Property Flashcards
(122 cards)
1
Q
“delivery” of a deed
A
a deed transfers ownership of real property when delivered by the grantor AND accepted by the grantee.
“delivery” = shown by the grantor’s intent to make a present transfer of the property, which can be implied from the grantor’s words + conduct
once delivered + accepted - grantee OWNS property
2
Q
deed to nonexistent cotenant
A
a deed purporting to transfer real property to a nonexistent cotenant is VOID as to the nonexistent cotenant; creates a tenancy in common b/t grantor + other cotenants named in deed
3
Q
buyer rescission of land sale contract
A
if a seller cannot convey marketable title, the buyer can rescind land sale contract. BUT - if the buyer accepts the land with the defect, and the seller refuses to perform, then the buyer can:
1. rescind the K + seek restitution,
2. seek specific performance w/abatement of purchase price, or
3. sue for damages.
4
Q
subrogation
A
under the doctrine of subrogation, a 3rd party (subrogee) who pays another’s mortgage loan in full becomes owner of loan + mortgage.
subrogation allows a third party to take a senior mortgage’s priority when the 3rd party
1. fully pays off the senior mortgage, and
2. has no ACTUAL knowledge of junior interests.
subrogee can seek reimbursement of debtor/enforce mortgage
5
Q
easement by necessity
A
created when:
1. the dominant estate is virtually useless + landlocked w/o the benefit of an easeement across the servient estate,
2. the two estates were once a single tract of land (must be in common ownership), and
3. the necessity arose when land was severed + two estates were created.
1. necessity, 2. common ownership, and 3. severance
6
Q
license
A
a nonpossessory right to enter another’s land for a specific purpose. freely revocable at any time and for any lawful reason, but if the licensee paid value for the license, the licensor may be required to pay damages for revoking it.
freely revocable upon death/conveyance UNLESS detrimental reliance
NOT SUBJECT TO SOF!!!
7
Q
implied covenant of marketable title
A
seller promises to deliver title that is reasonably free from doubt/under no threat of litigation, such that a reasonable person would accept + pay for it*
unless otherwise stated, this covenant is part of a land sale K
*subject to merger doctrine
8
Q
equitable conversion doctrine
A
unless the land sale K states otherwise, the doctrine places risk of loss on the BUYER once K is formed. can be specifically enforced*
*minority of jdx have Uniform Vendor + Purchaser Risk Act - seller retains risk of loss until buyer takes possession
9
Q
merger doctrine
A
the seller’s duties in a K for the sale of real property (including duty to deliver marketable title) merge into deed at closing.
as result, those duties enforceable after ONLY IF in deed
10
Q
tenancy at will
A
created: by agreement, implied when person allowed to possess premises w/o paying rent
duration: indefinite
termination: at any time (w/reasonable notice)
11
Q
race jurisdiction
A
in a race jdx, the interest holder who records FIRST will prevail
the winner is the first to record
“first record”
12
Q
notice jurisdiction
A
subsequent BFP WITHOUT notice of earlier property interest will prevail
AKA last BFP wins
“without notice,” “in good faith”
*BFP = bona fide purchaser
13
Q
race-notice jurisdiction
A
subsequent BFP (1) WITHOUT notice of earlier property interest, who (2) records FIRST will prevail
AKA the first BFP to record will win!
“without notice, who shall first record”
*BFP = bona fide purchaser
14
Q
acquiring title via adverse possession
A
ECHO
Exclusive = physical presence on land not shared w/true owner
Continuous = presence is continuous + uninterrupted for entire statutory period
Hostile = possession is w/o owner’s consent
Open, notorious, & actual = possession is apparent or visible to reasonable owner
15
Q
requirements for express equitable servitude
A
TWIN
1. Touch + concern the land (servitude relates to the use of land)
2. Writing (satisfies SoF)
3. Intent (to run w/land, binds successors, “heirs + assigns”)
4. Notice (person had actual, record, or inquiry notice of the servitude)
can only be enforced by original parties + successors in interest
a real covenant enforced in equity
16
Q
special warranty deed
A
provides two limited assurances:
1 - grantor has not conveyed same estate/interest to anyone other than grantee, AND
2 - estate is free from encumbrances made by grantor
17
Q
quitclaim deed
A
conveys whatever interest the grantor has
no covenants of title are expressed or implied (buyer beware)
most popular on bar exam
18
Q
general warranty deed
A
expressly guarantees the grantor’s clear title and six covenants
- seisen
- right to convey
- against encumbrances
- quiet enjoyment
- warrant
- further assurances
protects for defects in title, NOT condition of home
19
Q
fee simple determinable
A
w/possibility of reverter
durational language = so long as, while, during, until it
future interest: possibility of reverter, vests AUTOMATICALLY after durational period ends
20
Q
waste doctrine
A
comes into play when more than one party has interest in same piece of property
- affirmative waste: voluntary conduct, decrease in value
- permissive waste: involuntary conduct, decrease in value
- ameliorative waste: changes use of property, increase in value
21
Q
life estate
A
type of present estate that is limited by a life
look for magic words “for life”
transferrable
any rights the owner (or their assigns) have in the property end upon death!!!!
“pur autre vie” - interest that lasts duration of someone else’s life
22
Q
vested remainder
A
an interest that is:
1. given to an ascertained grantee (someone who can be identified); and
2. not subject to a condition precedent (no condition that must be satisfied in order for the interest to vest)
AKA he’s gonna get this property, we’re just waiting for someone to die
23
Q
executory interests: shifting v. springing
A
a future interest that cuts short (ex. divests) a prior vested interest
springing - divests grantor
shifting - divests prior grantee
subject to RAP
24
Q
requirements for real covenants
A
1 - writing
2 - intent to run w/land
3 - touch + concern land
4 - privity
5 - notice
like equitable servitudes + privity
25
third party owner of subsurface rights
3rd party owners of subsurface rights are *strictly liable* for any failure to support the land and buildings that *predate* the conveyance of those rights, provided that the damage would have occurred in the land's natural state
| but if after mineral rights conveyed --> owner only liable for neg
26
doctrines affecting conveyance by will
* lapse: causes devise to fail if beni predeceases testator.
* ademption: causes devise to fail either by 1) extinction or 2) satisfaction
* exoneration: allows beni of specifically devised real property to use estate's remaining assets to pay off any encumbrances
* abatement: reduces devises that cannot be satisfied by asserts remaining after testator's debts are paid
27
wild crops and property interests
wild, uncultivated crops are considered part of the real property on which they grow. they pass automatically w/the land
BUT - crops that are **planted through cultivation** are considered personal property, and a tenant has a right to these even if the land passes in title
| prior owner has no right to reenter land to remove crops
28
ademption by satisfaction
when the devisee received the devised asset or a satisfactory substitute DURING the testator's life
29
ademption by extinction
when the testator does not own a specifically devised asset at the time of death*
| *also when testator owns devised asset at TOD but it was destroyed/
30
Shelter Rule
recording acts protect purchasers (NOT donees)
gives donees who acquire property from grantor the same protection as the grantor under recording act
| otherwise, "first in time, first in right" rule applies
31
Rule of Convenience
prevents RAP from being applies to class gifts by closing membership when any member of the class is entitled to IMMEDIATE possession as a share in the class gift
32
class gift
created when the gift recipients (donees) are unspecified, but can be identified in the future
contingent future interests that RAP renders void unless interest vests/fails within 21 years after end of relevant life in being when interest was created
33
transfer of mortgaged property + defenses
if assumption of mortgage was part of purchase price - buyer may NOT raise defenses that debtor could have raised.
| buyer who assumes mortgage is primarily liable for debt
34
partition by sale
forced sale of the property where the proceeds are divided iin accordance with each cotenant's ownership interest
| if parition in kind is impossible/impracticable - ct will grant
35
partition in kind
physicial division of the property into distinct lots that are proportionate to each cotenant's ownership interest
36
installment land contract
in a jdx that treats an installment land contract like a mortgage, a buyer in default may redeem the property by tendering the full balance due under the K to the owner prior to foreclosure
## Footnote
under an installment land contract, the seller does not need to deliver marketable title until the purchase price is fully paid
37
four unities to create a joint tenancy
PITT
Possession: tenants share equal right to possess or use property
Interest: tenants have equal interest in property
Title: property interests simultaneously vest in all tenants
Time: property interests received in same instrument of conveyance
| if conveyance doesn't have all --> creates tenancy in common
38
purchase money mortgage (PMM)
a purchase money mortgage (PMM) has **superpriority** over all other liens that arose prior to the PMM - regardless of whether they are recorded
lien against real property given to secure a debt. may also arise when loan proceeds are used for improvements to property
39
lien theory of mortgages
lender receives security interest in property. mortgagor retains title and posession unless lender forecloses
| majority rule
40
title theory of mortgages
lender receives legal title + mortgagor retains right of possession. title reverts to mortgagor once debt is paid. lender can take possession of land at ANY TIME (even if not in default)
41
SoL for adverse possession and owner's incapacity
the SoL for adverse possession will NOT run against a true owner affected with a disability/incapacity (insanity, infancy, incarceration) at inception of adverse possession until the disability is removed
42
seasonal use + adverse possession
seasonal use of property for adverse possession is PERMITTED to still satisfy "continuous" requirement if it is consistent with the type of property being possessed
43
ways to avoid foreclosure
equitable redemption: mortgagor pays full amt of outstanding debt + accrued interest
deed in lieu of foreclosure: mortgagor conveys all interest in mortgaged property to mortgagee
renegotiating debt: parties renegotiate terms of promissory note/mortgage
| in some states, statutory redemption
44
deed in lieu of foreclosure
a deed conveying a mortgagor's interest in the mortgaged property to a mortgagee in lieu of foreclosure. allows the mortgagee to take immediate possession of the property (w/o formalities of foreclosure sale)
| junior interests remain + mortgagor interest is gone (unless reserved)
45
right of redemption - equitable v. statutory right
***equitable right* **- PRIOR to foreclosure sale. ALWAYS exists. pay full amt of debt due to lender prior to foreclosure
***statutory right*** - ONLY if statute exists. exercised in statutory period after property has been sold in foreclosure. pay foreclosure sale price to purchasing party
46
mortgage
an interest in real property given to a lender (mortgagee) to secure a debt. the debtor (mortgagor) can freely transfer mortgaged property to a grantee unless the mortgage states otherwise
after transfer, mortgage remains attached to property/debtor remains personally liable for mortgage debt
47
defects rendering title unmarketable
future interest if future interest holder has not agreed to transfer title
private encumbrance (mortgage, covenant, option, easement)
significant physical defect
title acquired by adverse possession + not quieted by judicial decree
zoning/ordinance violation
48
fixture
tangible personal property (ex. chattel) that is
1. attached to real property in such a manner that it is treated as part of the realty, AND
2. used for some larger component or function of land (like wall to separate properties)
| auto transfers w/land (unless conveyance says otherwise)
49
vested v. contingent remainder
vested - not subject to any condition precedent, AND held by identifiable, living person
contingent - subject to some condition precedent (other than natural termination of prior estate) OR held by unknown/unborn person
50
vested remainder subject to complete divestment
if the occurrence of a subsequent condition will eliminate the remainder interest
| "then to my heirs, but if none survive my friend, then to my lawyer")
51
easement appurtenant
benefits easement owner's land, automatically transfers when land is conveyed (ex. easement by necessity).
since it is tied to the land, the benefit and the burden of the easement rest with the current owners of the dominant and servient estates, respectively.
| TIED TO THE LAND
52
easement in gross
benefits easement holder personally, does NOT transfer when land is conveyed (ex. prescriptive easement)
| remains tied to owner of dominant estate
53
54
right of survivorship
means joint tenant's interest disappears upon death, remaining joint tenants' interets automatically expand proportionally to absorb it
| CANNOT be devised at death, but can be transferred during life
55
what are some of a life tenant's duties?
duty to pay current charges (property taxes, mortgage interests, financial benefits received on property)
duty to prevent waste
duty to make ordinary repairs (to preserve property)
56
defeasible fees
may be terminated by the occurrence of an event. condition will cut short the fee simple
| fee simple determin (POR), FSSCS (ROE or POT), FSSEI (EI)
57
fee simple subject to executory interest
| w/executory interest
## Footnote
FSSEI (EI)
will end upon the happening of an event
future interest (executory interest) held by 3rd party ... NOT grantor
| terminates/cuts short earlier interest (divests)
58
fee simple subject to a condition subsequent
| w/right of entry
## Footnote
FSSCS (ROE/POT)
CONDITIONAL language ("but if," "provided that," "on the condition that")
suggests that the grantor must exercise a right in order to take possession
| the future interest (ROE) does NOT vest auto - must be reclaimed.
59
fee simple
largest possessory estate, capable of lasting forever, inheritable, may be created by ambiguity (b/c default estate)
| O to A; O to A + her heirs
60
term of years
creation: agreement (lease)
duration: fixed period (one month, 3 years)
termination: end of term (auto) or w/breach of certain covenants (like rent or habitability)
61
periodic tenancy
creation: agreement, presumed when lease has no specific end date, operation of law (holdover tenant)
duration: periodically renews until terminated
termination: end of period (proper notice), breach of certain covenants
62
tenancy of sufferance
creation: implied when a tenant keeps possession after lease expires (holdover tenancy)
duration: continues after terminated
termination: LL evicts, T vacates, LL accepts rent + turns into periodic tenancy
| unless req by statute, LL not required to give T notice to vacate
63
grantee (buyer) assumes mortgage
grantee EXPRESSLY agrees to pay + becomes personally liable for the debt (while debtor/officer becomes secondarily liable as surety)
64
grantee (buyer) takes title subject to mortgage
DOES NOT agree to pay and is not personally liable for the debt.
as a result, only the debtor (officer) is liable for default/failure to make payments on mortgage loan
| this is presumed!
65
exoneration-of-liens doctrine (CL)
the recipient of a specific devise of real property can use the remaining assets in the testator's estate to pay off any encumbrances on that property
most states have abolished this - payment of an encumbrance on devised property required ONLY if the will specifies.
66
judicially supervised foreclosure sale
the foreclosing mortgagee must give notice to the holders of any junior interests in the property to eliminate those interests
any others w/an interest in property or are liable to debt may be joined as PROPER - but not UNNECCESSARY parties.
67
closing date
when you don't close on a certain date....technically considered breach, but if no "time is of the essence" clause, failure to perform may constitute a breach, but K CANNOT be rescinded if breaching party can perform within a reasonable time thereafter
68
"due on sale" clause
mortgage documents may contain clause, federally enforceable provision that allows a lender to demand FULL payment of remaining mortgage debt if debtor transfers mortgaged property WITHOUT lender's consent
| except: devise, spouse/child, divorce, to borrower's living trust
69
lien/title theory and joint tenancy
JT may grant a mortgage on his/her JT interest without other JT's consent.
title theory - mortgage DOES sever JT
lien theory - mortgage DOES NOT sever JT
mortgage will attach only to mortgaging tenant's interest
70
right of first refusal (ROFR)
gives its holder an opportunity to acquire property from a seller before it is transferred to 3rd party
to be valid - ROFR must comply with SoF + have reasonable terms
| make sure you identify who has ROFR (maybe both parties)
## Footnote
generally subject to RAP
71
judgment creditors + BFPs
notice recording acts protect BFPs who lack notice of prior interests in same property
| BUT - in most jdx, judgment creditors are not BFPs
72
73
FSSCS + termination
will terminate ONLY IF holder of right of entry affirmatively demonstrates an intent to terminate
74
negotiable v. non-negotiable promissory notes
negotiable - can be assigned by simply endorsing/delivering note to assignee
non-negotiable - requires a separate assignment document to transfer ownership
| + mortgage follows note! once property assign - mortgage auto transfers
75
due-on-encumbrance clause
gives the mortgagee the right to accelerate a mortgage obligation (ex. to demand immediate payment of the full amount of the outstanding loan obligation, including interest) when the mortgagor obtains a second mortgage or otherwise encumbers the property
| *even if it had a juniro mortgage interest but still had a valid clause
76
"wild deed"
a recorded deed that falls outside the chain of title. considered not properly recorded and consequently fails to give constructive notice to subsequent purchasers
77
real covenants v. equitable servitudes
both are promises to NOT do something on land. real covenants remedy is money damages, equitable servitudes' remedy is injunction
| equitable servitude - no privity req
78
estoppel by deed
a grantor who covneys an interest in land by warranty deed before owning it is estopped from later denying the effectiveness of that deed
79
privity of K v. privity of estate
both within the LL/T relationship.
privity of K: shared interest in the lease agreement
privity of estate: successive right to possess the property
80
assignment + LL/T
complete transfer of tenant's interest to third party (assignee) for remainder of lease term
original tenant retains privity of K, remains liable for all covenants in lease (rent),
assignee gains privity of estate + becomes liable to LL for rent + other covenants in lease
| TT + assignee are joint/severally liable for LL harm from breach
81
implied warranty of marketable title
promises that a seller will convey title reasonably free from doubt and "unreasonable risk of litigation" upon closing
title is unmarketable if a future interest holder has not agreed to transfer
82
creation of a fee simple absolute
language that merely limits the purpose of a transfer of property ("for the purpose of") or expresses an intent for how the property be used ("with the intent that") creates a fee simple absolute
| if language only limits purpose of transfer - creates FSA
83
what must a valid deed contain?
1 - grantor's signature,
2 - identity of grantor/grantee,
3 - description of property transferred,
4 - words of transfer
| CONSIDERATION NOT REQUIRED
84
seller disclosure of dangerous conditions
a land seller must disclose unreasonably dangerous conditions if
(1) the condition exists at the time of the sale,
(2) the seller knows or has reason to know of the condition or risk,
(3) the buyer does not know or have reason to know of the condition or risk,
(4) the seller has reason to believe that the buyer would not discover or realize it.
85
tenant breach of duty to pay rent
in a majority of jdx, when a tenant breaches duty to pay rent, LL is only entitled to rental payments AS THEY BECOME DUE - not ALL future rents that would have been due under lease
86
modification of senior mortgage
a modification of a senior mortgage that materially prejudices a junior interest will subordinate the senior mortgagee's interest only as to the modification - but the senior mortgagee's original interest will remain superior.
| as long as the modification does not materially prej junior interest
87
increase in use of easement
may be permitted if increase is modest or reasonable. BUT - increase in the SCOPE of an easement for benefit of property other than the dominant estate - NOT PERMITTED!
88
lien priority on real property
purchase money mortgages (super priority over prior liens) --> first recorded liens (senior priority) --> all other recorded liens (junior priority) --> unrecorded liens (lowest priority)
89
condemnation
taking of land for public use or because it is unfit for use (partial v. complete)
90
Fair Housing Act
federal Fair Housing Act prohibits discrimination in sale/rental/financing of homes (+ other housing-related transactions) based on familial status (having custody of kids under 18, being pregnant)
91
SoF and oral evidence
SoF generally requires transfer of real property to be in writing to be enforceable, but this does NOT prevent introduction of oral evidence to explain or interpret written deed
92
void + unenforceable deed
a deed is void + unenforceable even by a BFP if (1) the grantor's signature is forged, (2) the deed itself is forged, or (3) the grantor is deceived about the nature of the executed document.
93
duty of easement holder
easement holder has a duty to maintain + repair the easement. if easement is shared by others, those parties are obligated to contribute to reasonable costs of repairs/maintenance
94
Rule in Shelley's Case
an instrument that grants a freehold estate (life estate) to a person and remainder to that same person's heirs gives that person BOTH interests
| no intervening interest - merger rule consolidates interests into FSA
95
real estate broker
entitled to commission if
1. a ready, willing, able buyer is produced, or
2. the seller enters into a sales contract w/a buyer during the listing period.
96
profits
nonpossessory right to enter another's land and remove specific natural resources (oil, timber, etc.)
generally created + analyzed like easements - can be implied from existing prior use.
can be created by estoppel if profit holder, in good faith, reasonably + detrimentally relies on permission from owner of land that serves as source of profit
97
condominium v. cooperative
unlike a condo where each owner is responsible for his/her own mortgage, cooperative has a blanket mortgage that generally has priority over occupancy leases
default on mortgage can result in foreclosure proceedigns on property - which would terminate ALL leases
98
common interest communities
like condominiums. they have the implied power to adopt reasonable rules to govern use of common + individually owned property to protect common property in community
99
earnest money
typically constitutes liquidated damages; generally recoverable upon buyer's breach
100
equitable servitudes (implied)
equitable servitudes can be implied by a common scheme if three elements are met:
1. intent to create a common scheme,
2. restrictive covenant,
3. actual/record/inquiry notice.
## Footnote
if a common scheme arises after some lots have already been sold, those previously sold lots will NOT be incorporated into the common scheme or subject to the implied servitude.
101
"one stock" rule
when an exclusive easement in gross is apportioned (divided up), this rule applies. it limits the collective use that transferees can make of the easement to the use that the transferor made of the easement (ex. the transferor's "stock")
102
contract for deed
a type of installment land K that is a mortgage alternative. it allows a buyer to take immediate possession of the property while the seller retains title until the final installment contract is made.
seller could traditionally keep all installment payments and retake possession upon default. but NOW - states assist buyers in default by (1) requiring a foreclosure, (2) offering the equitable right of redemption, or (3) granting the buyer restitution.
103
cotenant acquiring sole ownership via adverse possession
a cotenant can acquire sole ownership of a co-owned property through adverse possession if he/she ousts the other cotenants by preventing them from using or accessing the property (+ meets the other requirements for adverse possession)
104
inquiry notice
exists if a buyer knows, or should know, of circumstances that would prompt a reasonable person to investigate (ex. visible use of the property)
105
riparian v. prior appropriation doctrine
| water rights
riparian: water rights belong to the owners of land that border watercourse. may make any reasonable use of water that does not unreasonably interfere w/downstream use (domestic/natural use > commercial/artificial use)
prior appropriation: water rights determined by priority of beneficial use ("first in time, first in right")
106
types of implied easements (PINE)
Prescription: like adverse possession except for easements
Implication: arises from operation of law/not subject to SoF
Necessity: landlocked
Estoppel: detrimental reliance
107
title insurance policy
a K where the insurer agrees to indemnify (compensate) the insureds within policy limits for any harm caused by title defects (ex. outstanding mortgages) not disclosed in policy
| owner's policy v. lender's policy
108
owner's policy v. lender's policy
**owner's policy**: remainds in effect as long as the property is owned by the insured or conveyed by warranty deed
**lender's policy:** ends once the mortgage is discharged
109
DAMPER
acronym for determining when easements terminate.
Destruction of servient estate
Abandonment
*Merger*
Prescription
Estoppel
Release (satisfies SoF)
| *merger does not occur/no termination if there are future interests
110
after-acquired title doctrine
applies when a grantor conveys property by warranty deed before acquiring title to that property. once the grantor receives title, it will automatically transfer to the earlier grantee. the grantor is then prevented from asserting ownership of the property under the doctrine of estoppel by deed
111
unjustifiable abandonment of leased property
treated as an offer to surrender rights under the lease. the landlord can accept the offer by
1. express agreement, or
2. retaking possession plus either using the property for the landlord's own use or rerenting it.
## Footnote
acceptance terminates the lease, and the tenant is not liable for future rent.
112
tenancy in common and binding individual interest
a tenant in common can bind his/her own interest in the co-owned property without the other cotenants(s)' consent, but has no right to bind the other cotenants(s)' interests in the property
113
equitable conversion and liquidated damages
equitable conversion allows a buyer's equitable title to be transferred upon his/her death, thereby keeping the land-sale contract in effect.
liquidated damages under the K are recoverable ONLY IF they reasonably compensate the injured party (less than 15% of the purchase price)
114
real estate contract
once a buyer and seller execute a sales contract, their exchanged promises become binding. therefore, if the seller is able to transfer title upon closing but refuses to do so, the buyer can sue for breach of K or seek specific performance
115
nonconforming use in zoning
a nonconforming use arises when a property was used in a lawful manner **BEFORE** a zoning law was enacted or amended and that use continues even though it is now prohibited by the zoning law.
when this occurs, the owner of the nonconforming use has a "grandfathered right" to continue that use until
1. it is enlarged, changed, or abandoned, or
2. if provided in the zoning law, the amortization period has passed or the nonconforming use has not been registered.
116
Doctrine of Ancient Lights/available negative easements
common law view: light, air, support, water access
modern view; view, solar access, conservation
| requires express written agreement to enforce!!!!
## Footnote
NOTE: landowners can only restrict another's blockage of light - or other LAWFUL use of their land - through a negative easement (restrictive covenant). those types of easements require EXPRESS WRITTEN AGREEMENT
117
Rule Against Perpetuities (RAP)
under RAP, specific future interests are void if there is any possibility that the interest will not vest within 21 years after the end of all lives in being at the creation of the interest.
RAP DOES NOT apply to future interests held by the grantor (like a possibility of reverter) OR charitable trusts.
118
anti-lapse statute
prevents a devise of real property from lapsing (failing) if certain devisees DIE before the testator and no alternative beneficiary is named.
119
restraints on alienation
direct restraints on alienation (prohibitions on some or all types of transfers) are valid only if they are deemed reasonable. however, TOTAL restraints on the alienability of fee simple estates are ALWAYS unreasonable!!!!
120
landowner duty to provide lateral support
to maintain adjacent land in its natural state - even if that land is improved. if the landowner removes lateral support, **strict liability** is imposed if the resulting harm would have occurred had the land been in its natural state. otherwise, **negligence** liability is imposed.
121
deceased tenant
under a joint tenancy, a deceased tenant's property interest disappears and is absorbed by the surviving tenants due to right of survivorship.
as a result, a judgment lien on the deceased tenant's interest also disappears
122
deed delivery via valid death escrow
a deed is delivered through a valid death escrow when
1. the deed is given to an escrow agent with instructions to transfer it to the grantee upon the grantor's death, and
2. the grantor relinquishes the right to take back the deed.
