Gross

Answer 48

Where it confers upon its holder only some personal or pecuniary advantage that is not related to use or enjoyment----like right to swim in another's pond, lay power lines on others land, place a bill board.

Question 49

Easement implied by prior/existing use

Answer 49

will be implied where previous use was apparent and parties expected it would continue because it was reasonable neccessary to dominant land's use and enjoyment.

Question 50

Termination of an Easement

Answer 50

END CRAMP Estoppel--servient estate materially changes her position on reliance that easement will not be enforced. Necessity--easements created by necessity stop when need ends unless express. Destruction--unless by willfull conduct of servient owner Condemnation--by eminent domain Release--written release Abandonment--demonstrated by physical action, intent never to use again NOT mere non use or words Merger--two lands owned by same person Prescription--COAH.

Question 51

Lincence--what, how, how to crate

Answer 51

a mere privilege to enter another's land for a designated purpose need not be in writing freely revokable unless estoppel applies to bar (where lincecess has invested money or labor or both) e.g. tickets to event, or an oral easement

Question 52

A profit

Answer 52

entitles a holder to enter the servient land and take from it--shares all easement rules.

Question 53

Covenant

Answer 53

a contract or promise regardingthe land, and what you promise to do or not do with it may be negative (restrictive) or affirmative (paint, build)

Question 54

Difference between a covenant and an equitable servitude?

Answer 54

you know by remedy that plaintiff seeks if they seek damages--its a covenant if they seek injunction--it is an equitable servitude

Question 55

When is there horizontal privity for sake of determining whether burdens run with land?

Answer 55

Between original parties Succession of esatate--grantor/grantee, mortgagor/ee, LL?tenant

Question 56

When is there vertical privity for sake of determining whether burden.benefit runs with land?

Answer 56

Any non hostile nexus--blood, contract, devise, descent--just not adverse possession

Question 57

How do you create an equitable servitudes?

Answer 57

WITN (equitable servitude, Witness) Writing Intent Touch and Concern Notice

Question 58

Defenses to Equitable Servitudes

Answer 58

Changed conditions--not enough for there to be change in limited pockets, must be so pervasive that entire area has changed

Question 59

Adverse Possession

Answer 59

COAH Tacking of time is permissible where current possessor and old one were in privity (non hostile--no adverse possession) where you oust previous owner, cannot tack on their time.

Question 60

What happens when land contract recites more than actual size of land?

Answer 60

Specific performance, reduced by reasonable reduction of price.

Question 61

Implied Promise to Provide Marketable Title

Answer 61

IN EVERY LAND CONTRACT title free from reasonable doubt--free from law suit or threat of litigation unmarketable if: adverse possession, encumbrances (like a fee simple determinable) zoning violations. **seller has right to satisfy an outstanding mortgage lien at closing with the proceeds f the sale normally an easement is an encumbrance unless it benefits or is visible/known

Question 62

Two promises in every land contract

Answer 62

provide marketable title | not make false statements of material fact

Question 63

Seller's promise not to make any false statement of material fact

Answer 63

- -and also disclose major latent defects | - -may be disclaimed through general disclaimer (as is, with all faults)

Question 64

When is a deed delivered

Answer 64

Physical Transfer, mail messenger, agent-- or present intent to be bound immediately whether or not deed was handed over. rejection of deed: express rejection OK oral conditions on deeds are void. may deliver by escrow--grantor gives escrow agent instructions to deliver once certain conditions are met.

Question 65

Types of Deed

Answer 65

Quitclaim--no covenants | Warranty deed--best

Question 66

Quit Claim deed

Answer 66

grantor promises nothing, not even that he has title

Question 67

General Warranty Deed

Answer 67

contains 6 covenants. present (breached at delivery) Sisen: grantor owns estate Right to convey: grantor has power to transfer (no restraints or disabilities) Against encumbrances: no servitudes, mortgages ``` future: quiet enjoyment (no distrurb by claims of possession by 3rd parties) warranty Grantor will defend grantee against lawful title claims further assurances: grantor will do whatever is needed in future to protect title. ```

Question 68

Special Warranty Deed

Answer 68

Grantor promises he has not conveyed title to anyone other than grantee property is free from encumbrances made by grantor

Question 69

Bona Fide Pruchaser

Answer 69

Purchaser for value, and w/o notice that someone else got their firtst.

Question 70

When does a purchaser have notice that a previous buyer got there firsdt?

Answer 70

AIR actual-- inquiry--someone else has possession! reasonably exam of land would show. or if recorded instrument makes reference to an unrecorded transaction, whatever reasonable follow up would show record: deed was recorded.

Question 71

Shelter Rule

Answer 71

one who takes from a BFP will prevail against any entity that the transferor BFP would have prevailed against (even if that person would no be a BFP)

Question 72

Wild Deed

Answer 72

where O--A (no record) then A-B recorded. A-B is not connected to other chains because O-A is missing; cannot give notice to future parites.

Question 73

Estoppel by Deed

Answer 73

if you convey land to someone that you do not own, but then you later own it, you cant claim that they dont own it bc you did not own it at time of transfer

Question 74

Equitable Mortgage

Answer 74

When you give the deed to the mortagee instead of a note Parol E is OK to show that it was not a transfer

Question 75

Can creditor-mortgagee transfer their interest?

Answer 75

Yes by endorsing note and delivering to transferee---or executing separate document of assignment BUT: if note is endorsed and devliered transferee is elegible to become a holder in due course===he can take note free of any personal defences that could have been available against original mortgager. (like lack of consideration, fraud, unsconsc, waiver, esopptel) is still subject to REAL defencnses. ``` MAD FIFI-4 matierial alteration duress fraud in fact incapcity ilegality infancy insolvency ```

Question 76

What are the Real defenses to mortgager?

Answer 76

``` MAD FIFI-4 matierial alteration duress fraud in fact incapcity ilegality infancy insolvency ```

Question 77

How does one become a holder in due course?

Answer 77

note is negotiable original is endorsed and signed by mortagee original delivered to transferee transferee accepts in good faith w/o illegality transfere pays value for note more than nominal

Question 78

Who is personally liable on the debt if the debtor mortager sells his property?

Answer 78

If buyer assumes mortgage: Both original debtor, and land purchaser if buyer takes subject to mortgage: Buyer has no personal liability--but if he doesn't pay bank may foreclose

Question 79

What happens with surplus?

Answer 79

first goes to attorneyees fees and foreclusre expenses plus accrued interest on first bank's lien--then to superior lenders then junionr

Question 80

What effect does foreclosure have on junior and senior interests?

Answer 80

Terminates junion interest holders interest: but must join them and the debtor bcause they are neccessary parties--failure means their interest will remain on land.

Question 81

Who has priority?

Answer 81

Purchase Money Mortagee--who lends money to buy land, and interest is in that land they will have priority over even prior acquired After Acquired Collateral Clauses holders *like secured transactions) where an interest holder changes term to make them more budensome a junior interest holder will take priority over the modification if properly joined.

Question 82

Right to equitable redemtion

Answer 82

until foreclosure, debtor can try to redeem land--right ends once forclosed. done by paying off mispayment and interest. or in case of acceleration clause--pay in full and interest. cannot be waived

Question 83

Statutory right of redemption

Answer 83

some states---gives debtor right to redeem after foreclsure for period of time. by paying foreclosure sale price. debtor typically may possess during that time.

Question 84

Riparian Doctrine of Water Rights

Answer 84

water belongs to oner of land bodering water, they share right of reasonable use--cant interfere with others

Question 85

Prior Appropriation Doctrine of water

Answer 85

anyone can aquire rights to water, first in time first in right, any productive or beneficial use even agricultural

Question 86

Rights to Groundwater

Answer 86

reasonable use and not wasteful.

Question 87

Surface Water

Answer 87

common enemy rule: everyone do waht they want to get surface water away some dont allow unneccessary harm to others

Question 88

Zoning Variance

Answer 88

to acheive flexibility in zoning" | show undue hardship. wont harm neigbors value if yu grant a variance.

Question 89

Present Warranties *3

Answer 89

do not run with the land and cannot be enforced by remote grantees! some states allow remote grantee to sue on covenant against encumbrance unless he had notice of it.