Real Property
Land Sale Contracts & Conveyances
Servitudes
Leasehold Estates
Estates in Land
Concurrent Estates in Land
Adverse Possession
Mortgages
Land rights incidental to ownership
Conflicts of Law
Zoning
Doctrine of Waste
Remainder
Life Estate
Vested Remainder
Fee Simple subject to an executory interest
Contingent Remainder
Fee Simple Subject to Condition Subsequent
Rule of Destructibility, Merger, & Doctrine of worthier title
Fee Simple Determinable
Executory Interest
Defeasible Fee
Rule Against Perpetuities
Joint Tenants
Tenants by the Entirety
Tenants in Common
Rights & Duties
Leasehold estates
LL remedies for T's breach: when T retains possession, abandons possession. No self-help, no retaliatory eviction.
Fixtures
LL's Duties and Warranties
Tenant's Duties at Common Law
LL Tort Liability to T's
Assignments & Subleases
Termination of Easements
Licenses and Proftis
Covenants: promise to do or refrain from doing something related to land.
Requirements for burdens of Covenants to Run with the Land
Requirements for Benefits of covenant to run with the Land
Equitable Servitudes
Easement
Reciprocal Negative Servitudes
Misc. Rules
Tacking
Adverse Possession
Deeds
General Warranty deeds & covenants for title
Implied promises
Bona Fide Purchasers for Value
Equitable conversion & risk of loss in land sale K's
Recording Statutes
K's and Conveyancing
Chain of title problems: Shelter rule, Wild deed & Estoppel by deed
R.E. brokers and agents
Transfer of Mortgage Interests and holders in due course
Foreclosure and Mortgagee
Mortgages
Foreclosure & multiple creditors/interests
water rights in watercourses
water rights in groundwater & surface water
Lateral and subjacent support
Special use permits & exactions
Gov zoning power, Variances & nonconforming uses
Requires clear words of intent for remainder to Vest: desire, hope, aspiration = insufficient.
automatic reversion upon some event: future interest = Possibility of Reverter
Grantor retains power to terminate; must take action to do so. Future interest = right of reentry (retained by grantor)
Automatically reverts to 3rd party upon happening of event. Future interest = Shifting executory interest
lasts for life of interest holder: Reversion O "to A for life"; Remainder O "to A for life, then to B"
Pur Autre Vie - measured by someone else's life
Life T can't commit unreasonable use of land and/or injure interests of future-interest holders.
Affirmative/Voluntary
Permissive
Ameliorative
Future Interest in 3rd Person - arises immediately upon termination of preceding estate: Alienable, deviseable, descendible
Vested Remainder subject to total divestment/Executory Limitation
Class Gift - Vested Remainder Subject to Open
Indefeasibly Vested
Subject to a Condition Precedent
Created in favor of an unanscertained or unborn person
Merger: Shelly's rule: Modern: A has life estate and heirs have contingent remainders, O has reversion b/c A could die without heirs.
Worthier Title: When life estate in another but future interest in grantor's heirs. - Contingent remainder in O's heirs is Void: O has a reversion.
Rule of Destructibility: Common law: contingent remainder is destroyed if remains contingent: Modern: reversion to Grantor or grantor's heirs until grantee satisfies condition.
Shifting: "to A, so long as the property is used for storage. But if used for any other purpose, to B": A has fee simple subject to an executory interest. B has shifting executory interest.
Springing Executory Interest: "to A, if an when he gets married". A has executory interest. Grantor has fee simple subject to executory interest: if A gets married, possession springs from grantor to A.
No prop interest is valid unless it must vest, if at all, no later than 21 years after the death of a life in being (Measuring/Validating Life) at the time the interest was created.
Freely transferrable, No survivorship rights, Co-t can force partition
4 Conditions: Time, title, Interest, Possession. Express intent, Right of survivorship, Alienable but not devisable or descendible. Severance creates Tenancy in Common. Mortgage: Lien Theory = majority - JT can take mortgage on her interest without severing JT.
Marital estate only. Similar to JT same 4 conditions. Right of survivorship, no right of partition, protected from creditors. Severance by death, mutual agreement, divorce decree, foreclosure.
Must share rent from 3rd parties
Co-T can't acquire title through adverse possession
Co-T not liable to other co-t's for rent
Co-t's must contribute their share of costs - taxes etc
Possession - right to possess whole
Co-t must seek contribution for reasonable repairs, must inform other co-t's before repairs made
no right to contribution for improvements; but entitled to credit for increase in value (or loss) associated with improvement
Co-t can bring action for waste
Partition/forced sale - JT's and Tenants in Common.
Tenancy for years
Periodic Tenancy
Tenancy at will
Tenancy at Sufferance
To not use property for illegal purposes
Liable to 3rd parties in tort
To pay rent
To repair
Implied Warranty of Habitability
Implied Covenant of quiet enjoyment
tort
Deliver possession: majority = actual possession
Common areas, Latent defects, Assumption of repairs, Public use, Seasonal or short term lease of a furnished dwelling
Assignment: entire leasehold transfers from tenant to assignee: Assignee in privity of estate with LL - bound by all covenants that run with the land. Assignor remains in privity of K w/LL.
Sublease - partial leasehold transfers from sublessor to sublessee: Sublessor is in privity of estate & K w/LL. Sublessess not liable to LL.
In Gross: entitles individual or entity to use the servient estate. Does not attach to land, is no dominant estate. Similar to license but irrevocable, may be transferred.
Appurtenant: entitles dominant estate owner to use a servient estate's land. Passes automatically.
Created by
Negative: Restriction: 1) Light 2) Air 3) Support 4) Stream of water from an artificial flow. Only created by express grant - in writing, signed by grantor. RESTRICTIVE COVENANTS = more common
Affirmative: to make affirmative use
Implication
Necessity
Prescription
Expressly by grant or reservation
In writing, signed by servient estate holder
1) Continuous 2) Open and Notorious 3) Actual 4) Hostile
exists prior to division of single tract, continuous and apparent, reasonably necessary for enjoyment of dominant tenement, intended the use to continue after division. EXCEPTIONS: without prior use where: Subdivision, Profit a Prendre (to extract materials)
Automatically expires when necessity ends.
Scope
Estoppel, Necessity, Destruction of servient tenement, Release, Abandonment, Merger, Prescription, Expiration.
License: (Oral or Written) a right to use another person's (licensor's) land, which is revocable at the licensor's will. Revocable, Inalienable.
Profit: a non-possessory property interest entitling its holder to enter a servient estate to remove resources (minerals, timer, soil, fish, etc.). Rules of easements apply. May be extinguished through misuse or overuse of resources.
Affirmative: promise to do something
Restrictive: promise to refrain from doing something.
Real Covenant: - runs with the land.
Termination: written release, merger of estates, or condemnation of burdened property.
VS Equitable Servitudes: Covenant remedy = money damages; ES = Injuction.
Writing, Intent, Touches & Concerns the Land, Horizontal & Vertical Privity, Notice (successor had notice).
Writing, Intent, Touches & Concerns the Land, Vertical Privity only
Privity not required: a covenant enforced in equity against successors through injunctive relief. Will be enforced against successors who have notice.
Creation: Writing, Intent, Touches & Concerns the land, Notice.
Lot owners in residential subdivisions may enforce restrictions on the use of property against other subdivision lot owners, may be implied from a common development scheme of a residential subdivision.
Created through General/Common Scheme & Notice (Actual, Inquiry, or Record).
Open & Notorious
Actual & exclusive
Continuous for the statutory period
Hostile
Color of Title - part is sufficient to acquire entire property
Government Land - can't be AP'd
Restrictive covenants won't run if use violated, will run if use complied
Leasing - can lease & still AP
SoL: disability, future interests
Non-marketable title, AP land not marketable unless action to quiet title.
Concurrent Owners
AP's can tack together successive periods. Requires PRIVITY - not permitted if one ousts the other.
Co-T's can't AP each others' interests, unless Ouster.