Real Property Flashcards
Fee simple absolute -> Runs forever, and freely alienable (but with condition is ok)
Presumed except otherwise stated. “To A” means fee simple absolute and it means “to A and his heir”
Fee simple determinable -> Duration
“so long as”, “during”, “while”, and “until”
Fee simple subject to condition subsequent -> conditional-> not end automatically
“but if”, “provided”, “however”, and “upon condition that” -> when inconsistent -> Prefer over Fee simple determinable
Fee Simple subject to Executory Limitation
Pass to other grantee
Life tenant needs to maintain /repair the property, otherwise permissive waste (insurance not needed)
substantial changes to the premise -> need to increase the value of premise (look at relatively useless to current use)
Example: for A for life, then sell her life estate to B
B has life estate pur autre vie subject to A’s life, when B dies, to B’s estate until A dies.
Future interests to grantor (Not subject to RAP): 1.Reversion 2. Possibility of Reverter (usually with fee simple determinable) 3. Right of entry (usually with fee simple subject to a condition subsequent; needs to be expressly written)
Future interests to grantee: 1. Reminder 2. Executory Interests
Remainder 1: Vested Remainder -> No condition preceded + Ascertainable Person
Remainder 2: Vested Remainder subject to open -> no condition preceded + class of member (children， but cannot be born later than 10 months or 280 days of grantors’ death)
Remainder 3: Contingent Remainder: Condition preceded + No ascertainable Person
Remainder 4: Vested Remainder subject to Divestment (interests can be divest): Identified person +condition subsequent
Executory Interests: shifting - from grantee to grantee
Executory Interests: springing - from grantor to grantee (example: A to B if B marries C)
For vested remainder subject to open, if 1 class member void, all void
Age contingency: more than 21 years after Testator’s death
Joint Tenancy: Needs to be same time, same title, same interests and same right (needs “joint tenancy” like language)
“jointly” or “joint owner” would be tenancy in common
Conveyance of interests destroy right of survivalship, the conveyee has tenancy in common.
The rest still has joint tenancy but the conveyed part is forever gone. (In lien theory state -> Mortgage cause no severance; title theory state -> Mortgage cause severance) Servence occur when contract of Sale is entered. -> But for when creditor obtain a judgement, there is not a sale yet.
Tenancy in Common: Created when 4 elements for joint tenancy are not met or unclear language
Co-tenant contribution: needs to pay tax, mortgage, and repair necessary utility, but does not have to pay for improvement
Partition: if capable to divide -> partition by kind / If unable to divide -> partition by sale
Landlord: Acceptance of Rent creates periodic tenancy by operation, even though statute of fraud violated; tenancy at will -> termination by death, waste, assignment, transfer of title and lease by landlord to someone else
If premise is destroyed without fault of tenant, he can terminate lease without paying.
noisy neighbors and criminal activity by other tenants in Texas -> can be violation of quiet enjoyment (look for Provisions on smoke alarm and lock, and but not stained carpet)
retaliatory eviction is presumed if the eviction occurs within 90-180 days of reporting
Assignment: transfer everything, holding nothing back.
Sublease: Transfer a portion of the lease period, hold some time back.
liability is found if touch and concern the land (can be established by privity of Estate or privity of contract; there is no privity exist on sublease)
Non-assignment clause -> if waived once without indicating future assignment right, then it is wavied for all times -> cashing the check has same effect.
Fixture: attach to the property with substantial degree;
Easement: easement of a year or less do not have to be in writing, the others do.
Easement by Prescription: needs visible and notorious and adverse. Seasonal occupation is ok (For MBE -> needs 20 years, for Texas Essay -> needs 10 years)
Easement in gross: for commercial use is always transferable; if use is personal in nature -> transfer needs consent
Development on Easement needs to be reasonable use, whether it was foreseeable when easement was given and it needs to be only benefiting the dominant estate, not others
Covenant: when either side has successors and privity, needs: Intent, Notice, needs touch and concerns the land/ Needs horizontal privity, between original party independent of convents. (Look at shared interests, conveyance, with a promise)
Vertical Pvitity -> needs to transfer of the entire estate to the succesors.
For benefit: only requires any succeeding possessory estate, not entire estate.
When both parties are successors, if burden side test fails, benefit side cannot enforce montetory damage on burden side
Servidtude: Only needs intent + Covenant touch and concerns the land -> needs notice of the covenant -> equitable relief, no privity needed.
Adverse Possession: Require hostile, exclusive lasting, uninterrupted, visible, actual. Period in (Texas: recorded deed with Taxes but defective deed -> 5 years/ Pure Possession: 10 years, more than 160 acres / 25 years when true owner under disability)
Color of Title only possess a part of the larger unit, constructive adverse possession can give title to the vest of the property -> 1. The amount actually possessed must bear a reasonable relationship to the whole 2. The property must be unitary (decision by road destroy unity) -> 1. usually substantial parts 2. leasing a property does make adverse possession possible (satisfy actual possession)
For fee simple determine automatically ends and adverse possession clock starts (but not for fee simple subject to condition subsequent)
Joint Tenant -> clock starts after he is actually excluded from property, mere adverse doesn’t count
