Please enable JavaScript.

Coggle requires JavaScript to display documents.

Property, image Present covenants broken, if at all, at conveyance;…

- - - - Joint tenancy = each co-tenant owns undivided interest in whole and has right of survivorship
        
        4 unities
        
        Unity of title = joint tenants must take by the same instrument
        
        Unity of interest = joint tenants must take equal shares of the same type
        
        Unity of time = joint tennants must take at the same time
        
        Unity of possession = each joint tenant has the right to possess the whole
      - Right of survivorship = at death of 1 joint tenant, decedent's interest goes to surviving joint tenant; only last surviving joint tenant has devisable interest; severed if 1 joint tenant conveys interest voluntarily or involuntarily (creditor forces)--TC results
      - Tenancy in common= each co-tenant owns undivided interest in whole w/ no right of survivorship; presumed form of co-ownership
        
        Possession = unity--each joint tenant has right to possess whole
        
        Transfer = co-tenant may transfer interest inter vivos
        
        Divisibility = co-tenant may devise interest / interest can descend by intestacy
      - Tenancy by the entirety = married couples; presumed some states if conveyance to married couple; each spouse has undivided interest in whole & right to survivorship
      - Right to seek partition of property voluntarily / involuntarily
        
        Co-tenant who pays mortgage or tax may seek contributions from other co-tenants
        
        No right to seek contribution / reimbursement for improvements unless they generate increased rents / profits (recoverable only in partition suit)
        
        Restraints on alienation usu. unenforceable
  - - - Periodic = set beginning, continues period to period (i.e., month to month), no set termination date until notice given; notice must be at end of period; required notice is one full period per rent payment clause / 6 months max
      - Tenancy at sufferance/holdover = tenant remains in possession of premises after end of lease term; LL can recover possession and receive reasonable rental value for holdover period
      - At will = no fixed duration; terminates if either party dies, tenant commits waste, tenant attempts to assign interest, LL transfers interest, or LL transfers premises to 3rd party for term of yrs (most states provide for 30 days notice)
      - Term of years = definite beginning / end; no notice required to terminate
    - - Landlord
        
        Deliver legal right to possession of premises
        
        Water & heat
        
        Duties in lease doc
        
        Quiet enjoyment
        
        Implied warranty of habitability
      - Tenant
        
        Pay rent
        
        Not commit waste
        
        Repair
        
        Other duties as contracted
    - - Tenant breaches
        
        LL may seek to evict and/or recover damages
        
        Modern rule--rent acceleration clauses permitted
        
        Tenant abandons if vacates w/out intending to return and fails to pay rent; LL may retake premises & continue to hold tenant liable for rent or reenter and let premises
        
        LL has duty to mitigate
        
        Retaliatory eviction in response to tenant's complaints prohibited most states
      - Landlord breaches
        
        Tenant may seek $ damages
        
        Tenant may vacate and terminate lease if evicted by LL actively or constructively
        
        Some jurisdictions--addt'l remedies incl. withholding rent, repairing premises and deducting cost from subsequent rent
  - - - Duty to not adversely affect the future interest (waste):
        
        Duty to pay mortgage interest
        
        Duty to pay all ordinary taxes
        
        Duty to repair & maintain
        
        Duty to pay full cost of special assessments if life of public improvement less than duration of life tenant's estate (equitable apportionment for those likely to last longer)
  - - - Identify the life or lives in being, express or implied
        
        Determine whether interest will for certain either vest or fail to vest w/in 21 yrs of the life/lives in being
      - NOT subject
        
        Present possessory estates
        
        Charitable trusts
        
        Resulting trusts
        
        Fully vested interests at creation (such as reversionary interests & completely vested remainders
        
        Subject
        
        Options to purchase land
        
        Powers of appt
        
        Rights of first refusal
        
        Interests not fully vested at creation
        
        Remainders subject to open
        
        Contingent remainders
        
        Executory interests
- - - - Equitable servitude
        
        elements for covenant that runs w/ land established & P seeks equitable relief; OR
        
        P cannot establish all elements but can demonstrate relaxed requirements for equitable servitude
  - - - Taking
        
        govt. exercises eminent domain power to take private property
        
        may take entirety of land in fee simple or an easement or interest in estate of the property
        
        may not be taken for public use w/out just compensation (5th/14th Amend.)
        -per se taking when act by govt. results in permanent occupation of private property; govt. regulation may constitute taking if "goes too far"--balancing test
  - - - By implication (prior use or necessity)
      - By prescription (similar to adverse possession; requires use of property that is OCEAN)
      - Through a writing (SoF)
      - By estoppel (requires proof of act or representation by owner of burdened estate in respect to easement; justifiable reliance on that act or representation by owner; damages suffered by owner of benefitted estate)
    - - Estoppel
      - By prescription
      - Abandonment
      - When dominant and servient estates come into common ownership
      - When holder of dominant estate releases their interest to holder of servient estate
      - End of a time period, if created for specific term
      - When govt. body acquires servient estate through exercise of eminent domain power
- - - - Or by tacking onto period of possession of another if possessors in privity of estate (voluntary transfer of possession from 1st AP by 2nd AP, such as by deed)
      - May be tolled if owner has disability at time adverse possessor enters
  - - - Notice statute
        
        unrecorded conveyance invalid against subsequent bona fide purchase for value and w/out notice
        
        claimant must prove:
        
        claimant took subsequent in time to another person claiming ownership
        
        claimant was bona fide purchaser for value
        
        claimant took property w/out actual notice, constructive notice (other party's deed recorded in proper chain of title), or inquiry notice (appearance of property such that claimant should have asked more questions about the title--quitclaim deed gives rise)
      - Race statute = person who records first prevails
      - Race-notice statute
        
        unrecorded conveyance invalid against subsequent bona fide purchaser for value who takes w/out notice and records first
        
        claimant must prove:
        
        claimant took subsequent in time to another person claiming ownership
        
        claimant was bona fide purchaser for value
        
        claimant took property w/out actual, constructive, or inquiry notice
        
        claimant recorded first
  - - - Physical act
      - Mere words incl. declaration of intent & relinquishment of control
      - Presumed if deed later found in grantee's possession; properly exectued/recorded; or attestation clause
      - By agent only after agent delivers to grantee/grantee's agent