Flashcards in Real Property Deck (97):
The Life Estate
An estate that must be measured in explicit lifetime terms and NEVER in years
The Life Estate Pur Autre Vie
A life estate measured by the life other than the grantees.
Voluntary or Affirmative Waste
Overt conduct that decreases the value.
4 Exceptions for life tenant to consume or exploit natural resources (PURGE)
Open Mines Doctrine
If mining was done on the land before the life estate began: the life tenant may continue to mine, but is limited to the mines already open.
Permissive Waste and the Obligation to Repair
The life tenant must simply maintain the premises in reasonably good repair, pay all ordinary taxes on the land to the extent of income or profits from the land, if no income or profits must pay all ordinary taxes to the extent of the premises fair market value.
Change that benefits the property economically
Future Interests (6 categories)
1. Possibility of Reverter
2. The right of Entry
3. The Reversion
4. A vested Remainder
5. A contingent Remainder
6. An executory interest
Lien Theory of Mortgages (joint tenancy)
A joint tenant's execution of a mortgage on his or her interest will not sever the joint tenancy
Common Law Rule of Conveyance
A class closes whenever any member can demand possession.
The Rule Against Perpetuities (RAP)
Certain kinds of interests are void if there is any possibility, however remote, that the given interest may vest more than 21 years after the death of a measuring life.
Charity to Charity Exception
A gift from one charity to another does not violate the RAP
Forms of Concurrent Ownership
1. Joint Tenancy
2. Tenancy by the Entirety
3. Tenancy in Common
Two or more own with the right of survivorship
Tenancy by the Entirety
A marital interest between married partners with the right of survivorship.
Tenancy in Common
Two or more own with no right of survivorship
Severance of Joint Tenancy
Sale, Partition and Mortgage
Three Variations of Severance and Partition
1. Voluntary Agreement
2. Partition in Kind
3. Forced Sale
Partition in Kind
A court action for physical division of blackacre is sold and proceeds are divided proportionally.
A court action if in the best interests of all where Blackacre is sold and proceeds are divided proportionally
Tenancy for Years
A lease for a fixed period of time
A lease that continues for successive intervals until L or T give proper notice to terminate.
Tenancy at Will
A lease for no fixed duration.
Tenancy at Sufferance
Created when T has held over past the expiration of the lease.
1. T's liability to third parties
2. T's Duty to Repair
3. T's Duty to Pay rent
T's Liability to Third Parties
T is responsible for keeping the premises in good repair. T is liable for injuries sustained by third parties T invited even where L promised to make all repairs.
T's Duty to Repair
T must maintain the premises and make ordinary repairs.
A once moveable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve blackacre.
L's Remedies if T breaches but is out of possession (SIR)
Surrender, Ignore (minority states) , Relet
1. Duty to Deliver Possession
2. The Implied Covenant of Quiet Enjoyment
3. The Implies Warranty of Habitability
Duty to Deliver Possession
The majority rule requires that L put T in physical possession of the premises.
Implied Covenant of Quiet Enjoyment
T has a right to a quite use and enjoyment of the premises without interference from L.
Element for Constructive Eviction (SING)
1. Substantial Interference
3. Goodbye - T must vacate within a reasonable time after L fails to correct the problem.
Implied Warranty of Habitability
The Premises must be fit for basic human dwelling.
Remedies for Breach of Implied Warranty of Habitability
1. Move out & end lease
2. Repair & Deduct
3. Reduce Rent
4. Sue for Damages
T transfers his or her interest in whole
T transfers his or her interest in part
Landlord's Tort Liability
Landlord is liable for torts:
1. common areas
2. Latent Defects
3. Assumption of Repairs
3. Public Use
Common Areas (Landlord Liability)
Landlord must maintain all common areas
Latent Defects Rule
Landlord must warn T of hidden defects that L knows about or should know about
Assumption of Repairs
If landlord voluntarily makes repairs negligently he is liable.
Public Use Rule
L who leases public space and who should know, because of the nature of the defect and length of the lease that T will not repair, is liable for any defects on premises. (ex. banquet hall leased for one night)
The grant of a non possessory property interest that entitles its holder to some form of use or enjoyment of another's land, called the servient tenament.
The Right to do something on servient land
Entitles its holder to prevent the servient from doing something that would otherwise be permssible.
Categories of Negative Easements (LASS & V)
4. Stream water from an artificial flow.
Minority view: View
2 parcels of land must be involved. A dominant tenement gets the benefit and a servient tenement bears the burden.
Easement in Gross
holder acquires right to use servient tenement independent of possession of another tract of land.
Ways to Create an Affirmative Easement (PING)
Ways to Terminate an Easement (END CRAMP)
The easement is extinguished when title to the easement and title to the servient land become vested in the same person.
A mere privilege to enter into another's land for some delineated purpose.
A promise to do or not do something related to the land. Usually made in conjunction with a lease, deed, or other instrument.
A promise to refrain from doing something related to the land. (I promise not to built for commercial purposes)
A promise to do something related to the land. (I promise to paint our common fence)
Landlord may not terminate lease or otherwise penalize tenant for exercising his rights.
Quit Claim Deed
A release of whatever interest, if any, the grantor has in the property.
Junior Lienholder Equitable Right
A junior lienholder has an equitable right to pay off the senior lien prior to foreclosure and become subrogated to the rights of the senior lienholder.
1. identification of parties
2. signature of grantor, witnessed or notarized
3. Adequate description of the property
4. No consideration required
types of deeds
1. Quitclaim Deed
2. Warranty Deed
3. Statutory Special Warranty Deed
Covenants of Title
2. Right to Convey
3. Against Encumbrances
4. Warranty of Title
5. Quite Enjoyment
6. Further Assurances
Covenant of Seisin
Grantor Warrants he owns what he purports to own
Covenant of the Right to Convey
Grantor warrants he has the power to make the conveyance
Covenant against encumbrances
Grantor warrants there are no mortgages, liens, easements, or use restrictions on the land.
Deed Delivery Requirements
1. physical transfer of the deed
2. Intent by the grantor
3. acceptance of the deed by the grantee
occurs when property is conveyed by will but the property is no longer a part of the testator's estate. The gift will fail.
When a person receives a specific property by will and the property is subject to a lien, the lien is paid off by the estate's personal property and the recipient receive the property free and clear unless the testator indicates a contrary intent.
Pure Race Statute
The first to record wins
Race Notice Statute
A subsequent Bona fide purchaser that records first prevails over a grantee that didn't record first.
"without notice, who shall first record"
Types of Notice
occurs when, prior to the time of closing, the buyer has actual subjective notice of a prior, unrecorded interest
Record (Constructive) Notice
occurs when the prior interest was properly recorded within the chain of title.
occurs where the purchaser of a property is in possession of facts that would lead a reasonable person to make further inquiry.
Requirements for Creation of Joint Tenancy
1. Time: interest created at the same time
2. Title: parties take in the same title
3. Interest: identical equal interests
4. Possession: Same Right to possession of the premises
5. Expressed right of survivorship
(majority rule): the execution of a mortgage by one joint tenant on his share will not sever the joint tenancy.
(minority rule): the execution of a mortgage by one joint tenant on his share will sever the joint tenancy as to his share only.
occurs when through voluntary agreement or judicial action if in the best interest of all parties, the property is divided, or ordered sold and the proceeds distributed.
when the tenant is physically excluded from only part of the leased premises
Acts that breach the Covenant of Quiet Enjoyment
1. Actual Eviction
2. Partial Eviction
3. Constructive Eviction
Requirements for Easement by Implication
1. land was originally one parcel with common ownership
2. the land was severed into more than one parcel
3. the use of the property existed prior to severance.
Requirements for Easement by Necessity
1. common ownership
2. Easement is Strictly necessary
Easement by prescription
1. Actual use
2. open, notorious, visible use
3. Hostile use
4. Continuous use for statutory period
Easement by Estoppel
where the servient parcel allows use of the property such that it is reasonable that the user will substantially change his position in reliance on the belief that the permission will not be revoked.
Requirements for Burden to Run with the land
1. writing required between original parties
2. Intent that the promise apply to successors to the property.
3. Must Touch and Concern the land.
4. Horizontal and Vertical Privity
the original parties must have shared some interest in the land apart from the covenant. (ie. grantor/grantee)
the successor is now the holder of the entire interest that the party making the covenant had
Requirements for Benefit to Run with the land
1. writing between original parties
3. touch and concern
4. Vertical privity
Ways to Terminate Covenants
3. Changes in Conditions
restrictions on how land may be used.
Remedy for Breach of Covenant
Remedy for Breach of Equitable Servitude
Requirements for Equitable Servitude to Run with the Land
3. Touch and concern the land
Ways to Terminate Equitable Servitudes
3. Changes in conditions
Each riparian owner (waterfront streams and lakes that abut property) may use only as much water as he may put to beneficial use.
physical support from adjacent soil
physical support from underlying soil