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Ownership, Mortgages, Rights in Land - Coggle Diagram

- - - - Created by agreement
        
        fixed period of time
        
        Ends at end of term or breach
    - - Created by
        
        Duration: renews until terminated
        
        Termination
        
        end of period with proper notice
        
        Breach
        
        Presumed when no term date
        
        operation of law
        
        Agreement
    - - Implied at holdover
        
        continues until terminated
        
        Termination by:
        
        Eviction
        
        Vacate
        
        Acceptance of rent
    - - Created by
        
        Agreement
        
        Duration
        
        Indefinite
        
        Termination
        
        any time with reasonable notice
        
        Implication
  - - - Avoid Waste
      - Duty to repair
        
        Nonresidential lease may specify duty
        
        Residential lease: generally void but NOTICE to LL required for repairs
      - Pay rent unless
        
        Premises are destroyed
        
        LL material breach
    - - Give possession
        
        English/Majority
        
        Actual possession
        
        American/Minority
        
        Legal possession
      - Repair
        
        Majority
        
        Implied for residential
        
        Common law
        
        No implied duty
      - Warranty of habitability
        
        Implied for Res
        
        Maintain the property so that it is
        reasonably suited for residential use
        
        prevent conditions that threaten health and safety
      - Covenant of quiet enjoyment
        
        Implied for all
        
        Prevent interference
        
        take action against nuisance like behavior in common area
  - - - Fail to pay rent
        
        Late rent
        
        Unjustifiably abandons
        
        Refuses leave
        
        Evict
        
        Bind to a periodic tenancy
        
        LL Accepts surrender
        
        Lease terminated - no future rent
        
        LL rejects
        
        May enforce release but mitigate
        
        Damages and removal if material
        
        Terminates lease
        
        Most states preclude recovery of future rent
        
        states that apply anticipatory repudiation to leases, damages are limited to the difference between future rent under the lease and (1) the reasonable rental value of the premises or (2) the actual rent collected upon reletting the premises.
    - - Possession
        
        No rent
        
        end lease
        
        damages for time w/o poss.
      - Repair
        
        Treat like constructive eviction or WoH
      - WoH
        
        Notify and reasonable opportunity to cure
        
        deduct from rent for fix
        
        defend against eviction
        
        No rent
      - CoQE
        
        Treat like eviction if LL remove from premises
        
        end lease
        
        no rent
        
        Partial eviction if portion of prem
        
        LL - rent excused
        
        3P- rent still owed
        
        Constructive eviction if substantial
        
        Notice and time to cure
        
        Then LL fails to do so
        
        Vacate within reasonable time
  - - - All of lease
        
        Both parties on the hook
    - - Part of lease
        
        OG tenant on the hook
- - - - Unascertainable grantee
      - subject to an express condition precedent
    - - Ascertained grantee
        
        vested remainder subject to complete divestment
        
        vested remainder subject to open
        
        Group or Class gift
        
        One person qualifies is partial divestment
        
        No member vested = contingent
  - - - FSD
    - - FSSCS
  - - - reversion to grantor then to next grantee
    - - From one grantee to another upon a CONDITION
  - - - If the vesting event does not occur within 21 years after creation of the interest
        
        And interest cannot possibly vest > 21 after the validating life ends
        
        CL: void
        
        Majority: wait and see
      - Class gifts
        
        “bad as to one, bad as to all” rule
        
        Rule of convenience: one vests class closes
- - - - "to my son"
      - "to my sons and his heirs"
      - If limits only purpose!! - FSA
  - - - Conditional
      - FI: right of re-entry
      - "But if" "provided that" "unless
    - - Durational or conditional
      - See above
      - 3P has executory interest
    - - "so long as" "during "until"
      - FI: grantor possibility of reverter
      - Durational
  - - - possess, lease, sell, or mortgage
        
        Collect rent
        
        Pay taxes to extent of financial benefit
        
        pay preexisting mortgage obligations and assessments for public improvements
        
        Prevent Waste
        
        Affirmative Waste
        
        1 more item...
        
        Ameliorative Waste
        
        1 more item...
        
        Permissive Waste
        
        1 more item...
- - - - Joint tenancy
        
        Tenancy by entirety
        
        JT between married persons
        
        Four Unities
        
        Possession of entire property
        
        Interests undivided and equal
        
        Time - created a same time
        
        Title - the same instrument
        
        Right of survivorship
      - Equal in right
      - Separate and unequal shares
      - Default
      - NO Right of survivorship
  - - - by sale
      - Agree to NOT partition if
        
        Clear
        
        reasonable time limit
      - In kind (physical)
  - - - CANNOT collect repairs or improvements
        
        MUST account for rent received
- - - - Intent
        
        Touch and concern
        
        Notice
- - - - In writing
    - - Easement by implication
        
        owner of two parcels of land uses one parcel to benefit the other and then transfers ownership of one of the parcels
        
        Prior use was
        
        apparent or known
        
        reasonable necessary
        
        Continuous
      - Easement by necessity
        
        Land is virtually useless (landlocked)
        
        Were under common ownership and then severed
      - Easement by prescription
        
        Adverse possession reqs except for exclusivity
      - Easement by estoppel
        
        Good faith, reasonable, DR on permission. Created to prevent injustice
  - - - Easement appurtenant
        
        Automatically transfers
    - - Easement in gross
        
        Only burden transfers
  - - - Abandonment
        
        Merger
        
        Prescription/necessity
        
        Estoppel
        
        Release
        
        express writing (SoF)
        
        Servient estate relied to his detriment on statement or conduct
        
        servient estate interferes with the easement in a continuous, actual, open, and hostile way for a specific period
        
        If no longer necessary
        
        Acquiring fee title
        
        easement owner acts in an affirmative way that shows clear intent to relinquish
- - - - Negative covenants - restrict
        
        Affirmative - require action
    - - Horizontal
        
        Between OG owners
      - Vertical
        
        Burden to run
        
        Estate of same duration
        
        Benefit
        
        Portion of estate
        
        OG party and successor
- - - - Right to remove products of soil, similar to easement but by necessity
    - - Unless coupled with an interest or DR