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Property - Coggle Diagram

- - - - Writing always required
  - - - Balancing test:
        court considers economic impact on property owner, extent regulation interferes w/ investment-backed expectation, and character of gov't action
- - - - Duty to:
        not commit waste
        repair and maintain
        pay mortgage interest
        pay all ordinary taxes
  - - - Contingent
      - Vested
  - - - Undivided interest with right of survivorship
      - Four unities:
        Unity of time
        Unity of title
        Unity of interest
        Unity of possession
      - Severed if one joint tenant conveys interest voluntarily or involuntarily
    - - Same as Joint but for married couples
    - - Undivided interest in whole with no right of suvivorship
      - Presumed form of co-ownership
      - Co tenant may transfer interest inter vivid or devise
    - - Types of leases: Term of years
        Periodic
        At will
        Holdover
      - Duties of Tenant:
        Pay rent
        Not commit waste
        Repair
        Contracted duiies
      - Duties of Landlord: Deliver legal right to possession of premises
        Water and heat
        Duties in lease document
        Quiet enjoyment
        Implied warranty of habitability
      - Assginment
        
        Tenant transfers to third party all rights in leased premises
        
        Assignee under privity of estate and can be sued
      - Sublease
        
        Tenant transfers less than all rights to third person
        
        No prvitiy of estate; can't be sued
- - - - Warrants no title defects occurred during ownership but does not warrant against title defects that occurred prior
      - Covenants
        
        Present:
        Seisin
        Right to convey
        No encumbrances
        
        Future:
        Quiet enjoyment
        Warranty of defending title
        Further assurances to perfect title defects
    - - Grantor provides no warrants
    - - No title defects exist in chain of title
  - - - Person who records first prevails
    - - Unrecorded conveyance is invalid against subsequent bona fide purchaser for value and w/out notice
    - - Unrecorded conveyance invalid against subsequent bona fide purchaser for value who takes w/out notice and records first