Property Flashcards

Question

Creating a periodic tenancy

Answer 1

Successive intervals until either the landlord or tenant gives proper notice of termination -Express (L to T from month to month) -By implication * no mention of duration but rent at set intervals *oral term of years violating statute of frauds (more than a year, becomes an implied periodic tenancy with the intervals based on how rent is tendered) *holdover tenant after lease ends (if landlord lets tenant stay past conclusion of og lease, an implied periodic tendancy arises measured by the way rent is now tendered)

Answer 2

-CL: at least equal to length of period -month-to-month: 1 month -week-to-week: 1 week -year-to-year: 1 month under the restatement (bar preferred approach)

Answer 3

no fixed duration terminable at will of either party (T to T for as long as L or T desires) must be created by an express agreement that the lease can be terminated at any time. If not it will be a tenancy as an implied period tenancy

Answer 4

At any time, but a reasonable notice to quit is required in most states Can also be terminated by operation of law (death or waste)

Answer 5

Tenant wrongfully holds over past lease expiration and landlord proceeds to recover rent Terminates when landlord moves to evict or holds T to new tenancy

Answer 6

1. to repair AND -if lease is silent on repair must maintain premises, make routine repairs, not ordinary wear and tear repairs -not to make voluntary waste -may terminate if premises destroyed w/o T's fault (natural disasters) 2. to pay rent -failure to pay=L evicts & sues for rent -L can''t engage in self-help (changing locks, forcibly removing tenant) -If T breaches and is out of possession *surrender: end lease *I-do nothing (hold T liable for rent; MINORITY) *Relet: new lease (hold T liable for deficiency)

Answer 7

duty to place tenant in actual, physical possession (makes sure that old tenant isn't still there) if breached, new tenant can get damages

Answer 8

Tenant has right to quiet use and enjoyment without interference from landlord (residential and commercial)

Answer 9

SING Substantial Interference (chronic/permanent problem) Notice (T must notify L) Goodbye (T must vacate) They may sue for damages

Answer 10

Breaches by wrongful eviction or constructive eviction -Wrongful: evicts from whole/part of premises without cause (actual and partial eviction) Constructive: landlord's breach of duty renders the premises unsuitable for occupancy (T can terminate and seek damages)

Answer 11

No, but two exceptions in which a landlord will be liable 1. duty to abate a nuisance on site 2. control common areas

Answer 12

most jurisdictions-residential leases only; nonwaivable premises must be fit for basic human habitation. Bare living requirements must be met. (e.g. no working plumbing, no heat, no running water etc.)

Answer 13

MR3 -Move out and terminate the lease -Repair and deduct (reasonable) -Reduce rent or withhold all rent until court determines fair rental value -Remain in possession, pay full rent, and affirmatively seek money damages

Answer 14

QE: residential and commercial tenants MUST vacate IWOH: tenant could vacate but doesn't have to; residential only

Answer 15

L can't terminate/penalize T in retaliation for T's exercise of legal rights

Answer 16

Exemptions (does not apply) -owner occupied buildings w/ 4 or fewer units -single family homes if owner has no more than 3 Prohibited Actions (applies) based on a persons race color, religion, sex, disability, familial status, or national origin: -refusing to negotiate, rent, or sell housing, or give mortgage -providing different terms for sale/rental -falsely representing dwelling unavailable MUST have reasonable accommodations for tenants w/ disabilities

Answer 17

If the tenant is evicted from any part of the premises, the rent obligation stops entirely until he or she repossesses the entire property. In addition, the tenant can stay in possession of the rest of the property without paying rent.

Answer 18

Tenant has an apportionment of rent, doesn't have to pay portion of the premises from which he was evicted

Answer 19

transfer of entire remaining term of lease Assignee tenant in privity of ESTATE with landlord -liable on covenants (promises) that run with land (original lease) original tenant in privity of CONTRACT (not estate) with landlord -liable for original lease obligations

Answer 20

transfer of part of remaining term of lease t2 has no privity with L, but t1 and t2 responsible to each other and L and t1's relationship remains fully intact

Answer 21

t1 and t3 t3-privity of estate t1-privity of contract not t2 bc no longer privity of estate and no privity of contract

Answer 22

If the original parties to the lease so intend and if the covenant "touches and concerns" the land

Answer 23

a sublessee can't enforce any covenants made by the landlord on the main lease, except a residential sublessee may be able to enforce the implied warranty of habitability

Answer 24

a L can prohibit a T from assigning or subleting w/o L's prior written approval. But a valid covenant against assignment is waived if L was aware of the assignment and did not object. Once a L consents to one transfer, they waive the right to object to future transfers unless they expressly reserves the right

Answer 25

a landlord has no duty to make premises safe EXCEPTIONS -Common areas (hallways, stairs, elevators) -Latent defects (must warn of anything landlord knows or has reason to know, duty to WARN not repair) -Assumption of repairs(no duty to start but once they do, must complete them w/ reasonable care) -Public use rule- (public space like a convention hall, liable for defects that cause injury to members of the public) -Short term lease of furnished dwelling (responsible for ANY defective condition which injures a tenant, whether they knew or not)

Answer 26

Majority: landlord owes a general duty of reasonable care towards RESIDENTIAL tenants and will be held liable for injuries resulting from ordinary negligence if the landlord had notice of a defect and had an opportunity to repair it liable for defects before T took possession, liable after T took possession if they knew or should have known

Answer 27

grant of nonpossessory property interest entitling holder to use/enjoyment of another's land

Answer 28

Easement in Gross-Can't be shared unless for commercial activity Easement Appurtenant-Can be shared if there can be a showing that it was meant to be continuous/shared

Answer 29

1. Easement by Grant -signed and described 2. Easement by prescription -Similar to AP (open and notorious, actual, continuous, hostile) 3. Easement by necessity 4. Easement by implication -Prior easement -Can be shown that it was meant to be permanent -The use of easement effects the value and the owner uses it for their use and enjoyment -When a single tract of land is divided

Answer 30

1. Estoppel -when it can be shown that the easement won't be enforced 2. Actual Abandonment 3. Involuntary Destruction of servient land 4. Condemnation of all of servient land 5. Merging 6. Prescription-adversely possessing an existing easement by interfering with the use in an open and notorious way 7. Written Cancellation 8. Termination of the necessity

Answer 31

Easement appurtenant: -automatically (doesn't have to be mentioned in conveyance) -passes automatically to servient land unless the new owner is a BFP w/o notice of the easement Easement in Gross: can't be transferred unless its commercial

Answer 32

The easement's legal scope was exceeded The holder of an easement has the right to use another's land (i.e., the servient tenement), but has no right to possess the land. The scope of an easement is determined by the reasonable intent of the original parties, and when the scope has been specified, these specifics will govern.

Answer 33

A mere privilege to enter another's land for a narrow/delineated purpose

Answer 34

There is no writing required (statute of frauds does NOT apply) freely revocable at will of licensor -unless estoppel applies (when licensee has invested substantial money or labor or both in reasonable reliance o nthe license's continuation)

Answer 35

Ticket cases Neighbors talking by the fence

Answer 36

Entitles its holder to enter the servient land and take from it some resources or some product of the property. (oil, fish, etc.) May be extinguished through surcharge (misuse that overly burdens the servient estate). Also rules governing creation, alienation and termination are applicable.

Answer 37

a formal agreement or promise, usually included in a contract or deed, to do or not do a particular act Negative/Restrictive: Refrain from doing something ("I promise not to build for commercial purposes") Affirmative: Do something related to land ("I promise to maintain our shared fence")

Answer 38

Basis of remedy the P seeks Covenant: If P wants money damages, maybe covenant Equitable Servitude: If P wants injunction, maybe ES

Answer 39

Also analyze burden side first Will be bound if WITHN 1. Writing -Original Promise must have been in writing 2. Intent -Original covenanting parties must have intended that the covenant would run 3. Touch and Concern -Restrictive: If they restrict the burdened parcel owner in her USE OF THAT PARCEL of land. -Affirmative: if they require the holder of the servient estate to do something that increases her obligation in connection with the land *covenants to pay money like HOA fees do not touch/concern 4. Horizontal and Vertical privity (NEED BOTH) -Horizontal: Burden between first parties (A&B), the two must have shared some interest in the land independent of the covenant (landlord-tenant etc.), hard to prove so burdens usually don't run -Vertical: nexus between successor (A1) and original party (A). Requires some non-hostile nexus like contract, devise etc. NOT adverse possession 5. Notice -Successor must have had notice of the promise when she took it

Answer 40

1. writing that satisfies statute of frauds 2. intent that the covenant run with the land 3. vertical privity 4. covenant must touch and concern the land BURDEN: 1. all four above and horizontal privity

Answer 41

1. A written release 2. Merger of the benefited and burdened estates; or 3. condemnation of the BURDENED property Covenant: enforced by damages; ES: enforced by injunction and privity isn't required for enforcement

Answer 42

Benefit: 1. Writing that satisfies statute of frauds 2. intent for the servitude to be enforceable 3. must touch and concern the land Burden: All the above plus new owner must have notice of servitude

Answer 43

Exception for an equitable servitude having to be in a writing. YES – if the two elements of the general or common scheme doctrine apply. Under common scheme, the court will imply a reciprocal negative servitude (implied equitable servitude) to hold the unrestricted lot holder to the restrictive covenant. When the sales begin, B: (A): Scheme of development when sales began (B): B had notice of promise when they took -actual notice -inquiry notice (neighborhood seems to conform to the common restriction) -Record notice

Answer 44

1. Neighborhood conditions have changed so significantly that enforcement would be inequitable. (entire area/subdivision has to change significantly) 2. Person seeking enforcement is violating a similar restriction on his own lands (unclean hands) 3. A benefited party acquiesced in a violation f the servitude by a burdened party. 4. Benefited party acted in such a way that a reasonable person would believe the covenant was abandoned/waived (estoppel) 5. Benefited party fails to bring suit against the violator within a reasonable time (laches)

Answer 45

1. actual 2. open and notorious 3. exclusive -if coming under color of title, she is in constructive possession of land 4. hostile 5. continuous

Answer 46

invalid deed, for one reason or another, the document evidencing title (a deed, for example) is invalid. Color of title is also known as “apparent title” since the document gives off an appearance of a valid title, but in reality, it is defective and invalid.

Answer 47

Ouster is required. A co-tenant must oust others or make an explicit declaration that they are claiming exclusive dominion to create adverse possession

Answer 48

if a person takes possession of only a portion of the land covered under color of title (an invalid deed to the land), that possession extends to the entire portion of land described in the deed/title for adverse possession purposes, but the person receiving the invalid deed must still meet the statutory period.

Answer 49

Adverse possession may tack on time with the land to a predecessor as long as there is privity. That can be satisfied with something such as a contract, deed or will. But if the predecessor ousts the original possessor there is no privity and the time starts over.

Answer 50

Statute of limitations will not run if the true owner has a disability AT THE INCEPTION (insanity, imprisonment, etc.) of the adverse possession. Has to be at the inception not during the adverse possession.

Answer 51

No, X will not obtain title to the land. If during A's lifetime, X enters into an adverse possession, X will not obtain title to the land, just A's life estate. If a landowner does not commence an action to eject a would-be adverse possessor before the statute of limitations expires, she is barred from suing for ejectment, and title vests in the possessor. However, the statute of limitations does not run against the holder of a future interest (e.g., remainder, reversion) until her interest becomes possessory. The future interest holder has no right to possession until the prior present estate terminates, and thus no cause of action for ejectment accrues until that time. Here, X will acquire A's life estate by adverse possession (i.e., a life estate pur autre vie, measured by A's life), but not B's remainder, which remains nonpossessory while A is living. Thus, upon A's death, X's interest will terminate.

Answer 52

If an adverse possessor uses land in violation of a recorded real covenant for the limitations period, she takes title free of the real covenant. The nature of the title obtained through adverse possession depends on the occupier's activities on the land. If an adverse possessor uses the land in violation of a real covenant (i.e., a written promise to do or refrain from doing something on the land), she takes title free of the covenant EVEN IF she had knowledge of it. However, if she complies with the covenant for the statutory period, she takes title subject to the real covenant.

Answer 53

1. Contract (conveys equitable title) 2. Closing (deed passes legal title)

Answer 54

period between the signing of the contract and the closing date. -one of the parties can have a change of heart and try to back out of the contract

Answer 55

Statute of frauds -must be in writing -signed by party against whom enforcement sought 1. identify the parties 2. describe the property, and 3. include the price (consideration) or a means of determining the price (such as the fair market value as determined by an appraisal) must be definite enough for a court to enforce the contract

Answer 56

The doctrine of part performance. Allows buyer to enforce oral contract by specific performance if: -contract is certain and clear and -acts prove existence of contract Acts usually satisfied by 2/3 of following: 1. buyer took possession 2. buyer paid purchase price or significant portion 3. buyer made substantial improvements

Answer 57

pro rate for price

Answer 58

legal title: gives buyer the deed and right to possess equitable title: contract (risk of loss) -buyer bears risk unless contract says otherwise

Answer 59

Buyer's loss the moment the contract is signed, unless contract says otherwise. BUT seller must credit any fire or casualty insurance proceeds they receive against the purchase price the buyer is required to pay.

Answer 60

1. Seller will provide marketable title on the day of closing* (HAS TO PROVIDE GOOD RECORD TITLE ) 2. No false statements of material fact

Answer 61

A quiet title is a legal process that determines the rightful owner of real property.

Answer 62

implied promise in every sale contract and remedy -Title free from doubt/threat of litigation -defects in record chain of title (adverse possession, etc.) -encumbrances unless buyer has waived them -zoning violations -future interests held by unborn or unascertained parties Remedy: buyer must notify seller and give seller reasonable time to cure. If fails to. cure, remedies include rescission, damages, specific performance, and a quiet title suit if seller breaches they may have a reasonable time to cure like the closing date may be extended

Answer 63

implied promise in every sale contract and remedy * seller liable for failure to disclose latent material defects (false statements, and omissions) -seller must know or have reason to know of the defect -seller must realize that the buyer is unlikely to discover the defect and -defect must be serious enough that the buyer would probably reconsider the purchase general disclaimers of liability not allowed unless it identifies specific types of defect

Answer 64

no implied warrant of fitness or habitability in a land contract. buyer is responsible for checking quality UNLESS in a sale of new home by a builder can enforce contract within a reasonable time of closing date.

Answer 65

LAWFULLY EXECUTED AND DELIVERED 1. writing signed by grantor 2. unambiguous description of the land 3. identification of the parties by name or description 4. words of intent to transfer such as "grant." Does not need consideration to make deed valid Delivered: when deed has been transferred in some way, doesn't have to be physical transfer, just a legal standard, (did they have present intent to be bound?)

Answer 66

1. quitclaim deed 2. special warranty deed 3. general warranty deed

Answer 67

Real covenants: written promises to do/not do something on the land Covenants for title: conveying property interests

Answer 68

Worst deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.

Answer 69

Best deed Warrants against all defects in title, including those attributable to grantor's predecessors. Typically contains all six of the following covenants: 1. covenant of seisin 2. covenant of the right to convey 3. covenant against encumbrances 4. covenant for quiet enjoyment 5. covenant of warranty 6. covenant for further assurances

Answer 70

1. covenant of seisin (grantor owns) 2. covenant of the right to convey (grantor can transfer) 3. covenant against encumbrances (no servitudes/liens) If either is breached, it gets breached at the time the deed is delivered

Answer 71

Breached if ever when grantee is disturbed in possession 1. covenant for quiet enjoyment -no 3rd party lawful claims 2. covenant of warranty -grantor promises to defend against reasonable claims of title by a 3td party and to compensate the grantee for any loss sustained by the claim of superior title 3. covenant for further assurances -grantor promises to whatever is needed to perfect grantee's title if it later turns out to be imperfect

Answer 72

Contains same covenants as the general warranty deed, but grantor makes those promises only on behalf of himself but NOT his predecessors. Present and future covenants 1. seisin 2. right to convey 3. against encumbrances 4. quiet enjoyment 5. warranty 6. further assurances

Answer 73

Void deed will be set aside even if the property has passed to a bona fide purchasers (forged deeds, fraud, etc.) -fraud only matters if it was made: 1. with actual intent to hinder, delay, or defraud any creditor of the grantor; or 2. without receiving a reasonably equialent value in exchange for the transfer Voidable: set aside only if the property has not passed to a bona fide purchaser (minors, incapacitated persons, duress, inducement, mistake, etc.)

Answer 74

Jurisdiction dependent 1. Race jurisdiction: B wins if records properly before A 2. Notice jurisdiction: B wins if bona fide purchaser when took (last BFP to take wins) 3. Race-notice jurisdiction: B wins if BFP and records properly before A

Answer 75

A person or entity who 1. takes real property without notice of a prior conveyance; and 2. pays valuable consideration A person who receives land by a gift (donnee) or a bequest (heir or devisee) is not a BFP because they did not pay valuable consideration for the property

Answer 76

Purchasers and mortgagees. Donees, heirs, and devisees are not protected because they don't give value. Unless the shelter rule applies.(anyone who takes from a BFP will prevail against any interest the BFP would've prevailed against).

Answer 77

1. Race Statute -First to record wins 2. Notice Statute -SUBSEQUENT purchaser who had no notice of a prior conveyance by the grantor will prevail over a prior grantee who failed to record. don't have to record, just have to have notice -LAST BFP TO ENTER FACTS 3. Race-notice Statute -subsequent BFP who wins race to r record before prior grantee

Answer 78

anyone who takes from a BFP will prevail against any interest the BFP would've prevailed against even they otherwise fail to meet the requirements of BFP status. (purchases, inheritance etc.) C, because C steps into B's shoes using the shelter rule. The shelter rule protects B without being weighted down by O's double dealing

Answer 79

If a land transfer is not recorded properly. A wild deed, mortgage, or easement is effective between the parties, but it will NOT put subsequent purchasers on constructive notice because it's outside the chain of title. In other words, it is not discoverable in the land records.

Answer 80

1. shelter rule 2. wild deed 3. estoppel by deed

Answer 81

Depending on whether it is a notice, or race-notice. C will win in a notice bc they are the last BFP. In a race-notice, C is a BFP and wins the race to record. B's recording doesn't work because it is a wild deed and his recording is a nullity.

Answer 82

-Grantor purports to convey to grantee realty they don't then own -Grantor later acquires title to the property -Title automatically vests in grantee -Grantor is estopped from denying validity of pre-acquisition conveyance -BUT watch out for BFP: Early recording is outside chain of title

Answer 83

1. Actual: directly received information 2. Constructive: any information that could have been obtained from an inspection of public land records 3. Inquiry: information revealed upon reasonable inspection of land *In a minority of jx, a purchaser that takes by quitclaim deed is presumed to take with inquiry notice

Answer 84

race-notice *good trick is to look for the word "and" before the mention of the recording requirement

Answer 85

Organized in public records under two indexes. One insex is organized by names of the grantors, the other is the names of the grantee. This is called the chain of title which shows all transfers of title for a piece of real property.

Answer 86

The promissory note and the mortgage

Answer 87

Mortgagor's personal obligation. Meaning that the mortgagee is not limited to the land when seeking a remedy for default. If the mortgagor quits paying, in addition to foreclosure, the mortgagee has the option to sue the mortgagor personally for payment of the note.

Answer 88

Mortgagor: debtor (person owing money to lender) Ee: creditor (lender)

Answer 89

agreement that says that if the mortgagor quits paying, the land can be sold to pay the mortgagee

Answer 90

Two primary ways to mortgage a property . PMM : lender's security interest in real estate that their loan enables debtor to acquire (takes real estate under the loan as a security interest and can foreclose if not paid) NPMM: Not purchasing the house, already own it but taking out another loan on in

Answer 91

1. debt (note) + lien in land to secure debt 2. in writing

Answer 92

Yes, the creditor-mortgagee can transfer her interest by: 1. endorsing the note and delivering it to the transferee, or 2. executing a separate document of assignment

Answer 93

Yes, when they transfer the property, the buyer either assumes the mortgage or takes the property subject to the mortgage. If assumes mortgage, they are agreeing to be personally liable on the mortgage note. -buyer becomes personally liable but original mortgagor is a surety. so either can get sued by the mortgagee if payment doesn't get paid. If the take the property subject to the mortgage they are not agreeing to personal liability, mortgagee's only recourse is FORECLOSURE -recording statute protect mortgagees -if recorded, mortgage sticks with the land

Answer 94

Both buyer and seller are personally liable. Buyer is primarily liable, seller remains secondarily liable

Answer 95

Buyer assumes no personally liability. Only seller is personally liable. But, if recorded, the mortgage remains on the land. So if seller does not pay, the mortgage may be foreclosed.

Answer 96

by proper judicial proceeding. At foreclosure the land is sold and the proceeds go to satisfying the debt. But if any debt remains, a deficiency judgment gets proceeded against the debtor (mortgagor). any surplus goes to the debtor

Answer 97

The mortgage runs with the land, so even if the borrower transfers the property to someone else, the mortgagee still has the right to sell it if the borrower fails to pay off the loan.

Answer 98

Mortgagor may tender to the mortgagee a deed in lieu of foreclosure which permits the mortgagee to take immediate possession without a foreclosure sale. Since it's not an actual foreclosure, it doesn't terminate any junior liens that may be present on the mortgaged real estate.

Answer 99

-First in time, first in right for whoever records. -Creditors must record -but purchase money mortgagee is first The order of priority for allocating mortgage foreclosure sale proceeds is as follows, from first to last: 1. Expenses of the sale, including attorneys' fees, and court costs; 2. The principal and accrued interest on the foreclosing party's loan; 3. Any junior lienors in the order of their priority; and then 4. The mortgagor. In many cases, no surplus remains after the principal debt is paid off. Senior lienors receive none of the proceeds. Because a senior lien remains on the property (i.e., may itself be foreclosed in the future), a senior lienor is not entitled to any of the money from the sale, even if there is a surplus.

Answer 100

mortgages that were recorded after the mortgage being foreclosed on. foreclosure terminates interests junior to the mortgage being foreclosed. Meaning junior lienholders will be paid in descending order with the proceeds from the sale, if there are funds left over after superior claims are fully satisfied. Once proceeds are all gone, junior lienholders can't look to the property for payment satisfaction.

Answer 101

1. all junior lienholders 2. debtor If a necessary party Is not joined, their mortgage remains on the land

Answer 102

security interest in all lendee's real estate holdings "whether now oend or hereafter acquired."

Answer 103

By private agreement ,a senior creditor may agree to subordinate its priority to a junior creditor. A subordination agreement prioritizes debts, ranking one behind another for purposes of collecting repayment from a debtor in the event of foreclosure or bankruptcy. A second-in-line creditor collects only when and if the priority creditor has been fully paid.

Answer 104

1. Debtor can redeem land prior to foreclosure sale by paying 2. right to equitable redemption is cut off by foreclosure sale Recognized up tiothe date of sale

Answer 105

permits the mortgagee (lender) to declare the full balance, plus costs and interests due in the event of default

Answer 106

debtor cannot waive right to redeem in mortgage itself A clog on the equity of redemption is an agreement or condition that prevents someone who has defaulted on their mortgage from getting their property back without any encumbrances after paying off their debt or fulfilling their obligation.

Answer 107

the foreclosure sale price

Answer 108

1. Is there a purchase money mortgage? 2. If there’s two, look what type of jx (race, notice, race-notice) -winner mortgagee gets money owed

Answer 109

1. Use Variance -Requested when a property owner wants to use a particular piece of property in a manner that is inconsistent with the applicable zoning ordinance 2. Area Variance -Same as use but bigger area, use is one, area is an area Must show undue hardship + no decrease to neighboring property values/public welfare *Generally invalid if they have o reasonable relation to public welfare, are too restrictive, are discriminatory as to a particular parcel, are beyond the grant of authority, violate due process, or are racially discriminatory.

Answer 110

Exception for a variance Where the prior use of the land was originally legal, the subsequent enactment of a zoning law will not bar the continued use of the land as it was legally used before the law’s enactment. A nonconforming use will only be “grandfathered in” if it remains in use continuously. If the use is not continuous, it may no longer be protected -Substantial changes later to the business or home is not allowed in violation with the zoning law Previously allowed use cannot be eliminated all at once unless just compensation paid.

Answer 111

Land is ranked and categorized to create hierarchy of uses (single-family home is highest use followed maybe by a two family home and then an apartment and then a strip mall and factory)

Answer 112

land may be used only for the purpose for which it is zoned

Answer 113

Must be obtained even though zoning is proper for the intended use (e.g. hospitals, drive-ins, etc.)

Answer 114

Fee simple for interior, tenancy in common for shared and exterior areas

Answer 115

HOA charters and bylaws that place requirements or restrictions on each owner's use of her property. The board oversees it

Answer 116

1. Right to have land supported in natural state by adjoining landowners (unadorn, prestine, no additional shubbery, etc.) 2. If landowner causes adjacent land to subside -Land in natural state: strict liability -Land improved: liability if negligent

Answer 117

1. Water belongs to those who own land bordering watercourse (Riparian owners) 2. Riparians share right of reasonable use of water -One will be liable if their use interferes with others water use

Answer 118

Water belongs to state but the right to divert/use can be acquired through actual use.

Answer 119

Owner can take any protective measures to get rid of surface water/combat (river, stream, etc.) its flow but must not reasonably harm or interfere with other's use or enjoyment of the water (change drainage, change slope, build a dam, etc.)

Answer 120

Fee simple estates (of uncertain or potentially infinite duration) that can be terminated upon the happening of a stated event 1. Fee Simple Determinable and possibility of reverter 2. Fee simple subject to condition subsequent and right of entry

Answer 121

capable of passing by will

Answer 122

Capable of passing by intestacy (no will)

Answer 123

Capable of transfer inter vivos (during lifetime)

Answer 124

To A or To A and his heirs Potentially limitless duration devisable, descendible, alienable

Answer 125

Terminates upon the happening of a stated event and AUTOMATICALLY REVERTS to the grantor. Created by durational language ("for so long as," "during," etc.) If condition is not met, then reverts. O to A for so long as no alcoholic beverages are consumed on the premises

Answer 126

Fee Simple Determinable (and possibility of reverter)

Answer 127

Created when uses words like "upon condition that" "provided that" "but if" or "if it happens that" If stated event happens then the grantee's estate continues until the grantor exercises her right to terminate by bringing suit or making entry.

Answer 128

if a fee simple estate terminates upon the happening of a stated event and then passes to a third party rather than reverting or right of entry, third party has an executory interest

Answer 129

Reversion: when interest ends land goes back to grantor Remainder: when interest ends goes to a third party -vested remainder (vested remainder subject to open & Vested remainder subject to complete divestment) -contingent remainder

Answer 130

Ownership interests for life. Measured by the life of the grantee called a life tenant. -Responsible for taxes and mortgages -If there's a future interest must maintain property

Answer 131

life tenant is entitled to any ordinary uses and profits of the land but can't do anything that injures the interests of a remainderman or reversioner. Future interest may sue for damages or to enjoin. 1. Affirmative (Voluntary) Waste -Natural resources, can't consume/exploit natural resources -If mining was being done prior to the life estate, they can do it but limited to the mines being open 2. Permissive Waste -failure to meet obligation to preserve the land in reasonable state and pay fees like mortgage and taxes 3. Ameliorative Waste -Change that benefits the property, allowed to do so if theres no objections and doesnt decrease market value

Answer 132

Future interests retained by a grantor following a defeasible fee or a life estate are called reversionary interests. There are only three capable of creation in the grantor: possibility of reverter, right of entry and reversion

Answer 133

Basically whatever is left over from a life estate future interest in a third person that can become possessor on the natural expiration of the preceding estates. Always follow life estates and must be expressly created. Two types: vested and contingent

Answer 134

Any restriction that violates this rule makes it void 1. Disabling restraints -attempted transfers are ineffective 2. Forfeiture restraints -attempted transfer forfeits the interest 3. Promissory restraints -an attempted transfer breaches a covenant

Answer 135

any total restrain either foreiture, disabling, or promissory (alienation restraints) is void. Grantee may ignore the restraint and freely transfer the property. Partial restraints may be valid

Answer 136

For a future interest to be valid under the rule against perpetuities, it must vest within a life in being at the time of the grant plus 21 years. Any interest that will not vest during the time period, and those that hypothetically might not vest during that period, is invalidated does not apply to charitable trusts

Answer 137

Can be shifting or springing Shifting: cuts off another grantee's interest upon the occurrence of a specific event Springing: cuts off the grantor's own interest upon the occurrence of a specific event

Answer 138

the property must be given to a living person and it must not be subject to a condition precedent. This matters because the rule requires future interests to vest withina certain period of time.

Answer 139

When the class closes and all conditions for every member of the class are satisfied. A gift to a group of persons. Also known as the rule of convenience

Answer 140

1. Variance -Use -Area 2. Previous/Prior Nonconforming use

Answer 141

1. argue that it’s unconstitutional under fifth amendment -takings clause; making property economically unviable evaluate: (1) character of regulation (was there an invasion); (2) economic impact on owner; and (3) extent of interference w/ owners investment backed expectations 2. impermissible use of spot zoning -small area of land is zoned differently -balancing test: (1) size of land; (2) arbitrary or consistent w/ a comprehensive zoning plan; (3) weigh benefits and detriments of owner, neighbors and community 3. vested rights doctrine to block a later enacted zoning ordinance -protects if substantial construction has begun and substantial $$$ has been spent

Answer 142

Fee simple determinable (reverter) Fee simple subject to a condition subsequent (reentry) Fee simple subject to an executory limitation -Shifting executory interest -springing executory interest

Answer 143

Shifting: cuts short another person's interest (goes to a third person) -A gives land to B, but if a specific event happens, the land will go to C instead. Here, C has a shifting executory interest because their future right will "shift" the land away from B. Springing: Cuts short the grantor's interest - A gives land to B, but this transfer will only happen in the future if a specific event occurs. Until that event, A keeps the land. When the event happens, B gets the land. Here, B has a springing executory interest because their future right will "spring" into action, cutting short A's interest.

Answer 144

Determinable: “so long as,” “while,” “during,” or “until.” Condition: “but if,” “provided that,” or “on the condition that.”

Answer 145

Landlord has no duty to mitigate by re-letting but can't recover rent until it is overdue

Answer 146

LL might be entitled to the full amount of rent in arrears at the time the suit was filed and possibly the difference between the remaining rent and fair market value of that rent over the remainder of the lease term, depending on the jurisdiction.

Answer 147

landlord must accept but accepting keys is not enough

Answer 148

A license is a privilege to enter onto another's property. It may be revoked at any time merely by a manifestation of the licensor's intent to end it

Answer 149

a type of remainder held by a specified person that is certain to become possessory upon the expiration of the prior estate. There are no conditions; the remainder is automatically going to vest. 1. Vested remainder subject to open: when a future interest is given to a class of people that may increase in size between the time the grant is made and the time the interest becomes possessory (to children) 2. Vested remainder subject to complete divestment: when a future interest has vested, but may be terminated by an event that occurs after vesting but before the interest becomes possessory.

Answer 150

the grantee’s right to immediate possession is subject to the occurrence of a condition. Essentially the grantee does not get the property, unless they meet certain conditions

Answer 151

interests arising by operation of law (implied easement, adverse poss)

Property Flashcards

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