Bar REal Property

provides that the grantee promises not to transfer her interest...valid for life estates

withholds from the grantee the power to transfer her interest....void on life estates

if grantee attempts to transfer interest the interest is forfeited to another person.....valid on life estates

a disabling restraint on an equitable interest in trust

Time, Title, Interest and Possesion

interests mus vest at the same time

Interests must be acquired by the same intstrument

interests must be of the same type and duration

interests give identical rights to enjoyment

a leasehold estate in land wherein the tenant has a present possessory interest in the leased premises and the landlord has a reversion

a contingent remainder must vest prior to or upon termination of the preceding estate or it is destroyed

when the same person acquires all of the existing interest in land, present and future, a merger occurs resulting in fee simple absolute in that person

a conveyance that purports to give a grantee a freehold estate with a remainder to the grantee's heirs instead gives the grantee both freehold estate and the remainder

A remainder limited to the grantor's heirs is invalid, and the grantor retains a reversion in the property

remainderman is in existence and ascertained, but his right to possession and enjoyment is subject to defeat by the happenning of a condition subsequent

vested remainder subject to diminution by reason of other persons becoming entitled to share the remainder

upon the happening of the stated event the FS is automatically divested in favor of a third person

estate that automatically terminates on the happening of a stated event and reverts to the grantor

Usually has words "for so long as" "while" "during" "until"

after the foreclosure sale

Before the foreclosure

merely a privilege to go upon another's land, not an interest

nonpossessory interest in land, holder has the right to use another's land, but not possess and enjoy the land

nonpossessory interest in land, holder has right to go upon another's land and take soil or a substance of the soil

nonpossessory interest in land, a written promis to use or not use land in a certain manner

a cross-easement for suppoert, each party has right to use, neither party can unilaterally destroy

holder has right to use another's land independent of her ownership or possession of another tract of land

arises when the owner of a tract of land conveys title but expressly reserves the right to continue use of the tract for a special purpose after the conveyance

arises when the owner of a tract of land sells a part of the tract and by the division deprives on lot of access to a public road or utility line

• 1. covenanting parties intended that successors be bound
• 2. successor has notice 
• 3. horizontal privity between the orginial covenatnting parties                      
• 4. Vertical privity between covenantor and successor
•             AND
• 5. Covenant touches and concerns land     

successor in interest holds entire durational interest held by the covenantor at the time he made the covenant

original parties shared some interest in the land independant of the covenant at the time they entered the covenant

LICENSE

easement surcharged and servient owner may sue to enjoin use

• easement holder's physical act of abandonment
• nonuse, even if for long period, is not enough must also have ^^ 

doesnt terminate easement

will extinguish easement

terminates easement

entitle the holder to enter upon the servient tenement and make affirmitive use of it

holder is benefited in her physical use or enjoyment of another tact of land

right to use another's land independent of her ownership or possession of any other tract of land

entitles holder to compel the possessor of the servient tenement to refrain from engaging in certain activity

the profit automatically terminates

award of money damages

injunction or specific performance

• parties intended successors be bound
• successor has notice of the covenant
• covenant touches and concerns the land

horizontal and vertical privity not required