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PRESENT ESTATES 3
1. Fee Simple Absolute
2. Defeasible Fees
3. Life Estate
FEE SIMPLE ABSOLUTE
Absolute Ownership freely Deviseable, Descendable & Alienable

"O To A"
DEFEASIBLE FEES 3
1. Fee Simple DeterminableFSDPOR   
    i. Durational Language & forfeiture is automatic (So long as, during, until)
    ii. Possibility of Reverter
2. Fee Simple Subject to Condition Subsequent
    i. Subsequent Condition Occurs, Right of ReEntry
3. Fee Simple Subject to Executory Interest:
    i. Automatic Forfeiture to someone other than Grantor
    ii. Shifting Executory Interest

ABSOLUTE RESTRAINTS ON ALIENATION ARE VOID
LIFE ESTATE
O To A for Life
O=Reversion Interest
If held by a 3rd Party=Remainder
    i. Life Tenant entitled to Uses & Profits from land but can't commit WASTE.

Pur Autre Vie: Life estate measured by a life other than Grantee.
O To A for B's life
O=Reversion Interest
WASTE: VPA
1. Voluntary: Willful Destruction that Decreases Value of Prop
    i. Exception: Natural Resources (PURGE)
    PU
: Prior Use (Open Mines)
    R: Reasonable Repairs
    G: Grant
    E: Exploitation
2. Permissive: Land allowed to fall into Disrepair
    i. Maintain Premises
    ii. Pay All Ordinary Taxes
3. Ameliorative: No Enhancements
    i. Exception: Future interest holders known & Consent
FUTURE INTEREST in GRANTOR 3
1. Possibility of Reverter: Only FSDPOR
2. Right of ReEntry: Only FSSCS
3. Reversion: Future Interest in Grantor who transfers less than he started with
FUTURE INTEREST in TRANSFEREES 3
1. Vested Remainder
2. Contingent Remainder 
3. Executory Interest
Vested Remainder
1. Indefeasibly Vested Remainder
    i. Holder of remainder is certain to acquire estate w/no conditions attached by Will or Intestacy
2. Vested Remainder Subject to Complete Defeasance
   
i. Right to possession is subject to Condition Subsequent
3. Vested Remainder Subject to Open
    i. Group of Takers & Class is Open if more can join the Group
Contingent Remainder
i. Rule of Destructibility (Abolished): Remainder is destroyed if event doesn't occur in time. 
    ii. Rule In Shelly's Case (Abolished): Merge present & future interest into FSA
    iii. Doctrine of Worthier Title: Grantor tries to create future interest in his heirs=Life estate in Grantee & Reversion in Grantor
Executory Interest
Future interest in 3rd Party which cuts short anothers interest (Shifiting) or in the Grantor or his heirs (Springing)
1. Shifting
    i. Always follows a Defeasible Fee & cuts short someone other than the Grantor 
2. Springing
    i. Cuts short the Grantors Interest
RAP
Future Interest are void if the interest may vest more than 21 years after the death of a measuring life.

I. A gift to an open class that is conditioned on the members surviving to an age beyond 21 violates the common law RAP

II. Many Shifting Executory Interest violate the RAP. An Executory Interst w/no limits on the time w/in which it must vest violates the RAP.

Charity to Charity Exception

To A for life, then to A's Children (A is alive w/no children)

1. Contingent Remainders, Executory Interest & Vested Remainders Subject to Open

2. Identify Conditions Precedent to the vesting of the Suspect Future Interest (A must die leaving a child)

3. Find a Measuring Life (Look for person alive at conveyance & whether their life or death is relevant to conditions occurrence) (A)

4. Will we know w/in 21 years of death of measuring life, if future interest holders can take? (Conveyance is Good, becuase we will know at A's Death if A has left a child)
CONCURRENT ESTATES 3
1. Joint Tenancy
2. Tenancy By the Entirety
3. Tenancy In Common
Joint Tenancy
1. Right of Survivorship (Must be clearly expressed by Grantor)
2. Not Diviseable or Descendable

Creation: T-TIP
1. Time
2. Title
3. Identical Shares
4. Possess the Whole

Termination: SPAM
1. Sale (JT may sell or transfer interest)
2. Partition, And (Voluntary, Partition in Kind, Forced Sale)
3. Mortgage
    i. Lien Theory (Majority): Will not Sever JT
    ii. Title Theory: Severs JT as to morgatee's share
Tenancy by The Entirety
Married partners w/Right of Survivorship (H&W)
    i. Only 21 States: Presumptively in any conveyance to married partners, unless stated otherwise
    ii. CANT TOUCH THIS!
      a. Creditors: Of only 1 spouse can't touch this
      b. Unilateral Conveyance: Nullity
Tenancy In Common
1. Each Co-Tenant owns Individual Part & Right to Possess the Whole
2. Interest is Descendable, Divisible & Alienable
3. Presumption Favors TIC
Rights & Duties Co-Tenants: CRAP RIP W
1. Possession: Each has a right to Possess the Whole
    i. Ouster: Wrongfully excluding a Co-Tenant from possession of a whole or part

2. Rent:
    i. Right to Rent from 3rd Parties proportional to Co-Tenants Share
    ii. No right to rent from Co-Tenants in Exclusive Possession
    iii. PROFITS: Co-tenant in possession has the Rt to retain profits by his use of the prop

3. Adverse Possession: Cannot acquire Adverse possession unless Ousted

4. Carrying Costs: Each responsible for their fair share of taxes, Mortgage payments  based proportionaly to undivided share

5. Repairs: Contribution for necessary & reasonable repairs

6. Improvements: No right to Contribution.
    i. At partition entitled to Credit

7. Waste: No waste by VPA
    i. Co-Tenant may bring action during co-tenancy

8. Partition: Voluntary Agreement, Partition, Forced Sale
LANDLORD/TENANT LAW 4
1. Tenancy For Years:
    i. Fixed period of time
    ii. Termination date known from start
    iii. No notice required to End
    iv. Greater than 1 year must be in writing: SOF

2. Periodic Tenancy (Implication)
    i. Successive Intervals
    ii. Interval determines Notice Requirement 
    iii. Holdover
   
3. Tenancy At Will
    i. No Fixed Duration
    ii. Payment of regular rent will create Implied Periodic Tenancy
    iii. Terminated at any time
 
4. Tenancy At Sufferance
   
i. Wrongfully Held Over
    ii. Lasts until L evicts or holds T as new tenant
TENANTS DUTIES 3
1. Liability to 3rd Parties
    i. Reasonable Good Repair
    ii. T liable to Licensee for injuries even if L promised to repair

2. Duty to Repair
   
i. Maintain premises & Make Ordinary Repairs
    ii. No Waste: VPA
    iii. Fixtures Pass w/Land: Unles Removal does not Substantial Harm Premises
    iv. CL: T Liable for ANY Damage, including Force of Nature
        Majority: T may terminate lease if premises destroyed w/out T's fault
   
3. Pay Rent
   
i. T breaches & in Possession: LL can evit or Continue & Sue
    ii. LL MUST NOT: Self help
    iii. T breaches & out of Possession: SIR Surrender, Ignore & Re-Let
LANDLORD'S DUTIES 3
1. Duty to Deliver
   
i. Majority: Physical Possession
    ii. Minority: Legal Possession

2. Implied Covenant Quiet Enjoyment
   
i. Residential & Commercial
    ii. Actual: Wrongfully Evicts or Excludes from premises
    iii. Constructive: SING Substantial Interference, Notify & Goodbye
    iv. LL liable for 3rd Party Acts: NO
Exceptions:     
      a. L permits nuisance
      b. Common Areas   

3. Implied Warranty of Habitability
    i. Residential Only
    ii. Not Waivable
    iii. Fit for basic human habitation (water, heat, plumbing). Housing Code   
    iv. MR3
      a. Move
      b. Repair & Deduct
      c. Reduce Rent
      d. Remain & Sue
    v. Retaliatory Conviction: No raising rent, ending lease, harrasing tenant
ASSIGNMENT
1. L can prohibit Assignment in Lease
    i. L waives Rt to object to future assignments when consents to one transfer, unless expressly reseres the Rt
    ii. L & T2=Privity of Estate, Pay Rent & Repair
    iii. L & T2 NOT Privity of K unless T2 Assumes all promises
    iv. L & T1=Privity of K, Secondarily Liable
SUBLEASE
1. Neither in Privity of estate or K
2. T1 & T2 Liable to eachother
3. L & T1 Liable to eachother
LL TORT LIABILITY
1. CL: L under no duty to make premises safe
2. Exception: CLAPS
   
i. Common Areas
    ii. Latent Defects: WARN hidden defects
    iii. Assumption of Repairs: LL who voluntares to repair must do so w/reasonable care
    iv. Public Use (Convention Center): LL liable Nature of Defect & Length of Lease
    v. Short Term Lease of Furnished Dwelling: ANY Defects
EASEMENTS
1. Appurtenant=2 parcels
    i. Passes Automatically unless BFP w/out Notice
2. Gross=1 parcel
    i. Only transferable for Commercial Purpose

PING
1. Prescription
    i. Adverse Possession COAH
2. Implication
    i. Implied from existing use
3. Necessity
    i. Landlocked Setting
4. Grant
    i. More than 1 year in writing SOF

Termination: END CRAMP
1. Estoppel
    i. Owner relies that easement wont be enforced
2. Necessity
    i. Expires when need ends unless express grant
3. Destruction
    i. Servient land destroyed
4. Condemnation
    i. Eminent Domain ends easement
5. Release
    i. Written Release
6. Abandonment
    i. Physical Action intent to terminate
7. Merger
    i. Both lands under common ownership
8. Prescription
    i. Servient owner Adverse Possession COAH
LICENSE
Privilege to enter anothers land for some delineated purpose
    i. SOF Does NOT apply
    ii. Revokable at will unless estoppel ($ or Labor) applies
    iii. Tickets & Neighbors talking by fence
PROFIT
Enter the servient land & take soil or substance of the soil
    i. Minerals, Timber, Oil
    ii. All rules of easement apply
COVENANT
$ Damages=Covenant

Burden: WITHN
1. Writing
2. Intent
3. Touch & Concern
4. Horizontal
5. Notice

Benefit: WITV
EQUITABLE SERVITUDE: Common Scheme
WITNES
1. Writing
2. Intent
3. Touch & Concern
4. Notice: AIR

Changed Conditions: Entire Area has changed
PRIVITY NOT REQUIRED
ADVERSE POSSESSION
COAH
1. Continuous
    i. Uninterrupted
    ii. Tacking thru privity
    iii. Disabilities: SOL wont run if owner had disability at start of adverse possession
2. Open & Notorious
    i. Possession owner would make
3. Actual
4. Hostile
    i. Doesnt have owners consent

POSSESSOR'S SUBJECTIVE STATE OF MIND IS IRRELEVANT
LAND CONVEYANCE: Land Contract
1. Requirement: Describe Land, Consideration & In Writing signed by party to be bound

2. Part Performance: 2 needed
    i. Possession
    ii. Payment all or part
    iii. Substantial Improvements

3. Equitable Conversion: Buyer bears risk of loss unless K states otherwise

4. Implied Promise
    i. Marketable Title at Closing
      a. Part of land by adverse possession=unmarketable
      b. Zoning Violation=Unmarketable
    ii. No False Stmt/Omission of Material Fact     
      a. Disclaimer "as is"=No excuse
      b. No implied warranties of fitness or habitability
      c. Exception: Sale of new home by builder of home
LAND CONVEYANCE: Closing
LEAD
L
awful Execution of A Deed
1. Deed in writing, Signed by Grantor
2. No Consideration needed
3. Description of land: Unambiguous descriptoin & LEAD
4. Delivery: Present Intent
5. Rejection: Defeats Delivery
3 TYPES OF DEEDS
I. General Warranty: Warrants against all defects in title including from predecessors
1. Seisin
2. Rt to Convey
3. Encumbrances
4. Quiet Enjoyment
5. Warranty
6. Assurances

II. Special Warranty: Only applies to Grantor
1. Hasn't conveyed to anyone else
2. Free from Encumbrances made by Grantor

III. Quitclaim:No Covenants
1. Implied in Land K to provide Marketable Title at Closing
RECORDING SYSTEM
1. BFP in NOTICE=Last BFP WINS
2. BFP in RACE/NOTICE=First BFP to record WINS

BFP=
Purchaser for value (Substantial Pecuniary Value) & W/out Notice (AIR)
SHELTER RULE
One who takes from a BFP prevails against any entity that the Transferor-BFP would have prevailed against.

Transferee "takes shelter" in the status of the transferor & "steps in the shoes" of the BFP even though he isn't a BFP
WILD DEED
If a deed, entered on the records, has a grantor unconnected to the chain of title, the deed is a wild deed. It is incapable of giving record notice of its existence.
ESTOPPEL BY DEED
One who conveys realty in which he has no interest, is estopped from denying the validity of that conveyance if he later acquires that previously transfered interest.
MORTGAGES
1. Debt
2. Voluntary Lien in Debtors land to secure the debt

I. Until foreclosure debtor has Title & Rt to possess
II. All parties can transfer their interests
III. Assume:Buyer is Primarily Liable & Seller is Secondarily Liable
IV. Subject To: Buyer no Personal Liability

Equitable Mortgage: Instead of executing a note, O gives Creditor a Deed to the Property 
    i. If Creditor sells prop, O can only sue for fraud & sale proceeds

Foreclosure: Land is sold if mortgage isn't paid.
    i. Proceeds go to satisfy the debt
    ii. Deficiency Judgment if insufficient funds
    iii. Surplus funds go to Junior Liens
    iv. Foreclosure destroys all interest junior to the mortgage, but parties w/subordinate interest MUST be given notice of foreclosure.
    v. Debtor/Mortgagor also necessary party to ction
    vi. Foreclosure does not affect any interest senior to the mortgate
Mortgage: Priority
1. Creditor must record to be given priority. First in time, first in right
2. Purchase Money Mortgage: Creditor loans $ to purchase the prop & has 1st priority in the prop
3. Floating Lien: Security interest in any prop the debtor has or acquires
Mortgage: Redemption
1. Equitable Redemption: Debtor can redeem prop any time prior to the foreclosure sale. Debtor can't waive this right
2. Acceleration Clause: Legal
3. Statutory Redemption: May redeem prop after foreclosure up to 6 months. Only has to pay Foreclsure sale price
LATERAL SUPPORT
1. Improved land only protected by Negligent neighbor
2. SL: Only if proved land would have collapsed in Natural State
WATER RIGHTS
1. Riparian (Majority): Water belongs to those who own the land bordering the water.
    i. Reasonable use of water
    ii. Liable if unreasonably interferes w/others use
    iii. Natural/Domestic use trumps Agricultural/Commercial

2. Prior Appropriation: First to make Beneficial use trumps subsequent users

3. Ground Water: Surface owner entitled to make Reasonable Use of Ground water as long as NOT wasteful

4. Surface Water: Rain, Springs or Melting Snow: COMMON ENEMY RULE
   
i. Landowner may change drainage or improvements on land to comabe surface water, unless unnecessary harm to others land
POSSESSORS RIGHTS
1. Trespass: Invasion of land by tangible physical object. To remove a trespasser must bring action for ejectment

2. Private Nuisance: Substantial & Unreasonable interference w/anothers use & enjoyment of land (Odors, Noise, etc)
    i. Hypersensitive: No nuisance available
EMINENT DOMAIN
1. Gov can take private property for public use in exchange for just compensation
    i. Explicit Taking: Acts of Gov Condemnation
    ii. Regulatory Taking: Leaves no Economic use. Compensate or Terminate Regulation & pay for damage
ZONING
1. Gov may enanct statutes to reasonably control land use
2. Variance: Permission to depart from zoning ordinance requirement
    i. Undue Hardship
    ii. Variance wont decrease neighboring prop. values
3. NonConforming Use: Once lawful, now deemed nonconforming by zoning ordinance.
4. Unconsitutional Exactions: Amenities Gov Seeks in Exchange for granting permission to build
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