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Property - Coggle Diagram

- - - - duty to not adversely affect the future interest (waste)
      - duty to repair and maintain
      - duty to pay mortgage
      - duty to pay all ordinary taxes
      - duty to pay the full cost of special assessments if the life of the public improvement is less than the duration of the life tenant's estate.
  - - - Identify whether or not the interest is subject to RAP
      - Interests not subject to RAP
        
        present possessory estates
        
        charitable trusts
        
        resulting trusts
        
        fully vested interests at creation, such as revsionary interests and completely vested remainders
      - Interest subject to RAP
        
        options to purchase land
        
        powers of appointment
        
        rights of first refusal
        
        interests not fully vested at creation
        
        remainders subject to open
        
        contingent remainders
        
        executory interests
      - Identify the life or lives in being, express or implied
      - determine whether the interest will for certain either vest or fail to vest within 21 years of the life or lives in being
  - - - Possession: each has right to posses whole
      - Transfer: Co-tenant may transfer his interest inter vivos
      - Divisibility: Co-tenant may devise his interest and the interest can descend by intestacy
    - - 4 unities required
        
        unity of time: take at same time
        
        unity of title: same instrument
        
        unity of interest: equal shares of same type
        
        unity of possession: each has right to possess whole
  - - - term of years: definite beginning and end, no notice to terminate
      - periodic: set beginning and continues from period to period (month to month). termination upon notice. notice must be at the end of a period. notice must be the length of at least one period but no longer than 6 months
      - At will: no fixed duration. terminates if either party dies; tenant commits waste; the tenant attempts to assign his interest; the landlord transfers his interest; or the landlord transfers the premises to a third party for a term of years. most states provide 30 day notice
      - Tenancy at Sufferance/Holdover Tenancy: tenant remains in possession of the leased premises after the end of the lease term. The landlord can recover possession and receive the reasonable rental value for the holdover period.
    - - pay rent
      - not commit waste
      - repair
      - other duties as contracted
    - - deliver legal right of possession of premises
      - water/heat
      - duties in lease document
      - quiet enjoyment
      - implied warranty of habitability
- - - - end of time period
      - dominant estate releases interest to holder of servient estate
      - abandonment
      - estoppel
      - by prescription
      - govt. body acquires the servient estate through an exercise of the eminent domain power
- - - - description of property
      - description of parties
      - price
      - any conditions of price or payment agreed upon