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Flashcards in Real Property Deck (97):
1

The Life Estate

An estate that must be measured in explicit lifetime terms and NEVER in years

2

The Life Estate Pur Autre Vie

A life estate measured by the life other than the grantees.

3

Voluntary or Affirmative Waste

Overt conduct that decreases the value.

4

4 Exceptions for life tenant to consume or exploit natural resources (PURGE)

Prior Use
Repairs
Grant
Exploitation

5

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.

6

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.

7

Ameliorative Waste

Change that benefits the property economically

8

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

9

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

10

Common Law Rule of Conveyance

A class closes whenever any member can demand possession.

11

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.

12

Charity to Charity Exception

A gift from one charity to another does not violate the RAP

13

Forms of Concurrent Ownership

1. Joint Tenancy
2. Tenancy by the Entirety
3. Tenancy in Common

14

Joint Tenancy

Two or more own with the right of survivorship

15

Tenancy by the Entirety

A marital interest between married partners with the right of survivorship.

16

Tenancy in Common

Two or more own with no right of survivorship

17

Severance of Joint Tenancy

Sale, Partition and Mortgage

18

Three Variations of Severance and Partition

1. Voluntary Agreement
2. Partition in Kind
3. Forced Sale

19

Partition in Kind

A court action for physical division of blackacre is sold and proceeds are divided proportionally.

20

Forced Sale

A court action if in the best interests of all where Blackacre is sold and proceeds are divided proportionally

21

Tenancy for Years

A lease for a fixed period of time

22

Periodic Tenancy

A lease that continues for successive intervals until L or T give proper notice to terminate.

23

Tenancy at Will

A lease for no fixed duration.

24

Tenancy at Sufferance

Created when T has held over past the expiration of the lease.

25

Tenants Duties

1. T's liability to third parties
2. T's Duty to Repair
3. T's Duty to Pay rent

26

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.

27

T's Duty to Repair

T must maintain the premises and make ordinary repairs.

28

Fixture

A once moveable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve blackacre.

29

L's Remedies if T breaches but is out of possession (SIR)

Surrender, Ignore (minority states) , Relet

30

Landlord's Duties

1. Duty to Deliver Possession
2. The Implied Covenant of Quiet Enjoyment
3. The Implies Warranty of Habitability

31

Duty to Deliver Possession

The majority rule requires that L put T in physical possession of the premises.

32

Implied Covenant of Quiet Enjoyment

T has a right to a quite use and enjoyment of the premises without interference from L.

33

Element for Constructive Eviction (SING)

1. Substantial Interference
2. Notice
3. Goodbye - T must vacate within a reasonable time after L fails to correct the problem.

34

Implied Warranty of Habitability

The Premises must be fit for basic human dwelling.

35

Remedies for Breach of Implied Warranty of Habitability

1. Move out & end lease
2. Repair & Deduct
3. Reduce Rent
4. Sue for Damages

36

Assignment

T transfers his or her interest in whole

37

Sublease

T transfers his or her interest in part

38

Landlord's Tort Liability

Landlord is liable for torts:
1. common areas
2. Latent Defects
3. Assumption of Repairs
3. Public Use

39

Common Areas (Landlord Liability)

Landlord must maintain all common areas

40

Latent Defects Rule

Landlord must warn T of hidden defects that L knows about or should know about

41

Assumption of Repairs

If landlord voluntarily makes repairs negligently he is liable.

42

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)

43

Easements

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.

44

Affirmative Easement

The Right to do something on servient land

45

Negative Easement

Entitles its holder to prevent the servient from doing something that would otherwise be permssible.

46

Categories of Negative Easements (LASS & V)

1. Light
2. Air
3. Support
4. Stream water from an artificial flow.
Minority view: View

47

Easement Appurtenant

2 parcels of land must be involved. A dominant tenement gets the benefit and a servient tenement bears the burden.

48

Easement in Gross

holder acquires right to use servient tenement independent of possession of another tract of land.

49

Ways to Create an Affirmative Easement (PING)

PRESCRIPTION
IMPLICATION
NECESSITY
GRANT

50

Ways to Terminate an Easement (END CRAMP)

ESTOPPEL
NECESSITY
DESTRUCTION
CONDEMNATION
RELEASE
ABANDONMENT
MERGER DOCTRINE
PRESCRIPTION

51

Merger Doctrine

The easement is extinguished when title to the easement and title to the servient land become vested in the same person.

52

License

A mere privilege to enter into another's land for some delineated purpose.

53

Covenant

A promise to do or not do something related to the land. Usually made in conjunction with a lease, deed, or other instrument.

54

Restrictive Covenant

A promise to refrain from doing something related to the land. (I promise not to built for commercial purposes)

55

Affirmative Covenant

A promise to do something related to the land. (I promise to paint our common fence)

56

Retaliatory Eviction

Landlord may not terminate lease or otherwise penalize tenant for exercising his rights.

57

Quit Claim Deed

A release of whatever interest, if any, the grantor has in the property.

58

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.

59

Deed Requirements

1. identification of parties
2. signature of grantor, witnessed or notarized
3. Adequate description of the property
4. No consideration required

60

types of deeds

1. Quitclaim Deed
2. Warranty Deed
3. Statutory Special Warranty Deed

61

Covenants of Title

1. Seisin
2. Right to Convey
3. Against Encumbrances
4. Warranty of Title
5. Quite Enjoyment
6. Further Assurances

62

Covenant of Seisin

Grantor Warrants he owns what he purports to own

63

Covenant of the Right to Convey

Grantor warrants he has the power to make the conveyance

64

Covenant against encumbrances

Grantor warrants there are no mortgages, liens, easements, or use restrictions on the land.

65

Deed Delivery Requirements

1. physical transfer of the deed
2. Intent by the grantor
3. acceptance of the deed by the grantee

66

Ademption

occurs when property is conveyed by will but the property is no longer a part of the testator's estate. The gift will fail.

67

Exoneration

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.

68

Pure Race Statute

The first to record wins

69

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"

70

Types of Notice

Actual Notice
Constructive/Record Notice
Inquiry Notice

71

Actual Notice

occurs when, prior to the time of closing, the buyer has actual subjective notice of a prior, unrecorded interest

72

Record (Constructive) Notice

occurs when the prior interest was properly recorded within the chain of title.

73

Inquiry Notice

occurs where the purchaser of a property is in possession of facts that would lead a reasonable person to make further inquiry.

74

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

75

Lien Theory

(majority rule): the execution of a mortgage by one joint tenant on his share will not sever the joint tenancy.

76

Title Theory

(minority rule): the execution of a mortgage by one joint tenant on his share will sever the joint tenancy as to his share only.

77

Partition

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.

78

Partial Eviction

when the tenant is physically excluded from only part of the leased premises

79

Acts that breach the Covenant of Quiet Enjoyment

1. Actual Eviction
2. Partial Eviction
3. Constructive Eviction

80

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.

81

Requirements for Easement by Necessity

1. common ownership
2. Easement is Strictly necessary

82

Easement by prescription

1. Actual use
2. open, notorious, visible use
3. Hostile use
4. Continuous use for statutory period

83

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.

84

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
5. Notice

85

Horizontal Privity

the original parties must have shared some interest in the land apart from the covenant. (ie. grantor/grantee)

86

Vertical Privity

the successor is now the holder of the entire interest that the party making the covenant had

87

Requirements for Benefit to Run with the land

1. writing between original parties
2. Intent
3. touch and concern
4. Vertical privity

88

Ways to Terminate Covenants

1. Agreement
2. Abandonment
3. Changes in Conditions

89

Equitable Servitude

restrictions on how land may be used.

90

Remedy for Breach of Covenant

Money Damages

91

Remedy for Breach of Equitable Servitude

Injunction

92

Requirements for Equitable Servitude to Run with the Land

1. Writing
2. Intent
3. Touch and concern the land
4. Notice

93

Ways to Terminate Equitable Servitudes

1. Agreements
2. Abandonment
3. Changes in conditions

94

Riparian Rights

Each riparian owner (waterfront streams and lakes that abut property) may use only as much water as he may put to beneficial use.

95

Lateral Support

physical support from adjacent soil

96

Subjacent Support

physical support from underlying soil

97

Profit

Entitles its holder to enter the servient land and take from it the soil or some substance of the soil such as minerals, timber or oil.