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Property - Coggle Diagram
Property
Ownership
Future interests
right of entry
power of termination
Reversion/remainder
Reverter
Co-tenency
joint tenancy
tenancy by the entirety
Tenants in common
right of survivorship
Present possessory interests
Fee simple determinable
Fee tail
Fee simple subject to condition subsequent
fee simple sibject to executory interest
Fee simple absolute
Life estate
Duties attached
Pay mortgage
Pay taxes
repair & maintain
Pay assessments
Landlord/Tenant law
Rule against perpetuities
Subject to RAP
powers of appointment
Rights of first refusal
options to purchase land
Not subject to RAP
resulting trusts
vested interests
charitable trusts
present possessory estates
Rights in Real Property
License (privilege to do something on property)
Covenant
Promise attaches to property and runs with the land
Equitable servitudes
Easement
Interest to use of land of someone else
Positive or Negative
Zoning
Taking
Mortgages/Security Devices
Waste
Getting a mortgage
Subject to (pre existing transferred from grantor to grantee)
Assuming (assumed via agreement and grantee pays debt on mortgage)
Theories
Title theory (minority)
Intermediate Theory (limited # of states)
Lien Theory (Majority)
Multiple mortgages
Priority deemed in chronological order
Real Estate Contracts
Marketable title
Duties to disclose
Statue of Frauds (see contracts)
Remedies
Title
Deeds
General Warranty
Limited/Special Warranty
Quitclaim
Recordation
Race states
Notice states
Shelter
Adverse Posession
OCEAN
Exclusive
Actual
Continuous possession for statutory period
Non permissive (hostile)
Open and notorious
Landlord Tenant Law
Leases
Periodic
At will (no fixed duration)
Term of Years
Tenancy at sufferance/Holdover Tenancy
Duties
Tenant
Not commit waste
Repair
Other duties as contracted
Pay rent
Landlord
Deliver legal right to possession of premises
Water and heat
Duties specified in lease
Quiet enjoyment
Implied warranty of habitability