Mnemonics Flashcards
Joint tenacies created by 4PITT
P- possession
I - interest
T - title
T- time
3 types of fee simple estates
S - fee simple subject toconditon subsequent (bop)
A - fee simbl absolut2
D- fee simple determinable (SUD)
4 Ds defeat tenecy by the entirety
- Death of 1 auto vests in the other
- If 1 spouse is debtor, allows sell 1/2
- Duel tranfer
- Divorce
PiP may enforce oral realty
P- buyer paid purchase price
I - buyer made improvements
P - buyer in possession
A donative transfer requires
AID
A – Acceptance by donee
I – Intent to make immediate gift
D –Proper Delivery of signed & acknowledged deed
The CIA gives notice to a real prop buyer
C – Constructive Notice
I – Inquiry Notice
A – Actual Notice
PINTS for real covenants, but TINS for equitable servitudes
P – Privity of Estate
I – Intent by original contracting parties that covenant attach to land & run to future
assignees (Horizontal Privity)
N – CIA Notice of Restrictive Covenant
T – Must Touch & Concern the land
S – Must satisfy the SOF
‘TINS’ is PINTS withouth the element of privity of estate.
PINTS can come in CANS
C – Imposed by Common Owner to protect lands retained
A – Covenants agreed to by Adjoining landowners/neighbors
N – Imposed for the benefit of Neighboring Lands
S – To carry out Common Plan or Scheme
Negative easements are limited to LAWS
L – Light Easements
A – Easements of Air
W – Easements regarding Water use
S – Easements of Support
PIGS create easements
P – Easements by Prescription
I – Easements by Implication (a.k.a., quasi-easements)
G – Easements by Grant
S – Easements by Strict Necessity
A COW partitions realty
C – Court Decree
O – Oral Agreement between all (100%) of the co-tenants provided they all (100%)
go into possession
W – Signed Writing voluntarily partitioning property by exchange of deeds signed by
all co-tenants
You get an implied easement if you find a CRAB
C – Both dominant & servient estates were formerly held by a Common Owner
R – Use of an implied easement is Reasonably Necessary for reasonable use of the
dominant estate
A – Use of the easement was plainly & physically Apparent from reasonable
inspection of the land (exception: implied easement for underground water pipes)
B – Former use of the land subordinated one part of the land for the Benefit of
another part
A CRAM will extinguish an easement
A – Abandonment
C – Condemnation by state’s exercise of eminent domain
R – Signed writing, Releasing the easement
A – Adverse Possession of a servient estate in a hostile manner, preventing use of
the easement
*M – Merger by common ownership of all (100%) of dominant & servient estates,
because one can’t possess an easement, covenant, or profit on her own property
A EUNUCH establishes adverse possession
E – Exclusive Possession (not shared w/ owner)
U – Uninterrupted Possession
N – Notorious & Open Possession, which would put the true owner on notice that a
trespasser was possessing his land & he should bring an ejectment action.
U – Owner was Under no disability (infancy or mental incompetency) when AP
began!
C – Continuous Actual Possession
H – Hostile Possession
The hostility prong of AP is negated if, during 10 yr period, AP calls the owner OPA
O – Offers to buy land from true owner
P – Asks Permission of true owner to use land
A – Acknowledges title’s in owner
Easement Creation
RIPEN
Reservation Implication Prescription Express grant Necessity
COVENANT burden TIPS
The burden of a covenant runs with the land to new owners if the promise Touches and concerns the use of the land, was created with Intent that the burden run with the land, there was Privity of estate between the party to be bound and the original promisor, and the Statute of frauds is satisfied.
EQUITABLE SERVITUDE burden
TINS
The burden of an equitable servitude runs witht the land to new owners if the use restriction Touches and concerns the use of the land, was created with Intent that the burden run with the land, there was actual or implied Notice to the party to be bound, and the Statute of frauds is satisfied.
PIERSON V. POST (1803) One man pursued fox; another killed and took it
Mere pursuit of an animal doesnt give one possession
One man pursued fox; another killed and took it
Mere pursuit of an animal doesnt give one possession
GHEN V. RICH (1881)
A Whale washed up on the beach and D took. P’s Whaling ship killed and marked animal.
Reasonable local usage gives title to first taker of whale who acts by appropriation. Policy: Custon allows whatling industy to remain viable
