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Property - Coggle Diagram

- - - - promise to do or refrain from doing something related to and concerning real property
      - damages
        
        money damages for covenants
        
        equity remedy for equitable servitude
      - when burdens of covenant run with land
        
        covenant must be in writing pursuant to statute of frauds
        
        original parties must have intended to bind their successors in interest to the covenant
        
        must not touch or concern the land
        
        horizontal and vertical privity (horiz = relationship between the original covenanting parties
        
        successor in interest to original burdened party must have notice of the covenant when taking possession (actual, record, inquiry)
      - when benefits will run with the land
        
        writing
        
        intent
        
        touch and concern the land
        
        vertical privity
      - terminated by (1) written release; (2) merger of benefitted and burdened estates; (3) condemnation of the burdened property
  - - - termination
        
        destruction of servient estate
        
        necessity ends (for easement by necessity)
        
        estoppel
        
        abandonment
      - scope
        
        surrounding cirsumstances
        
        express v.
      - by necessity
      - by prior use
      - express
      - by prescription
      - negative
      - affimative
      - in gross
      - appurtenant
- - - - covenants
        
        present
        
        covenant of seisin
        
        covenant of right to convey
        
        covenant against encumbrances
        
        future
        
        covenant of quiet enjoyment
        
        covenant of warranty
        
        covenant of further assurances
    - - presumption of delivery when (1) deed later found in grantee's possession; (2) properly executed and recorded; (3) contains attestation clause to delivery
- - - - Present possessory interests
        
        fees simple subject to condition
        
        fee simple subject to executory interest
        
        fee tail
        
        remainders
        
        indefeasibly vested
        
        vested subject to open
        
        vested subject to total divestment
        
        contingent remainder
        
        subject to condition precedent
        
        for unborn or unascertained persons
        
        life estate
        
        fee simple determinable
        
        fee simple absolute
  - - - right of survivorship
- - - - foreclose
      - sue grantee on debt as grantee is primarily liable
      - sue mortgagor/grantor on debt as secondary liable