PROPERTY.csv

• 1. Contingent remainders
• 2. Executory interests
• 3. Vested remainders subject to open
• 4. Options and rights of first refusal (unless connected to lease)
• Doesn't apply if gift is from charity to charity

• "Created by TTIP (time, title, interest, possession) and clear intention to create in writing"
• "Right of survivorship, right to partition"
• "Destroyed by partition, severance (one of TTIP broken, e.g., by conveyance, mortgage in a title state, contract of sale, creditor's sale)"

• 1. Unity of ownership (of both estates)
• 2. In valid release (in writing to satisfy SoF)
• 3. Abandonment: intent manifested plus physical act
• 4. Estoppel:
• a. Some conduct or assertion by dominant owner
• b. reasonable reliance by the servient owner
• "c. A change in position (e.g., servient owner building on the easement)"
• 5. Termination by prescription (servient blocks use for statutory period)
• 6. End of necessity

• 1. Intent (inferred from a common scheme for development)
• "2. Notice of the covenants (actual, inquiry, record)"

• 1. debt or promise of payment by deed's grantor
• 2. grantee's promise to return land when debt paid
• 3. amount advanced to grantor/debtor lower than property value
• 4. degree of grantor/debtor's financial distress
• 5. parties' prior negotiations

• 1. Prior to time tract divided there was a use of servient reasonably necessary to dominant part use
• 2. The use must be apparent and continuous at time tract divided
• "(do not confuse this with a pure necessity easement, which can always arise if truly necessary)"

• 1. Hostile
• 2. Exclusive (excluding others)
• 3. Lasting (statutory period)
• 4. Uninterrupted
• 5. Visible (open and notorious)
• 6. Actual (plus constructive or leasing)

Affirmative waste - natural resources (only allowed if necessary for repair of the land)

Permissive waste - (life tenant is obligated to keep land and structures in a reasonable state of repair and pay interest and taxes)

Ameliorative Waste (liable at common law but now can do it if it does not decrease the value and the life remainderman does not object or the neighborhood has changed) 

If an instrument created a life estate in A and gave the remainder to his heirs then this rule says that the remainder is not recognized and A takes the remainder. 

A remainder in the grantors heirs becomes a reversion in the grantor

Covenants may be created only by writing 

Equitable servitudes may arise from a common scheme of development of a residential subdivision 

Unclean hands 

Laches

Estoppel

Acquisced

Neighborhood has changed  

Siesin 

Right to convey

Against encumberances

Quiet Enjoyment

Warrany

Futher assurances  

• In writing 
• Signed by the grantor
• Reaonably intdifying the parties and the land  

Delievered and accepted by the buyer. (intention to make a deed presently effective) 

Defects in the record chain of title (adverse possion)

Encumbrances (signficent encroachments)

 

Estoppel 

Liscens coupled with an interest

Duty to deliever actual possession of the property

Quiet Enjoyment

Implied Warranty of Habitability

when a land owner sells a portion of his property and by this division deprives one lot of access to a public road or utility line 

When lots are sold in a subdivion with reference to a recorded plat or mapp that also shows streets leading to the lots.

Express grant 

Express reservation

Implicatioin (from prior use and without existing use)

Necessity 

Prior to the division of a single tract, 

An Apparent and continous use exists on the servient part

That is reasoanbly necessary for the enjoyment of the dominant part

The court determines that the parties intended the use to continue after the division of the land

If  a tenant continues to possess the property after his term, the landlord may evict him or bind him to a new period tenancy.

An interest must vest if at all 21 years from the end of a life in being at the time of the creation of the interest. 

The rule applies to executory interets, contingent remainders, vested remainders subject to open

Inter vivos conveyance 

Contract to convey

 

Vested reaminders are fully transferable, dscendible, and devisable. 

Today contingent remainders and executory interests are freely transferable as well. 

Contingent remainders and executory  are descendible and devisable provided survival is not a condition of the interests taking.

Indefeasibly vested remainder 

Vested remainder subject to open

Vested remainder subject to total divestement  

Contingent remainder

Reversionary intersts (possibiltiy of reverter and right of entery, and reversions these are rights in the grantor)

Remainders (future interest in a thrid party)

Fee simple determinable with a possibiltiy of reverter

Fee simple subject to condition subsequent with a right of reentry

Fee simple subject to an executory interest

• 1. Proof of title (deeds in chain of title)
• 2. Title free of encumbrances
• "3. Valid legal title, but not until day of closing"
• Seller must be given time to cure if buyer notices defect in title
• "Otherwise, buyer can get"
• 1. Rescission
• 2. Damages
• 3. Specific performance (with price abated)