Professional Documents
Culture Documents
1. Big Three Interests in Land 1. Estates giving possession 2. Easements giving right of use 3. Restrictive Covenants restricting someone elses use of their land 2. How do you get them, keep them, and transfer them 1. Adverse possession 2. Conveyancing 3. Recording 4. Security interests 3. What Comes with them 1. Rights of support 2. Water rights
ESTATES
1. Key Word Possession: An estate always has the right of possession. 1. Two Types of Estates: present estates and future interests 1. On the exam, you must be able to describe each, and identify
each.
2. Present Freehold Estates 1. Fee Simple Absolute 1. A fee simple absolute runs forever and is fully alienable. 2. Any attempt to put a direct restraint on alienation is VOID; ignore
the restriction
4. A right of first refusal is NOT an invalid restraint on alienation. 1. HYPO: J to Y, but if Y tries to sell property during her
lifetime, Sean has right to first refusal. OK
5. Creation of Fee Simple 1. Courts will presume a fee simple unless language shows a
clear intent to create another estate.
2. Defeasible Fees 1. Fee Simple Determinable (and Possibility of Reverter) 1. Fee simple determinable terminates upon the happening of
a stated event and automatically reverts to the grantor.
4. Correlative Future Interest in Grantor Right of Entry 3. Fee Simple Subject to an Executory Interest 1. If a fee simple estate terminate upon the happening of a
stated event and then passes to a third party rather than reverting back to the grantor or giving the grantor the right to terminate, the third person has an executory interest.
3. Life Estate 1. A life estate is never measure by time, but only measure by life 2. Can have a life estate by implication 1. HYPO: In his will, L left the ranch to A and B after the
death of my faithful wife C. This is an implied life estate.
3. Life Estate pur autre vie measuring life can be the life of
someone other than the life estate holder.
1. HYPO: TO A for the life of B. 2. If a life tenant dies before the measuring life dies, life
estate passes to the estate of the life tenant until the measuring life dies.
4. Forfeiture restrictions on life estates are OK. 1. HYPO: B to P for life, then to G, but if P tries to sell her life
estate that estate terminates and the property goes to G in fee simple.
5. Rights and Duties of Life Tenant WASTE 1. RULE - All the life tenant can do is maintain the estate,
and that means continuing the normal use of the land in its present condition.
1. Called - Open Minds Doctrine 3. Permissive Waste where tenant has failed to
maintain (protect and preserve the land). Tenant must do
3 things:
2. Taxes life tenant pays all taxes on the property. 1. **Watch Out holder of future interest must
make sure taxes get paid, b/c a tax sale terminates the future interest.
6. Class Gifts 1. DEF gifts to a class of unnamed persons 2. RULE members of a class who predecease the T are
eliminated and do not recover; their gift lapses
2. **Classification Rules 1. Overview 1. There are 5 future interests: 1. Category 1 those retained by Grantor estates
grantor keeps when grantor gives less than the full interest held by grantor:
1. Reversion 2. Possibility of Reverter 3. Right of Entry (Power of Termination) 2. Category 2- those given to grantee 1. Remainder 2. Executory Interest 2. Category 1: Future Interests Retained by Grantor 1. Reversion estate left in grantor who conveys less than
she owns
3. RAP reversion is NEVER subject to RAP. 4. Transferability freely transferable. 5. Grantor cannot keep reversion if grantor has given
away the full interest.
1. Only and always goes w/ fee simple determinables. 2. RAP never subject to the RAP. 3. Key Language so long as, while, during, or
until.
3. Right of Entry (or Power of Termination) 1. When grantor gives a fee simple on a condition
subsequent, grantor keeps a right of entry.
3. Category 2: Future Interests Given a Grantee 1. Remainder 1. Vested Remainder nothing stands in the way of
it becoming possessory on the expiration of the estate that comes before it.
2. Executory Interest 1. Operates to cut short the estate that comes before
it; it does NOT come into possession at the natural expiration of the earlier estate.
second.
3. Class Gifts 1. Gifts to a class of unnamed persons 2. RULE members of a class who predecease the T are eliminated
and do not recover; their gift lapses
3. Once the class is established when the will is executed, the class
stays open to accommodate those who later meet the definition of class member.
1. Only apply if grantor did not specify otherwise 4. Rule Against Perpetuities (RAP) 1 or 2 questions 1. RULE no interest in property is valid unless it must vest, if at all,
not later than 21 years after some life in being (measuring life) at the creation of the interest.
1. Doesnt matter. 6. Perpetuity Saving Clause 1. Saves a grant from being voided by RAP by making sure
vesting must occur w/in the time period of the rule.
9. RAP and Class Gifts 2 Situations to look for: 1. Age contingency in an open class: watch for facts where
the class is open and the gift over is contingent on a class member reaching a certain age.
purposes of RAP.
1. No RAP violation here. 2. Difference between these two hypos is that in the
first, the gift over could not vest until widow died; in the second, vesting occurs as soon as each child is born to A.
4. Concurrent Ownership 1. Joint Tenancies 1. 2 characteristics: 1. Right of survivorship when one joint tenant dies, the
property is freed from her concurrent interest (survivors do not succeed to it)
2. Creation of Joint Tenancy 1. Four Unities 1. Time all interest must have vested at the same
time
3. Destruction of Joint Tenancy 2 ways: 1. Partition a voluntary destruction 2. Severance an involuntary destruction. Occurs whenever
any one of the four unities is disturbed. *4 ways to sever for exam:
4. Creditor Sale of the interest in the JT. 1. No severance until the actual judicial sale A creditors judgment lien is not enough.
2. Tenancies in Common 1. 2 Characteristics: 1. Right to Partition any one tenant in common can force it 2. NO Right of Survivorship 2. Only one unity is required: Possession all tenants must have
equal rights of possession.
1. 3 Aspects to consider: 1. Possession- each co-tenant has the right to possess all the
property consistent w/ the other co-tenants rights to also possess
it all.
1. Not a right to exclusive to possession 2. Accountability requirement that one co-tenant may have to
account to another for a share of profits the co-tenant received.
2. Agreement to share 3. Lease of the property by co-tenant to a 3rd party 4. Depletion of natural resources 3. Contribution right of one co-tenant to force others to pay their
share of some expenditure co-tenant made.
2. Repairs Yes, but only for necessary repairs 3. Mortgage payments Yes 4. Taxes Yes 6. Non-Freehold (Landlord-Tenant) Estates 1. Tenancy in Years 1. KEY PHRASE to remember is specified time does NOT have
to be for years.
2. 3 Ways to Create: 1. Periodic tenancy by express agreement easy 2. Periodic tenancy by implication where lease is silent
as to its duration
3. Periodic tenancy by operation of law 2 situations: 1. Oral Lease violating Statute of Frauds 1. Acceptance of rent by landlord creates a
periodic tenancy by operation of law, even though the lease itself violates the S/F.
3. Tenancy at Will 1. Either party can terminate at any time, without notice 2. 5 other ways it terminates: 1. Death of either party 2. Waste by the tenant 3. Assignment by the tenant
4. Transfer of title by landlord 5. Lease by landlord to someone else. 4. Tenancy at Sufferance 1. Its the bare possession of a holdover T. At Ls sole option, L can
either:
2. Impose new periodic tenancy on T 1. For Residential Property new period will be
month-to-month
7. Duties of Landlord and Tenant 1. Tenants Duties 1. If the lease is silent on the Ts duties, T must: (1) pay rent, and
(2) not commit waste (cannot damages the lease premises).
2. If the lease says that T must repair and maintain then T is liable
for ALL damage to the property, including even ordinary wear and tear unless that is specifically excluded from the promise to repair.
without Ts fault.
2. Landlords Remedies 1. If T fails to pay rent, L can sue for both damages and to throw T
off the property (evict).
2. If T unjustifiably abandons the leasehold, L has 2 choices: 1. Treat abandonment as an offer to surrender and accept
the offer by retaking the premises; thus ending Ts liability as of that date.
1. If L cannot give possession, L has breached 2. Implied Warranty of Habitability - To deliver residential premises in
a habitable condition
2. If L breaches this implied warranty, then T has 4 options: 1. Terminate the lease; 2. Make repairs and offset the cost against future
rent;
2. This does NOT terminate the lease 3. If partial eviction is by person besides L, but
someone w/ better title, Ts rent is apportioned to reflect rent taken away.
1. For T to be excused, 3 requirements must be met: 1. Result of Ls actions; 2. Substantial interference w/ covenant of
quiet enjoyment; and
1. Assignments 1. DEF when T transfers everything, holding nothing back. 2. Situation 1: Landlord sues Tenant: are successive tenants on a lease
liable to L?