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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
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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
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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
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3. Servitudes
- Easements
- Licenses
- Profits
- Covenants
- Equitable servitudes
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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
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3b. Licence
- No writing required
- Freely revocable
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3c. Profits
- Privilege to enter and remove resources
- PING creation
- ENDCRAMP termination
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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
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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
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4. Land Conveyancing
- a. Land contracts
- b. Deeds
- c. Covenants for title
- d. Recording statutes
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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
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4b. Deeds
- Requires LED
- - Lawful Execution: writing, signed by S, reasonable ID parties and land
- - Delivery
- - Acceptance is presumed
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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
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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
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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
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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
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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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