Bar REal Property

  1. Promissory restraint
    provides that the grantee promises not to transfer her interest...valid for life estates
  2. Disabling restraint
    withholds from the grantee the power to transfer her interest....void on life estates
  3. forfeiture restraint
    if grantee attempts to transfer interest the interest is forfeited to another person.....valid on life estates
  4. spendthrift restrant
    a disabling restraint on an equitable interest in trust
  5. Four unities for joint tenancy
    Time, Title, Interest and Possesion
  6. Time (4unities)
    interests mus vest at the same time
  7. Title (4 unities)
    Interests must be acquired by the same intstrument
  8. Interest (4unities)
    interests must be of the same type and duration
  9. possession (4 unities)
    interests give identical rights to enjoyment
  10. Tenancy for years
    a leasehold estate in land wherein the tenant has a present possessory interest in the leased premises and the landlord has a reversion
  11. Rule of destructibility of contingent remainders
    a contingent remainder must vest prior to or upon termination of the preceding estate or it is destroyed
  12. Doctrine of merger
    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
  13. Rule in shelly's case
    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
  14. doctrine of worthier title
    A remainder limited to the grantor's heirs is invalid, and the grantor retains a reversion in the property
  15. Vested remainder subject to total divestment
    remainderman is in existence and ascertained, but his right to possession and enjoyment is subject to defeat by the happenning of a condition subsequent
  16. vested remainder subject to open
    vested remainder subject to diminution by reason of other persons becoming entitled to share the remainder
  17. Fee simple subject to executory interest
    upon the happening of the stated event the FS is automatically divested in favor of a third person
  18. Fee simple determinable
    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"
  19. Statutory right of redemption is exercised
    after the foreclosure sale
  20. Right of redemption in equity
    Before the foreclosure
  21. License
    merely a privilege to go upon another's land, not an interest
  22. easement
    nonpossessory interest in land, holder has the right to use another's land, but not possess and enjoy the land
  23. Profit
    nonpossessory interest in land, holder has right to go upon another's land and take soil or a substance of the soil
  24. real covenant
    nonpossessory interest in land, a written promis to use or not use land in a certain manner
  25. common driveway treated as
    a cross-easement for suppoert, each party has right to use, neither party can unilaterally destroy
  26. easement in gross
    holder has right to use another's land independent of her ownership or possession of another tract of land
  27. easement by reservation
    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
  28. easements by necessity
    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
  29. burden of the covenant will run to successors in interest if
    • 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     
  30. vertical privity
    successor in interest holds entire durational interest held by the covenantor at the time he made the covenant
  31. horizontal privity
    original parties shared some interest in the land independant of the covenant at the time they entered the covenant
  32. Oral attempt to create a perpetual easement =
  33. Use of easement beyond legal scope results in
    easement surcharged and servient owner may sue to enjoin use
  34. easement can be extinguished by
    • easement holder's physical act of abandonment
    • nonuse, even if for long period, is not enough must also have ^^ 
  35. Voluntary destruction of servient estate
    doesnt terminate easement
  36. Involuntary destruction of servient estate
    will extinguish easement
  37. condemnation of servient estaet
    terminates easement
  38. affirmative easements
    entitle the holder to enter upon the servient tenement and make affirmitive use of it
  39. appurtenant
    holder is benefited in her physical use or enjoyment of another tact of land
  40. holder of an easement in gross has
    right to use another's land independent of her ownership or possession of any other tract of land
  41. negative easement
    entitles holder to compel the possessor of the servient tenement to refrain from engaging in certain activity
  42. effect of profit holder's using profit beyond legal scope is
    the profit automatically terminates
  43. breach of real covenant remedied by
    award of money damages
  44. breach of equitable servitude remedied by
    injunction or specific performance
  45. Burden of an equitable servitude will run to successors in interest if
    • parties intended successors be bound
    • successor has notice of the covenant
    • covenant touches and concerns the land

    horizontal and vertical privity not required    
Card Set
Bar REal Property
Real Property