Prop

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Author:
willchoi
ID:
203106
Filename:
Prop
Updated:
2013-02-24 20:10:31
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Prop
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Prop
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  1. Property Outline
    • 1. Estates in Land
    • 2. Landlord/Tenant
    • 3. Servitudes, Non-Possessory Estates
    • 4. Land Conveyancing
    • 5. Mortgages
    • 6. Natural Rights
    • 7. Public Land Use Controls
  2. 1. Estates in Land
    • Fee simple absolute
    • Fee simple determinable - Possibility of reverter
    • Fee simple subject to condition subsequent - Right of entry
    • Fee simple subject to executory limitation - Executory interest, shifting or springing
    • Life estate - remainder, vested or contingent
    • Concurrent estates
    • - Joint tenancy
    • - Tenancy by the entirety
    • - Tenancy in common
  3. 2. Landlord/Tenant
    • Tenancy for years
    • Periodic tenancy
    • Tenancy at will
    • Tenancy at sufferance
    • Tenant's duties
    • - pay rent
    • - not to commit waste
    • - to repair
    • - fixtures
    • Landlord's duties
    • - to deliver
    • - quiet enjoyment
    • - implied warranty of habitability: TRAP terminate, repair & deduct, abate rent, possession and sue
    • - retaliatory eviction: presumed if within 180 days
    • Assignment and Subleases
    • - assignment: assignee and landlord in direct relationship, assignor still liable
    • - sublease: only sublessor in privty of K with LL, sublessee in privity with sublessor
  4. 3. Servitudes
    • Easements
    • Licenses
    • Profits
    • Covenants
    • Equitable servitudes
  5. 3a. Easements
    • PING creation
    • - Prescription
    • - Implication: prior common ownership, previous use apparent, reasonable necessity
    • - Necessity: unity of ownership, strict necessity, extinguishes when necessity terminates
    • ENDCRAMP termination
    • - Estoppel
    • - Necessity terminates
    • - Destruction of servient estate
    • - Condemnation
    • - Release
    • - Abandonment
    • - Merger of estates
    • - Prescription
  6. 3b. Licence
    • No writing required
    • Freely revocable
  7. 3c. Profits
    • Privilege to enter and remove resources
    • PING creation
    • ENDCRAMP termination
  8. 3d. Covenants
    • Contractual limitation to do or not do something related to land
    • Burdens to run WITHN
    • - Writing
    • - Intent
    • - Touch and concern the land
    • - Horizontal and vertical privity
    • - Notice
    • Benefit to run WITV
    • - Writing
    • - Intent
    • - Touch and concern the land
    • - Vertical privity
  9. 3e. Equitable Servitude
    • Covenant enforced in equity, no money damages
    • Requirements WITN
    • - Writing
    • - Intent
    • - Touch and concern the land
    • - Notice
    • Defense: doctrine of changed conditions, entire neighborhood changed, not just pockets
  10. 4. Land Conveyancing
    • a. Land contracts
    • b. Deeds
    • c. Covenants for title
    • d. Recording statutes
  11. 4a. Land Contracts
    • Statue of frauds: must be in writing
    • Risk of loss on B once K is signed
    • Implied promises by S
    • - Marketable title at closing: no title defects, no encumbrances, meets zoning restrictions
    • - No false statements of material facts
    • - No warranty of fitness, except for new construction
  12. 4b. Deeds
    • Requires LED
    • - Lawful Execution: writing, signed by S, reasonable ID parties and land
    • - Delivery
    • - Acceptance is presumed
  13. 4c. Covenants for Title
    • General Warranty: covenant of seisin, right to convey, against encumbrances, for quiet enjoyment, of warranty, for further assurances
    • Statutory Special Warranty: not conveyed to 3rd, free from encumbrances by grantor
    • Quitclaim: grants only whatever S has
  14. 4d. Recording Statutes
    • Types
    • - Race: first to record wins
    • - Notice/Race-Notice: first to record with no actual, constructive, or inquiry notice wins
    • Chain of title problems
    • - Shelter rule: one who purchases from BFP has same rights as BFP
    • - Wild deed: not capable of constructive notice
    • - Estoppel by deed: if S has no interest in land conveys it, S can't later deny conveyance if S acquires the land
  15. 5. Mortgages
    • Creation: debt and valid transfer of security interest in land
    • - Legal: in writing SoF
    • - Equitable: absolute deed to secure debt can be treated as mortgage under equity
    • Transferability: both note and mortgage must be transferred to same person
    • - Holder in due course free from personal defenses but not real defenses
    • - B: assumption, B primary liability S second; subject to, only S liable
    • Foreclosure: Sr. and Jr. interests, redemption
  16. 6. Natural Rights
    • Lateral support
    • Subjacent support
    • Water rights
    • - Riparian doctrine: Natural Flow Theory cannot result in substantial diminution VS. Reasonable Use Theory right to reasonable use
    • - Prior appropriation: rights determined by priority of beneficial use
    • - Ground water: surface owner entitled to reasonable use unless wasteful
    • - Surface water
    • -- common enemy rule: O may take protective measures to get rid of water
    • -- natural flow: 1/2 of jxs, cannot alter natural drainage patterns
  17. 7. Public Land Use Controls
    • Eminent Domain 5th Amd for public use w/ just compensation
    • - Per Se: physical invasion or denial of all economic value
    • - Regulatory: balance social benefit, economic impact to O, O's reasonable expectations for property use
    • - Remedies: just compensation or terminate regulation and pay damages
    • Zoning
    • - Nonconforming use: must be gradually eliminated
    • - Variance provisions: undue hardship and will not decrease neighborhood prop values
    • - Exaction: G demands in exchange for zoning approval must have rationally related essential nexus and rough proportionality to impact

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