by emsy23


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Voluntary Waste
May not consume/exploit natural resources on property unless (PURGE): Prior Use + open mine doctrine; Reasonable repair; Grant; Exploit (suitable).
Tenant is responsible for waste resulting from own intentional/negligent act.
Permissive Waste/neglect
Life tenant must maintain premises and pay ordinary taxes.

Tenant must report and prevent further dmg for waste that resulted from tenant's failure to take care of harm (windstorm).
Ameliorative Waste
Enhance value; need all future party consent.
Future Interest (Retained by Grantor)
Reversion

Possibility of Reverter

Right of entry
Reversion
Grantor gives less than entire estate, has reversion (property reverts back to grantor when lesser estate ends).



Ex: O to A for life (O has reversion).
Possibility of reverter
property "possibly" may revert back to grantor if determinable estate ends.



Ex: FS determinable: "while" "for so long as" "until" "during"
Right of entry
grantor expressly retains right to cut short the estate conveyed.



Ex: FS on condition subsequent: "provided however" "but if" "condition"
Future interest (Retained by Grantee)
Remainder: Vested / Contingent
Vested Remainder
Created in an ascertained person & not subject to condition precedent.
Vested Remainder: Indefeasibly vested
If certain to be possessory on termination of estate.
Vested Remainder: Subject to open
interest in a class of persons where at least one can take.
Vested Remainder: Subject to divestment
When condition subsequent could divest the interest.
Contingent Remainder:
Created in unascertained person or subject to condition precedent.
Executory interests
triggering event cuts short interest; subject to RAP.
Shifting Executory Interest
cuts short a previous estate by divesting grantee of his interest.

Ex: O to A for life, then to B and his heirs, but if at B's death B is not survived by issue then to C and her heirs. (B has shifting).
Springing Executory Interest
Spring out of and divest the grantor's interests.

Ex: O to A for life, then one day after A's death to B and his heirs.  (B springing)
Rules affecting these interests:
Rule of destructibility of contingent remainders:

Doctrine of Worthier Title:

Rule in Shelley's Case:
Rule of destructibility of contingent remainders
"O to A for life, then if B has reached 21, then to B" - A dies b/f B turns 21.

O or O's heirs hold subject to springing executory interest and B takes when turns 21.
Doctrine of Worthier Title
Rule against remainder in grantor's heirs.

"O to A for life, then to O's heirs."

O's heirs void UNLESS O clearly intended to create contingent remainder on heirs.
Rule in Shelley's Case
"O to A for life, then on A's death, to A's heirs."

CL: present and future interest merges and A becomes FSA.

Modern: A has LE, A's heirs have contingent remainder, O has reversion.
Cotenancy: Types
Tenancy in common

Joint tenancy

Tenancy by entirety
Tenancy in common:
form of concurrent ownership; each co-tenant owns separate undivided interest in the whole; conveyance to 2+ presumptively creates TC.

TC can sell, give, devise undivided share (no survivorship); only unity of possession; must pay reasonable rent only if other co-tenant ousted; must pay ordinary upkeep expenses; must share rent/income from third party equally w/ co tenants.
Joint tenancy:
form of concurrent ownership; gives co-tenant undivided share of property.

Common law: conveyance to 2+ at same time/title/interest/possession.  4 unities (TTIP).

Modern law: JT disfavored, results when express intent to create right of survivorship (JT dies, survivors retain undivided right to whole; not inheritable or devisable.
Tenancy by entirety:
marital interest w/ right of survivorship - can't convey or creditor reach.
Severance (involuntary destruction)
JT conveys interest: severs JT's interest, buyer gets TIC.

Mortgage: conveyance of lesser interest (mortgage) may not affect severence.  Lien theory: no severence by mortgage itself; only if mortgage foreclosed, land sold.  Title theory: severence results b/c unity of title destroyed by transfer of title.

Contract of sale: results in severance of JT.

Creditor's Sale of Interest in JT: actual judicial sale required.
Partition:
Voluntary destruction
Relations among cotenants:
Ouster; property taxes; repairs; improvements
Ouster
an act by one co-tenant which deprives another co-tenant of the right of possession.  Occurs when occupying co-tenant refuses to allow other co-tenant to occupy OR demands co-tenant to vacate or pay rent.

Remedy: ousted co-tenant entitled to recover share of rental value of property for time wrongfully deprived of possession; bring suit to collect share or suit to partition (physical division or judicial sale).
Property taxes:
responsibility of all co-tenants; co-tenant who pays may deduct from others or reimbursed in partition action.
Repairs:
payment for repairs recovered from co-tenant for his share in accounting/partition.
Improvements:
not agreed to by other co-tenants are not recoverable in direct suit; deductions allowed only when improvement results in increased rents.
Law of Landlord/Tenant:
Types of holdings:
Terms for years
Tenancies at will
Holdovers and other tenancies at sufferance
Periodic tenancies
Tenancies at will
must have clear agmt for termination by either party at will.
Holdovers and other tenancies at sufferance
Tenant is holdover tenant when remains in house after lease expires; LL may either: 1) declare T trespasser; 2) demand possession; 3) bind T to new periodic tenancy.
Periodic tenancy
LL has right to: 1) terminate lease for nonpayment of rent; 2) give tenant proper notice of termination (entire period in advance 1 yr = 6 mo); 3) Sue Tenant for money dmgs for unpaid rent; 4) seek money dmgs for waste (voluntary).
Tenant's Rights/Duties
lease gives tenant present possessory interest/exclusive right to possess.
Duty to pay rent
Duty to repair
Right to Quiet Enjoyment
Warranty of Habitability
Retaliatory Eviction
Duty to pay rent
during lease period even after assignment/sublease.
Duty to repair
Tenant not required to repair dmg from act of God; must timely report.
Right to Quiet Enjoyment
actual/partial/constructive: interferes w/ T's enjoyment, then T can terminate lease and refuse to pay rent (majority)
Warranty of Habitability
if breached, T's remedies are Move, Repair, Reduce, Remain.
LL's Rights/Duties
LL may enter to collect rent/make repairs to preserve future interest.

Duty to Deliver Premises: Majority rule: at lease inception; Minority: T2 CoA against holdover only.
LL's rights
if T fails to pay rent, LL can terminate lease and collect dmgs for breach.
If T uses property for illegal purpose, LL can seek dmgs in lost revenue, compensation for remainder of lease (if unable to re-lease) and injunction.
If T vacates, SIR - LL may Surrender, Ignore, or Relet.
LL can use security deposit to offset dmgs caused by abandonment/misuse.
Law of landlord tenant: types of holdings
Terms for years
Tenancies at will
Holdovers
Periodic tenancies
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