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Fee Simple Determinable Language
So long as
While
During
Until
Possibility of Reverter
When a fee simple determinable is created the grantor always maintains a possibility of reverter that triggers upon the specified event.
Fee Simple Subject to Conditon Subsequent Language
Creates right of renetry in the grantor upon condition that
Provided that
but if
if it happens that
Fee Simple Subject to Exectory Interest
Is created when a fee simple is cut short and the interest passes to a third party.
Doctrine of Waste
Life tenants must maintain the land.
Affirmitive Waste (voluntary)
Open mines can be used.
New areas cannot be started
Permissive Waste
(failure to maintain)
Duty to preserve the land
Pay interest on mortgages
pay special assessments for goverment
No obligation to insure
Amerliortive Waste
Change for the benefit of the property.
Requires a substantial and permanent change
Market Value of the future interest is not diminished
We love money more than happy.
Vested Remainder Subject to Open or Partial Divestment
This is a vested remainder that is created in a class of people. (children)
Vested Remainder Subject to Total Divestment
This remainder is vested but will only transfer base don the satisfaction of a condition subsequent

What do they have? O to A for Life, then to B and his heirs, but if B dies, then to C.
A has life estate,
B has a vested remainder subject to complete divestment.
C has an executory Interest.
Land Taxes- Life Tenant
Life Tenants Must pay the land taxes.
NonAssignment Clauses in leases
Are valid.
Can terminate lease: if contained in the clause.
Sue for damages if any.
Notice With Periodic Tenancy
Notice must be one full period from the start.

Sunday---> Sunday, must give 1 week on the Sunday.
Terminate Easement
Mere non-use is not enough to terminate a valid easement.

Must show intent, building something, removing something stating something and non-use.
Adverse Possession Elements
mmmmmmmmmust be (i) actual and exclusive (i.e., not in conjunction with the true owner or the public at large), (ii) open and notorious (i.e., such as the usual owner would make of the land), (iii) hostile, and (iv) continuous throughout the statutory period.
(i) actual and exclusive (i.e., not in conjunction with the true owner or the public at large),
(ii) open and notorious (i.e., such as the usual owner would make of the land),
(iii) hostile, and
(iv) continuous throughout the statutory period.
Note: Leasing the land to someone else is a normal act and satisfies possession.
Reciprocal Negative Servitude
Requires
1) common scheme or plan
2) notice of the convenants -in deed, inquiry, others behavior
Enforcement of Land burdens
Equitable servitude: equity: injunction

Covenant: law: dmgs.
Race Notice requirements

"Without Notice" "First Recorded"
Must be a subsequent purchaser
For Value
Without notice of an adverse claim
And first record
Change in Land boundries ok?
Accrestion: Yes: Slow
Avulsion: No: Fast
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