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Real Property (Estates in Land (Vested Remainder (Vested Remainder subject…
Real Property
Estates in Land
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Remainder
Future Interest in 3rd Person - arises immediately upon termination of preceding estate: Alienable, deviseable, descendible
Life Estate
lasts for life of interest holder: Reversion O "to A for life"; Remainder O "to A for life, then to B"
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Rule of Destructibility, Merger, & Doctrine of worthier title
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.
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Executory Interest
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.
Defeasible Fee
Requires clear words of intent for remainder to Vest: desire, hope, aspiration = insufficient.
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Servitudes
Termination of Easements
Estoppel, Necessity, Destruction of servient tenement, Release, Abandonment, Merger, Prescription, Expiration.
Licenses and Proftis
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.
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Equitable Servitudes
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.
Easement
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.
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Created by
Implication
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)
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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
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Leasehold Estates
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LL remedies for T's breach: when T retains possession, abandons possession. No self-help, no retaliatory eviction.
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LL Tort Liability to T's
Common areas, Latent defects, Assumption of repairs, Public use, Seasonal or short term lease of a furnished dwelling
Assignments & Subleases
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.
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Adverse Possession
Misc. Rules
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Restrictive covenants won't run if use violated, will run if use complied
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SoL: disability, future interests
Non-marketable title, AP land not marketable unless action to quiet title.
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Concurrent Owners
Co-T's can't AP each others' interests, unless Ouster.
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Zoning
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Gov zoning power, Variances & nonconforming uses
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