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PROPERTY

PRESENT ESTATES Fee Simple Absolute to A or to A and his heirs Absolute ownership forever Divisable, descendible, and alienable Fee Tail to A and the heirs of his body abolished today, creates FS Determinable FS Determinable (N ! Fee on "imitation# to A for so lon$ as% to A durin$% to A until% Divisable, descendible, and alienable Sub&ect to condition 'annot convey less than you start with (ossibility of reverter to $rantor FS Sub&ect to 'ondition Subse)uent (N ! Fee on 'ondition# to A, but if * occurs, $rantor reserves the ri$ht to reenter and reta+e not terminable automatically, but at $rantor,s option if condition occurs Divisable, descendible, and alienable Future -nterest ri$ht or entry (N ! .i$ht of reac)uisition# FS Sub&ect to /0ecutory "imitation to A, but if * occurs, then to 1 Divisable, descendible, and alienable -f condition is bro+en, estate is automatically forfeited in favor of someone other than the $rantee Future -nterest shiftin$ e0ecutory interest F2. D/F/AS-1"/ F//S, 32.DS 2F 42(/ 2. -NNT/NT D2N,T './AT/ D/F/AS-1"/ F//S '"/A. D5.AT-2NA" "AN65A6/ 75ST 1/ 5S/D A1S2"5T/ ./ST.A-NTS 2N A"-/NAT-2N A./ 82-D "ife /state to A for life pur autre vie life estate measured by someone else,s life life tenant is entitled to ordinary use and profits from land but 'ANN2T commit waste Future -nterest reversion9 -f held by :rd party, future interest is a remainder FUTURE INTERESTS

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Future -nterests of 6rantor (ossibility of .everter FS determinable .i$ht of /ntry FS Sub&ect to 'ondition Subse)uent .eversion transfers estate of less than she started with, other than FS determinable or FS sub&ect to condition subse)uent Future -nterests in Transferees 8ested remainder 'ontin$ent remainder /0ecutory interest .emainder F- created in a $rantee that is capable of becomin$ possessory upon the e0piration of a prior possessory estate created in the same conveyance in which the remainder is created 8ested created in an ascertained person AND is not sub&ect to a condition precedent 'ontin$ent created in an unascertained person 2. is sub&ect to a condition precedent N ! any F- in a transferee that is sub&ect to a condition precedent is called a remainder sub&ect to a condition precedent Technical 'ommon "aw .ules .ule of Destructability of 'ontin$ent .emainders! remainder destroyed if still contin$ent at the time precedin$ tas+ ended9 N2T A(("-'A1"/ T2DA Shelly,s 'ase (to A, upon A,s death, to A,s heirs#! mer$e $ivin$ A FSA Doctrine of 3orthier Title! (to A for life, then to 2,s heirs#! A has "ife /state, 2 has .eversion N ! Abolished after ;=>? -ndefeasibly 8ested .emainder No conditions attached 8ested .emainder Sub&ect to Total Divestment No condition precedent, but ri$ht to possession may be cut short because of condition subse)uent is condition subse)uent and is usually offset by commas 8ested .emainder Sub&ect to 2pen vested in a $roup where at least one is )ualified to ta+e possession additional ta+ers may dilute class class closes when any member can ta+e possession (womb rule also applies# /0ecutory -nterest F- created in :rd party which is not a remainder and which ta+es effect by cuttin$ some interest in another person (shiftin$# or in the $rantor or his heirs (sprin$in$#9 Shiftin$ /0ecutory -nterest to A and her heirs, but if 1 comes home, to 1

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follows defeasible fee and cuts short someone other than the $rantee

Sprin$in$ /0ecutory -nterest to A when he marries9 A is unmarried N ! contin$ent remainders and e0ecutory interests are called ./7A-ND/.S S51@/'T T2 '2ND-T-2N (./'/D/NT RULE AGAINST PERPETUITIES (RAP) 'ertain +inds of interests are void if there is any possibility that the $iven interest may vest more than <; years after the death of a measurin$ life Applies only to contin$ent remainders, e0ecutory interests, and certain vested remainders sub&ect to open 6ift to open class that is conditioned on the members survivin$ to an a$e beyond <; violates .A( An e0ecutory interest with no limits on the time which it must vest violates the .A( N ! woman can,t have +ids after a$e AA : .5"/S T2 BN23 T2 (ASS T/ST ;# "AST (/.S2N 7/NT-2N/D 1 (.2(/. NA7/ AND A"" (.-2. (A.T-/S TAB/ <# N/*T S51S/C5/NT (/.S2N N2T -N (.2(/. NA7/ TAB/S :# A"" ADD-T-2NA" (A.T-/S "2S/, (.2(/. ./8/.TS 1A'B T2 6.ANT2.D4/-.S CONCURRENT ESTATES @oint Tenancy <E owned alienable, not divisable ri$ht to survivorship must be clearly e0pressed 5nity of Time, Title, -nterest, (ossession .i$hts (T!T-(# 'an u straw to $et unity, N ! No straw needed S(A7 Sale, (artition, and 7ort$a$e (N ! lein theory, wont destroy @T by mort$a$e# Tenancy by the /ntirety Any conveyance to 4E3 creates unless stated otherwise 'reditors of one spouse cannot touch property in Ti' se cannot touch property in Ti' N ! can enforce on half of property 'annot unilaterally convey interest in property Tenants in 'ommon /ach tenant owns individual part and ri$ht to possess whole Descendible, divisable and alienable9 No survivorship ri$hts

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No rent from co!tenant but proportional share of rent to :rd parties 'annot ac)uire via adverse possession N ! can $et adverse possession after <F years on theory of implied ouster .i$ht to contribution for repairs, ta0es No contribution for improvements, but can recoverDlose GG bDc of ED! value upon sale 'o!tenant cannot waste 'an brin$ action for partition

LANDLORD AND TENANT LAW "easehold /statesH D5T T2 (A ./NT -S D5T -ND/(/ND/NT D5T F.27 2T4/. 21"-6AT-2NS 2F " Tenancy for ears fi0ed period of time must be in writin$ if $reater than ; year (SoF# (eriodic Tenancy continues until " or T $ive proper notice must be created e0pressly (month!to!month, wee+!to!wee+, etc# 'an arise by implication o "ease wDo mention of duration but provision for rent payments at set intervals o 2ral term of years in violation of SoF but payment is tendered o 4oldover if " elects to holdover T who has wron$fully stayed past lease o N ! " who elects to holdover T creates implied month!to!month periodic tendancy, unless otherwise a$reed Notice needed to terminate (e)ual to period of tenancy or > months 5N"/SS a$reement otherwise Tenancy at 3ill No fi0ed period of duration 5nless e0pressly a$ree to Ta3ill, payment will ma+e a implied periodic tenancy Terminateeither party, any time 15T reasonable demand to )uit premises usually re),d N ! minimum :F days notice to terminate Tenancy at Sufferance T has wron$fully heldover past the e0piration of lease "asts until " either evicts T or elects to hold T to a new lease N !",s acceptance of rent subse)uent to e0piration of term creates implied month!to! month periodic tenancy, unless otherwise a$reed

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Tenant,s "iability to Third (arties .easonably $ood repair "iable for in&uries sustained by :rd parties even where " promised to fi0 Tenant,s Duty to .epair T,s duty to repair when lease is silentH re),d to +eep premises in reasonably $ood repair T must not commit waste can,t remove fi0ture even if T installed it9 (Fi0ture! chattel installed that causes substantial harm to premises when removed, ob&ectively considered# -f e0pressly a$ree to +eep in $ood conditionH o '"! T responsible for any loss to property, includin$ nature o 7a&! T may terminate lease if premises are destroyed wDo T,s fault o N ! Absent a$reement otherwise, T may )uit premises and surrender possession wDo further duty to pay rent if destroyed wDo fault of T Tenant,s Duty To (ay .ent T breaches duty, remains in possessionH " can evict or continue relationship and sue for rent due9 -f elects to evict, still due rent " must not en$a$e in self!help (chan$e loc+s, remove property, etc# N ! Self help prohibited and entitles T to treble dama$es T breaches duty, no possession (S!-!.# Surrender (implicit offer of surrender by T# by words or actions wish to $ive up -$nore and hold T responsible for unpaid rent as if he were still there .e!"et (miti$ate by releasin$ space#9 7a&! " must at least try to re!let N !No duty to miti$ate ",s Duty to Deliver (ossession " must put T in actual physical possession at start of lease ",s -mplied 'ovenant of Cuiet /n&oyment (both res E commercial# 1reach by wron$ful eviction 1reach by constructive eviction " is not liable for acts of other tenants /*'/(T common areas and duty not to permit nuisance in bld$ 'onstructive /viction (S!-!N!6# Substantial -nterference (must be chronic problem attributable to "# Notice (T must $ive " notice of problem9 " fails to fi0# 6oodbye (T must vacate# ",s -mplied 3arranty of 4abitability (residential only and non!waivable# (remises must be fit for basic human habitation

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T remediesH (;# move out and terminate lease, (<# repair and deduct from future rent, (:# .educe rent, place money in escrow until court determines rent, (I# .emain, pay rent and see+ GGG dama$es

-f T lawfully reports " for housin$ code violations, " is barred from penaliJin$ T Assi$nment D Sublease 'an prohibit from assi$nin$Dsublettin$ wDo ",s prior written approval 2nce " consents to one transfer by T, " waives ri$ht to future transfers unless e0pressly reserves the ri$ht N !5nless lease provides otherwise, residential T may not assi$n wDo ",s written consent9 " can unreasonably withhold consent leavin$ T,s remedy to see+ release from B N ! IE units, T has ri$ht to sublease sub&ect to ",s written consent9 'onsent cannot be unreasonably withheld9 5nreasonable withheld consent is deemed consent A '28/NANT A6A-NST ASS-6N7/NT 3-"" N2T 1/ -7("-/D -N FA82. 2F A "AND"2.D, 5N"/SS -T 'AN 1/ S423N T4AT T4/ '28/NANT 3AS 7AT/.-A" T2 T4/ "AND"2.D,S 1A.6A-N AND /*(/'TAT-2NS Assi$nment " and T< are in privity of estate, covenants in ori$inal lease e0ist " and T< are N2T in privity of B unless T< e0pressly assumed performance in ori$inal lease " and T; N2T privity of estate, but remail privity of B9 Thus secondarily liable Sublease! no privity of estate or B ",s Tort "iability! " is under no duty to ma+e premises safe from torts /*'/(T ('!"!A!(!S# 'ommon area "atent defects (hidden defects that " has +nowled$e of, duty to warn# Assumption of .epairs (if " assumes, " must complete with reasonable care# (ublic 5se (-f T rents public space, " will be liable for torts# Short term lease of furnished dwellin$ EASEMENTS 6.ANT 2F N2N(2SS/SS2. (.2(/.T -NT/./ST T4AT /NT-T"/S 42"D/. T2 S27/ F2.7 2F 5S/ 2. /N@2 7/NT 2F AN2T4/.,S "AND 'A""/D S/.8-/NT T/NA7/NT AFF-.7AT-8/ /AS/7/NTS ri$ht to $o onto land and do somethin$ N/6AT-8/ /AS/7/NTS prevent servient landowner from doin$ somethin$ that would otherwise be permissible ("ASS! "i$ht, Air, Support, Stream 3ater#9 7ust be created e0pressly by writin$ si$ned by $rantor9

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Appurtenant benefits its holder in his use or en&oyment of his property9 (< parcels# Dominant tenement K benefit Servient tenement K burden (asses automatically with dominant tenement re$ardless if not mentioned in conveyance (asses with servient estate 5N"/SS new owner is purchaser wDo notice of easement 6ross some personal or pecuniary advanta$e not related to land9 Survient land is burdened Not transferable 5N"/SS for commercial purposes 'reation of Affirmative /asements ((!-!N!6# (rescription! satisfy elements of adverse possession -mplication! previous use is apparent and parties e0pected use would survive division bDc it is reasonably necessary to dominant land,s use and en&oyment Necessity! "andloc+ed settin$ 6rant! must be in writin$ li+e a deed to conform with SoF No unilateral e0pansion of easement Termination of an /asement (/ND '.A7(# /stoppel (detrimental reliance that easement will no lon$er be enforced# Necessity (if created by necessity, ends as soon as necessity ends# Destruction (of servient land, other than throu$h willful conduct of servient owner# 'omdemnation (of servient estate by eminent domain power# .elease (written release by easement owner# Abandonment (physical action demonstratin$ intent not to use easement a$ain# 7er$er doctrine (easement and title to servient land become vested in same person# (rescription (accordin$ to elements of adverse possession# "icense mere privile$e to enter land of another for some period of time .evocable at will of licensor unless estopped to bar revocation (G, labor or both# (rofit entitles its holder to enter servient land and ta+e from it soil or substance of the soil -F 1AS-S 2F ./7/D ( S//BS -S% GGG '28/NANT -N@5N'T-2N /C5-TA1"/ S/.8-T5D/ 'ovenant 'ontractual limitation or promise re$ardin$ land use Ne$ative! promise not to do somethin$ Affirmative! promise to do somethin$ 'ovenant will run with the land if it is capable of bindin$ successors Does burden runL (3-T4N# o 3ritin$

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o -ntent o Touch and 'oncern o 4oriJontal and 8ertical (rivity 4oriJontal privity re)uires succession in estate 8ertical (rivity re)uires some non!hostile ne0us such as B, will, 5N"/SS adverse posses Does benefit runL (3-T8# 3ritin$, -ntent, Touch and 'oncern and 8ertical (rivity

/)uitable Servitudes promise that e)uity will enforce a$ainst its successors accompanied by in&unctive relief9 75STH (3-TN/S# 3ritin$ -ntent Touch M 'oncern Notice (assi$nees of burdened land had notice of promise# (rivity is N2T re)uired to bind successors -mplied /)uitable Servitude! Subdivider had $eneral scheme or residential development which included lot in )uestion Notice of promise contained in prior deeds9 Notice can be actual, implied, or record N ! Subse)uent buyer does N2T have record notice of the contents of those prior deeds transferred to others by common $rantor Defenses to enforcement of /)uit Servitude 'han$ed conditions of entire area or subdivision ADVERSE POSSESSION '!2!A!4 'ontinuous, 2pen M Notorious, Actual, 4ostile N ! ;F year period (ossessor,s sub&ective state of mind is irrelevant 'an tac+ if in privity (B, deed, will# and no ouster So" will not run a$ainst true owner if afflicted by disability at inception of adv poss SALE OF REAL ESTATE "AND '2NT.A'T 7ust be in writin$, si$ned by party, describe land and some consideration 3hen land in B is N than actual land spec perf with pro rata reduction in price No writin$ needed under part performance if (< of :# ta+e possession, pay all or part of purchase price andDor ma+e substantial improvement to land .is+ on 71/! once B si$ned, buyer bears ris+ unless B says otherwise .is+ in N ! so lon$ as buyer wDo fault, ris+ remains with seller until title or possession Seller promises K title free from reasonable doubt (no adv poss, no servitudes or mort$a$es unless waived and no Jonin$ violation# and no false statements of material fact N ! seller of property ;!I family residential must provide buyer with statutory disclosure form before B is si$ned9 Not for condo, co!op, or new construction

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1/N/F-'-A" /AS/7/NT T4AT -S BN23N -S ST-"" 7A.B/T-1"/ T-T"/ N ! S/""/. -S /NT-T"/D T2 S(/' (/.F2. 34/N T4/./ -S A '5.A1"/ D/F/'T -N T-T"/, (.28-D/D 4/ '5./S 3-T4-N A ./AS2NA1"/ T-7/9 423/8/., 34/./ D/F/'T -S S5'4 T4AT A 15 /. 7A 1/ 21"-6AT/D T2 D/F/ND T-T"/ -N "-T-6AT-2N, D/F/'T -S N2T '5.A1"/ AND 'ANN2T 4A8/ S(/' (/.F2.7 AND 15 /. 'AN 6/T 1A'B D23N (A 7/NT '"2S-N6 (deed now controls# 5nless otherwise specified, acceptance of deed dischar$es all of seller,s B obli$ations and leaves buyer with only remedies on covenants of deed To (ass Deed ("/AD! lawfully e0ecuted and delivered# 3ritin$, si$ned by $rantor9 No consideration needed Description of land that is unambi$uous and provides $ood lead Delivery! present intent to transfer deed to $rantee .ecipient,s e0press re&ection of deed defeats delivery 2ral condition with deed is void 7ay deliver to escrow a$ent with instructions to deliver when certain conditions are met9 -f $rantor dies, title still can pass N2 '2N8/ AN'/ -S /FF/'T-8/ 5N"/SS T-T"/ 4AS 1//N 12T4 D/"-8/./D AND A''/(T/D9 T4/ 6.ANT2. 75ST 6-8/ 5( A"" '2NT.2" 2F T4/ D//D Cuitclaim deed No covenants at all 6eneral 3arranty Deed warrants a$ainst all defects in title includin$ those attributable to predecessors So" be$ins to run at delivery of deed for present, future date on future warranties > warranties of 6eneral 3arranty Deed 'ovenants which are personal Seisen ($rantor owns estate tryin$ to convey# .i$ht to 'onvey (promises to ma+e conveyance# A$ainst /ncumbrances (promises no servitudes or mort$a$es# 'ovenants that run with the land Cuiet en&oyment (wont be disturbed in possession by :rd party claim of title# 3arranty (will defend a$ainst :rd party claims to title# Further Assurances (will assume cost of reasonably necessary to perfect title if later turns out to be imperfect# Special 3arranty Deed (N ! 1ar$ain and Sale Deed# 4asn,t conveyed estate to anyone other than $rantee Free from encumberances made by $rantor

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RECORDING SYSTEM ((rotect only 1F( and morta$ees# 1ona Fide (urchaser purchases for value wDo notice someone else $ot there first9 Notice (A!-!.# Actual -n)uiry (whatever an e0amination of land would reveal# .ecord Notice (deed properly recorded within chain of title# Notice Statute (doesn,t matter who records first# .ace!Notice (N # conveyance is first recorded must be 1F( and record first '" .ecordin$ Statute (when no one records#! ;st in time, first in ri$ht (roper recordation places subse)uent buyer on record notice, thus defeatin$ status as 1F( ./'2.D-N6 D//D -S (.-7A FA'-A /8-D/N'/ 2F D/"-8/. 'hain of Title (se)uence of recorded deeds capable of $ivin$ notice to subse)uent ta+ers# 3ild Deed if a deed entered on records has $rantor unconnected to the chain of title, it is incapable of $ivin$ record notice to its e0istence /stoppel by Deed one who conveys realty in which he has no interest is estopped from denyin$ the validity of that conveyance if subse)uently ac)uires interest he previously transferred Shelter .ule person who ta+es from a 1F( will prevail a$ainst any interest that the transferor! 1F( would have prevailed a$ainst, even if person has notice of the prior interest9 MORTGAGES (debt and transfer of security interest in debtors land to secure debt# Debtor P mort$a$or HH 'reditor P morta$ee 7ust be in writin$ /)uitable 7ort$a$e 2wner lends creditor deed that is absolute on its face (arol evidence admissible to show intent -f creditor sells land to 1F(, 1F( will own9 2,s remedy is to sue for fraud and dama$es 2nce mort$a$e is created% debtor!mort$a$or has title and ri$ht to possession creditor!mort$a$ee has lien on property and ri$ht to ta+e if default 'reditor can transfer interest by endorsin$ note and deliverin$ to transferee or assi$nment -f note is endorsed and delivered, transferee can become a holder in due course
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4older in due course free of personal defenses that could been raised a$ainst ori$ mort$a$ee (ersonal defenses includeH fraud, unconscionability, waiver, estoppel, no consideration 4older is still sub&ect to real defenses that ma+er mi$ht raiseH (7AD F-F----# 7aterial Alteration Duress Fraud in factum (fraud in inducement# -ncapacity -lle$ality -nfancy -nsolvency To 1e 4older in Due 'ourse Note must be ori$inal and ne$otiable Delivered to transferee in $ood faith without notice of ille$ality Transferee must pay value for the note Debtor!mort$a$eor can sell land 15T lein remains on land so lon$ as mort$a$e is recorded All recordin$ statutes apply to mort$a$es as well as deeds -n a notice state, subse)uent 1F( prevails over a prior $rant$ee or mort$a$ee who has not yet properly recorded at the time 1F( ta+es -f Debtor!mort$a$or sells, who is liableL -f 1uyer assumes, both ori$inal debtor and buyer will be liable -f 1uyer ta+es sub&ect to mort$ate, 1uyer assumes no personal liability Foreclosure (proper &udicial proceedin$ where land is sold to satisfy debt# Attorneys fees and costs come off top of GG from sale 'reditors must record, ;st to record, ;st in ri$ht (urchase money mort$a$e mort$a$e $iven to secure loan that enables debtor to ac)uire the unencumbered land, has superpriority "enders can a$ree by private a$reement to subordinate its priority with another creditor (roceeds, how to divvy up Foreclosin$ party ta+es to satisfy &ud$ment9 -f leftover, creditors &unior ta+e in order New owner ta+es sub&ect to lien Senior and &unior if not included as forclosure party are out of luc+ (ayin$ off mort$a$e Debtor has ri$ht to pay off until forclosure Acceleration clause permits mort$a$ee to declare full balance due in event of default 71/! statutory redemption allows payment for period after forclosure

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N ! no statutory ri$ht to redemption

/8A'5AT-N6 N/-6412. 3-"" 1/ "-A1"/ -F 4/ -S N/6"-6/NT 2. -F /8A'5AT-2N 325"D 4A8/ 'A5S/ T4/ "AND T2 S51S-D/ -N A NAT5.A" STAT/ WATER RIGHTS .iparian Doctrine 3ater belon$s to those who own land borderin$ water course Share reasonable use of water "iable if unreasonably interferes with other,s use (rior Application Doctrine 3ater belon$s to state, but ri$ht to divert and use can be ac)uired by any individual who uses beneficially first9 "andowner may chan$e draina$e or ma+e any other chan$esDimprovements on his land to combat flow of surface water so lon$ as no unnecessary harm to other,s land POSSESSORS RIGHTS Tresspass invasion of land by physical ob&ect, remedy is to brin$ e&ectment action Nuisance is substantial, intentional, unreasonable interference with )uiet en&oyment EMINENT DOMAIN 6overnment,s Ath amendment power to ta+e private property for public use in e0chan$e for &ust compensation ZONING (ursuant to police powers, $overnment may control land use 8ariance! undue hardship and wont be detriment to surroundin$ property values /0action! amenities that $overnment see+s in e0chan$e for variance must be reasonably related to nature and scope to impact proposed development MISC NOTES .i$ht of first refusal on $rant of property must be durin$ life, or else it will be invalid a$ainst the .A(

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