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112 Cards in this Set
- Front
- Back
Present Possessory Estates: |
• Language: "To A"; "To A and His Heirs" |
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Present Possessory Estates: |
• Language: "To A and the heirs of his body" |
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Present Possessory Estates: |
• Language: "To A so long as …" "To A until" "To A while" |
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Present Possessory Estates: |
• Language: "To A, but if X event happens, grantor reserves the right to reenter and retake" (Grantor must carve out right of reentry) |
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Present Possessory Estates: |
• Language: "To A, but if X event occurs, then to B" |
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Present Possessory Estates: |
• Language: "To A for life"; "To A for the life of B" |
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Present Possessory Estates: |
• Life tenant must pay property taxes on life estate. |
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Present Possessory Estates: |
Affirmative (voluntary waste) - natural resources: may not consume unless: |
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Present Posessory Estates Life Estates: Permissive Waste and Ameliorative Waste |
Tenant can't allow P to fall into disrepair |
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Future Interests: Reversion & Right of Entry |
Reversion --> grantor grants less than they have; does not have to be express ("To A for life") -- alienable, devisable, inheritable -- already vested, no worries with RAP
Right of Entry --> created only by fee simple subject to condition subsequent |
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Future Interests: |
Def: future interest in 3rd person that can become possessory on the natural expiration of preceding estate created in the same conveyance (usually life estate or term of years) |
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Future Interests: |
Created in existing & ascertained person & not subject to condition precedent (not subject to divestment or diminuition).
Remainderman has right to immediate possession of estate upon normal termination of preceding estate
• Language: "A for life, remainder to B", A & B still alive |
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Future Interests: |
Created in a class (children) that is certain to become possessory but subject to diminution by birth of new class members (more kids) • Language: A conveyes "To B for life, then to children of C" where B&C are both living. C's child D has vested reminder subject to open. |
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Future Interests: |
Vested remainder, subject to a condition subsequent. Ex: A to "B for life, then to C, but if C dies unmarried, then to D." C has vested remainder subject to complete divestment by D's executory interest. •Comma rule: if conditional language follows language that taken alone & set off by commas would created a vested remainder, you have a condition subsequent. |
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Future Interests: |
Created in an unborn/unascertained person OR subject to a condition precedent 1. Condition Precedent --> A to B for life, then to C if C marries D. C's remainder is contingent upon marrying D 2. Unascertained person: "A for life, then to B's kids" -- if B has no kids, remainder is contingent
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Rule of destructability of contingent remainders (Part 1) |
CL: contingent remainder destroyed if failed to vest at end of preceding estate. Ex: To B for life, then to C if she reaches age 21. If B dies before C reaches age 21, C’s remainder is destroyed.
Modern: C's interest wold be converted to executory interest upon B's death, because it will divest A's reversionary estate when C turns 21.
Doctrine of Merger: If one person has all present and future interests, they merge and destroy future contingent remainders.
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Rule of destructability Part 2 |
Rule in Shelley's case: ("A for life, then on A's death, to A's heirs", A is alive) i. CL: remainder not recognized; present and future interests merge giving A a fee simple absolute
Doctrine of Worthier Title: ("B for life, then to A's heirs") --> remainder in grantor's heirs is invalid and becomes reversion in grantor (B has life estate, A has reversion). |
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Future Interests: |
A future interest created in a 3rd party that isn't a remainder bc it cuts short an interest in another person (shifting executory interest) or in the grantor or his heirs (springing executory interest). SUBJECT TO RAP b/c not vested
Springing: cuts short grantor's interest Doesn't violate RAP bc B is the life in interest (we'll know by the end of B's life if the condition is met).
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RAP General Info |
No interest in property is valid unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. If there is a possibility that it will vest more than 21 years after a life in being, it is invalid.
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RAP Steps for Bar Exam |
Period begins to run: Wills (at death); Deeds (delivery); Irrevocable trust (creation) Step 1: Does RAP apply to future interest at issue? Look for: contingent remainders, executory interests and vested remainders subject to open |
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RAP: |
1. Age contingency beyond age 21 in open class ("to A for life, then to those of A's children who attain 25") (some states enacted reforms that reduce these ages to 21)
2. Unborn widow or widower -- since a person's widow is not determined until his death, it may turn out to be someone who was not alive at time of disposition.
3. Administrative contingency --> "to my issue surviving at the distribution of my estate" No, b/c it's possible that estate won't be administered within 21 years
4. Options and rights of first refusal -- won't work if it might be exercised later then 21 years. (Does not apply to options to purchase held by lessee)
5. Executory Interest following a defeasible fee ("to A for so long as no liquor is consumed on the premises, then to B")
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RAP: |
Main Rule: "Bad as to one, bad as to all" - class must either close or all conditions precedent must be satisfied or it violates RAP
Gift to subclass exception - "Income to A for life, then to A’s children for their lives, then to A’s children’s issue." --> each subclass gets evaluated separately. Here, A's kids living at time of the disposition are good, but gifts to after born issue of children of A violate the Rule.
Per capita gift exception - can evaluate each member individually if the gift is a fixed amount - ie, "1k to each of my great-grandchildren" |
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Rule against restraints on alienation: |
GR: Any restriction on the transferability of a legal (not equitable) interest is void. 3 Types: 1. Disablity restraints, under which attempted transfers are ineffective (void on any type of legal interest) |
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Rule against restraints on alienation: |
• All absolute restraints on fee simple estates are void. Grantee can freely transfer |
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Rule against restraints on alienation:
Restraints on a life estate |
• Forfeiture and promissory restraints on a life estate are valid. Disabling restraints are not |
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Rule against restraints on alienation: |
• Forfeiture restraints on transferability of future interests |
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Concurrent Estates: |
Distinguishing feature: Rt of Survivorship --> When 1 dies the share goes to the survivor - not descendable or divisable |
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Concurrent Estates: |
• If grantor wanted to give himself a JT with someone, had to use a straw man
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Concurrent Estates: |
Ways a JT can be severed:
2. Mortgage --> only destroys JT if mortgage is foreclosed and property sold. 4. Murder -- some states place constructive trust on one JT's interests where she murders the other 5. Partition |
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Concurrent Estates: |
• 3 methods: |
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Concurrent Estates: |
• Recognized in 21 states, it is a marital estate with RT of S. CL -- presumptive in any conveyance to married people. Severs: by agreement, death, divorce, or execution by joint creditor. -- Mortgage/Deed by one ineffective |
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Concurrent Estates: |
Concurrent estate with NO survivorship 3 features: 1. Each co-tenant owns: individual part and each has a right to the whole |
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Concurrent Estates: |
1. Right to possession of the whole, no right to exclusion of any part ("ouster"). --> Co-tenant cannot sue for possession unless ousted. 2. Each has right to retain profits from OWN use but must share net rents from 3Ps and net profits from exploitation (mining) 3. Each may encumber own interest; in JT, lender runs risk that obligor will die before foreclosure, thereby extinguishing lender's interest. 4. Partition -- any co-tenant can seek judicial partition 5. Repairs -- you pay more than pro rata share, get contribution (only if others had notice) 6. No right of contribution for improvements 7. Contribution for mortgage & taxes, but if sole possessor, only to extent exceed FMV for rent |
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Landlord/Tenant: |
Fixed Duration: start and end are fixed. 1. Creation: Oral or written; SOF if > 1 year 2. Automatic Termination at fixed time 3. CL: LL could not sue to collect rent not due yet 4. Modern: anticipatory repudiation damages ok (LL can evict non payer and sue for all rent) |
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Landlord/Tenant: |
1. No ascertainable termination date. 2. Keeps renewing in successive intervals 3 Creation by: creates mo to mo tenancy. |
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Landlord/Tenant: |
1. No fixed term. Terminable at any time by T or L 2. Express creation or court will see it as periodic tenancy 3. Terminated -- Notice (modern at least 30 days); OR by operation of law (death, waste) Note: If LL has the express right in the lease, then both parties have it. If tenant only has right to terminate, then ONLY the tenant has it. |
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Landlord/Tenant: |
• Creation: when a tenant wrongfully remains in possession after the expiration of a lawful tenancy |
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Landlord/Tenant: |
• If the tenant continues in possession after his right to possession has ended, the landlord may: -- but if LL tells T rent will increase at end of lease, T acquieses simply by holding over. |
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Landlord/Tenant: |
T must not commit waste (voluntary, permissive or ameliorative (liable for restoration)) -- Modern: fixing up OK if long term & reflects changes in neighborhood
T has duty to repair ordinary wear & tear but not structural (unless expressly included)
If P destroyed, neither has to repair but T has to keep paying rent
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Landlord/Tenant Law of Fixtures |
T cannot remove fixture even if she installed it or she commits voluntary waste.
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Landlord/Tenant: |
• T is responsible for keeping premises in reasonably good repair |
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Landlord/Tenant: |
If leasehold ends before end of lease, T has to pay proportional amount of rent and LL cannot keep security deposit beyond damages actually suffered. If T surrenders property, duty to pay rent ends. |
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Landlord/Tenant Landlord Remedies for T breaches |
1. T on premises & fails to pay rent: CL $ only; Modern: terminate under unlawful detainer statute. 2. T abandons: LL must mitigate (try to relet), then get difference ($) NOTE: LL can only evict through courts or continue relationship & sue for rent (NO SELF HELP) |
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Landlord/Tenant: |
• Majority rule: LL must put tenant in physical possession of premises. If LL fails to put tenant in possession (ie, a holdover), LL has breached & tenant gets damages. |
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Landlord/Tenant: |
• Tenant has a right to quiet use & enjoyment of premises w/o interference from LL or paramount title holder (bank, etc). Violated where: 1. Actual eviction -- T no longer has to pay rent 2. Partial eviction -- T can't go in parts of P then won't pay full rent 3. Constructive eviction: 3 parts a. Substantial interference due to LL's actions or failure to act, |
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Landlord/Tenant: |
• Only applies to residential leases & is non-waivable -- Based on housing codes (what meets basic needs -- heat, plumbing, etc)
T's remedies: may move out, repair deficiency & deduct from rent, reduce/withhold rent until court determines fair value (may have to put in escrow), OR remain & pay rent & sue for damages |
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Landlord/Tenant: |
• If T reports LL for housing code violations, LL can't penalize tenant by evicting T, raising rent, etc.
Presumptive if happens w/in say 90-180 days of report; LL must show valid reason then. |
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Landlord/Tenant: |
GR: Absent express restriction, T can transfer her leasehold interest -- full interest = "assignment" 1. Assignee stands in T's shoes; A and LL are in privity of estate 1. Assignee and landlord are in privity of estate & each is liable for all covenants in the lease that run with the land (covenants that run with the land if original parties so intend and covenant touches and concerns the land)
Note: Original T & LL are in privity of K, and T will be secondarily liable to LL.
Ex: T1 assigns to T2, T2 assigns to T3, LL and T3 are in privity of estate, LL and T1 are in privity of K, T2 and LL aren't in any privity |
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Landlord/Tenant: BAR: transfer is sublease only when original T reserves time for herself .. last month) |
1. Sublessee is not personally liable to LL for rent or any covenants in the main lease unless the sublessee expressly assumes the covenants |
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Landlord/Tenant:
Covenants against assignment or sublease |
• Lease covenants restricting assignment and sublease are strictly construed against the landlord (a covenant prohibiting assignment does not prohibit subleasing, e.g.)
• Waiver: a valid covenant against assignment is considered waived if the landlord was aware of the assignment and did not object • Transfer in violation of lease: transfer is not void, but landlord usually may terminate the lease OR sue for damages |
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Landlord/Tenant: |
• Landlord may assign the rents and reversion interest he owns. T consent is not required |
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Landlord/Tenant: MODERN: General Duty of Reasonable Care (repair if know, if after lease, no duty) |
• CL, LL had no duty to make premises safe. Today, six exceptions: 3. Common areas:must maintain common areas 4. Furnished short-term residence: stricter duty, liable for injuries resulting from any defect whether or not he knew of the defect |
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Rights in the Land of Another |
Def: a nonpossessory interest in land that creates a right to use land owned by another. Creation: 1. Express Grant: must be in writing (SOF) 2. Express Reservation: G grants land but holds right to continue using some part for special purpose (must meet SOF) 3. Implication (exception to SOF) a. Existing use: prior to div. of one tract, apparent and continuous use, reasonably necessary for enjoyment/use of dominant part, court agrees intended to continue after div. b. In subdivision, all can use roads to reach lot c. Profit a prendre -- you can pass onto land to get product (mining, etc) d. Necessity: ie, after div. someone can't access utilities, road, etc. e. Prescription: basically adverse possession |
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Servitudes: |
• Easement that benefits the holder rather than a parcel of land; only 1 parcel of land is involved (the servient tenement) |
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Servitudes: |
1. Express Grant: same formal requirements as a deed, namely, signature of the grantor and description, easements for more than 1 year requires writing (SoF) |
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Servitudes Easements Characteristics: Affirmative or Negatives |
1. Affirmative = holder entitled to use the servient tenement (some part of it)
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Servitudes Easements Types of Easements |
1. Easement appurtenant to land -- when it benefits the holder in his physical use of enjoyment or another tract of land (passes w/ transfer of the benefitted land; transfers with servient too, unless purchaser bona fide w/ no notice)
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Servitudes: |
• Absent specific agreement, an easement is assumed to be intended to meet both present and future needs (can widen it to accommodate new, wider cars, etc), but if dominant tenement owner buys an adjacent parcel of land, can't expand easement use to accommodate this |
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Servitudes: |
1. Stated conditions: original grant may say when it ends 2. Unity of ownership: same person owns both tracts & at later separation no revival 3. Release: by deed from owner of the easement to owner of servient estate 4. Abandonment physical action demonstrates intent to abandon 5. Estoppel: Reasonable reliance by owner of servient estate on oral representations or conduct by easement owner 6. Necessity: created by necessity end as soon as the necessity ends |
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Servitudes: |
• Licenses privilege their holders to go upon the land of another but does not create an interest in land |
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Servitudes: |
• Entitle the holder to take some resources from the servient estate |
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Servitudes: |
Def: written promise to do/not do something related to the land; Differs from equitable servitude: if P seeks money damages, construe as covenant. If P seeks injunction, construe as equitable servitude
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Servitudes: |
• Always do burden analysis first |
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Servitudes: |
• Does covenant's benefit run from B to B1? ("WITV") |
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Servitudes: |
• Promises to pay money to be used in connection with the land = run with the land |
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Servitudes: |
• Definition: a promise that equity enforces against the assignees of the burdened land who have notice of the covenant
A single promise can create both ES and RC |
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Servitudes: |
• Creation: "WITNES" |
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Servitudes: |
• Common scheme doctrine: (recriprocal negative covenants) 2. Scheme may be evidenced by: a. recorded plat b. general pattern of restrictions c. oral representations to early buyers Notice: Actual notice: literal knowledge of promises in prior deeds |
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Servitudes: |
• Requirements for burden to run: |
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Servitudes: |
• Unclean hands (violating a similar restriction on his own land) |
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Servitudes: |
1. Written release |
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Adverse possession |
3 Requirements: 1. Physical = "actual, open, notorious." 2. Mental = Hostile -- (enters w/out permission, believes true owner,
Before statutory period runs, true owner can eject and seek rent as damages. After, adverse possessor is the owner. The END. |
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Land Conveyance: |
• 4 Elements to meet SOF: |
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Land Conveyance: |
Once K is signed, equity regards buyer as owner w/ seller's interest = personal property but may possess until closing.
Majority: Property involuntarily destroyed before closing = risk on buyer if property destroyed before closing (buyer gets insurance proceeds if seller receives them though)
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Land Conveyance:
The Land Contract: Marketable title |
• Land Ks contain implied warranty for marketable title (need not be perfect, but free of unreasonable risk of litigation) |
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Land Conveyance: |
• Time of marketability |
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Land Conveyance: |
• Presumption that time is NOT of the essence unless otherwise stated; must be tendered (e.g. 2 months) in a reasonable time after closing date |
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Land Conveyance: |
• Buyer's obligation to pay & seller's obligation to convey are concurrent conditions; thus, neither breaches until the other tenders performance, even if closing date has passed. If neither tenders, closing date is extended until one does -- No need to tender if the other party has repudiated the K or it is impossible (e.g., unmarketable title that cannot be cured) for the other party to perform California Bar Tutors (2014-08-19). 2014 California Bar Exam Total Preparation Book (Kindle Locations 3527-3528). . Kindle Edition. |
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Conveyance: |
• Nonbreaching party can get damages (diff b/w K price and FMV on date of breach, plus incidentals) or specific performance |
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Conveyances Seller's Liabilities for Defective Property |
1. Warranty of Fitness or Quality: most cts recognize for new house (build) 2. Sale of existing land/buildings, may be liable for defects like leaks, termites, etc under: a. Misrepresentation: knew and lied b. Active concealment c. Failure to disclose: knew, buyer not likely to find, buyer not likely to buy if knew d. Negligence: against builder
NOTE: General disclaimer "as is" not overcome fraud, concealment or failed to disclose |
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Land Conveyance: |
• 3 Requirements: |
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Land Conveyance: |
• Void deeds (forced, never delivered or obtained by fraud) automatically set aside by court even if property has passed to a BFP |
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Land Conveyance: |
Deed is not effective unless it has been delivered and accepted. Deed to dead person = invalid! Delivery = grantor's intention to make a deed presently effective even if possession is delayed. -- really look at INTENT: recording, physical act, -- PE can be used to show intent, but not conditional delivery Title passes on Delivery (no renege) - No oral conditions on delivery |
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Land Conveyance: |
• Contains no covenants, grantor isn't even promising he has title to convey. |
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Recording Systems Meant to protect BFPs from secret interests previously granted |
• O conveys to A, then later conveys to B a BFP. Two types of recording systems: -- KEY: BFP had no actual/constructive notice 3. Pure Race -- 1st recorder wins! |
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Recording Systems: |
• Two requirements: |
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Recording Systems: |
1. Shelter Rule: One who takes from a BFP will prevail against anyone the BFP would have prevailed against (even if 2nd BFP knew) 4. Unacknolwedged Instrument: NO GOOD |
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Security Interests in Land Types |
1. Mortgage ( debtor/lender)-- foreclosure by judicial foreclosure sale 2. Deed of Trust (debtor = notemaker) = deed of trust to 3p trustee, connected to lender -- foreclosure by sale 3. Installment Land K: only get title when full $ is paid off; forfeiture/repossession on default 4. Absolute Deed: equitable mortgage 5. Sale-Leaseback: sell and lease back (like a mortgage basically) |
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Mortgages: |
• Definition: an exchange of a loan for a deed |
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Mortgages: |
Transfer of Mortgage w/out Note: most states say transfer of mortgage = transfer of note; some say w/out note, transfer of mortgage void
Transfer of Note w/out Mortgage: mortgage automatically follows unless mortgagee expressly reserves mortgage
May be transferred by: endorsing and transferring (only way for transferee to become holder in due course) OR by separate assignment |
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Mortgages: |
A grantee of mortgaged property takes subject to mortgage.
Assumption: by writing, grantee agrees to be primarily liable to lender; if no assumption, original mortgagor remains liable, but loan may be foreclosed (wipes out grantee's interests)
"Due on Sale" clause: Lender can demand full payment of the loan if the mortgagor transfers any interest in the property without the lender's consent |
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Mortgages: |
1. Theories of Title: mortgagee may have a right to take possession before foreclosure, depending on the theory the state follows
2. Consent & abandonment: mortgagee may take possession if the mortgagor gives consent to do so, or if the mortgagor abandons the property 4. Receiverships: Most mortgagees attempt to intercept the rents before foreclosure by getting a receiver appointed by the court to manage the property. California Bar Tutors (2014-08-19). 2014 California Bar Exam Total Preparation Book (Kindle Locations 3756-3757). . Kindle Edition. |
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Mortgages: |
• Court-enforced judicial action, land is sold & proceeds go to debt in this order: |
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Security Interests in Land Mortgages Purchase Money Mortgage |
A mortgage given in exchange for funds used to purchase the property. PMMs have priority over non-PMMs executed at about the same time even if the non-PMM was recorded first.
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Security Interests in Land Installment Land Contracts |
Most installment Ks provide for forfeiture rather than foreclosure as the vendor's remedy but to avoid such harsh results courts may: 1. Equity of Redemption: Several states give the contract purchaser a grace period to pay the accelerated full balance of the contract and keep the land after default 2. Restitution: Some courts grant forfeiture but require vendor to refund the purchaser any amount by which his payments exceed the vendor's damages 3. Treat as mortgage and require judicial foreclosure sale 4. Waiver: A vendor's pattern of accepting late payments may constitute a waiver of the right of strict performance. Reinstate strict performance by sending notice ELECTION of remedies -- pick one, forego all else |
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Rights Incidental To Ownership of Land (Natural Rights)
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GR: An owner of real property has the exclusive right to use and possess the surface, the airspace, and the soil of the property.
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Rights Incidental To Ownership of Land Rights to Lateral and Subjacent Support of Land |
Lateral Support: Ownership of land includes the right to have the land supported in its natural state by adjoining land 1. A landowner is strictly liable if his excavation causes adjacent land to subside (slip or cavein) 2. Strictly liable for damage to buildings caused by excavation only if it is shown that the land would have collapsed in its natural state; otherwise, liable for such damage only if his excavation was done negligently
Subjacent Support: An underground occupant of land (a mining company) must support the existing surface and buildings. Negligence for damage to subsequently erected buildings.
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Water: Basics |
All water use in CA must be for beneficial purposes and by reasonable method of use.
Natural use (consumption, gardening) prevail over artificial use (manufacturing) |
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Rights Incidental To Ownership of Land Water Rights Watercourses (Streams, Rivers, and Lakes)
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Two major theories:
1. Riparian (traditional): H20 goes to owner of land bordering watercourse a. Natural Flow Theory: --> can enjoin riparian owner who overuses it or really changes it b. Most common view --> all riparians share; reasonable use; only enjoin if really hurts 1. Consider: alteration of flow; purpose of use; pollution; extent of use; destination of water taken; and miscellaneous conduct
2. Prior Appropriation Doctrine -- rights by use; appropriative rights by priority of use. |
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Rights Incidental To Ownership of Land Water Rights Ground Water (Percolating Water) (underground water recovered from wells) |
2014 CA passed new law regulating use of groundwater (2020 start)
CA: Correlative Rights Doctrine Owners of overlying land own H20 as joint tenants, & each can use reasonable amount for own use. Does not matter who was there first. Other Theories: 1. Absolute Ownership Doctrine -- owner can take all H20 she wants 2. Reasonable Use Doctrine (25 states) -- like absolute ownership, but export only if does not harm other users 3. Appropriative Rights Doctrine (some western states) -- Priority of use is determinative |
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Rights Incidental To Ownership of Land Water Rights Surface Waters (Rainfall, seepage) |
Can use surface water on your property for any purpose you want. Liability usually arises from change of natural flow by dikes, drains, etc and depends on theory of the state: 1. Natural Flow Theory (1/2 states) -- Owners cannot alter natural drainage patterns (reasonable changes ok) 2. Common Enemy Theory (most other states) -- can take any protective measures to get rid of the water (but don't ruin other people's lands doing it) 3. Reasonable Use -- growing trend. Balancing utility of use with gravity of harm NOTE: this relates to redirecting water. Owners can capture it as they want. |
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Rights Incidental To Ownership of Land Airspace Rights |
Not exclusive but entitled to freedom from excessive noise |
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Rights Incidental To Ownership of Land Right to Exclude: Remedies of Possessor |
Possessor has the right to exclude others. Remedies include actions for: 1. Trespass 2. Private nuisance (invasion by intangibles) 3. Continuing trespass (repeated invasions) 4. Ejectment/unlawful detainer -- can be joined with $ damages |
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Cooperatives, Condominiums, and Zoning Cooperatives |
In a cooperative, title to the land and buildings is held by a corporation that leases individual apartments to its shareholders. Individual owners are regarded as tenants so direct restraint of alienation of an individual interest is valid. |
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Cooperatives, Condominiums, and Zoning CONDOS |
In a condominium, each owner owns the interior of his individual unit plus an undivided interest in the exterior and common areas. Treated like a fee simple so ordinary rules against restraints on alienation apply. |
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Cooperatives, Condominiums, and Zoning Zoning |
State may enact statutes to reasonably control the use of land for the protection of the health, safety, morals, and welfare of its citizens. (Police Power) Terms: 1. Non-conforming use: Used existed pre-zoning. Can continue at least for a while, but no right to rebuild. 2. Special Use Permit: Even though zoning is right, must still get special use permit (hospitals, funeral homes) 3. Variance: departure from zoning rules by administrative action (must show hardship; can't harm neighborhood; use variances disliked) Zoning must be reasonable, not discriminatory, etc. |
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Zoning and "Takings" |
Is it a taking?
1. Can landowner still get reasonable return on investment? 2. Balance out public benefit v. private harm
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I. Estates In Land A. Rule Against Alienation: GR |
GR: Any restriction on the transferability of a legal (not equitable) interest is void
Absolute Restraints On Fee Simple Are Void: Unless restraints imposed for limited time/ a reasonable purpose.
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I. Estates In Land A. Rule Against Alienation: Valid Restraints |
Forfeiture restraints on Life Estates Forfeiture restraints on transferability of future interests Reasonable restrictions on commercial transactions Rights of first refusal Restrictions on assignment and sublease
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Eminent Domain |
When government takes title to property without true owner's consent.
5th & 14th A = private property can be taken for public use if owner given compensation. |
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Problems Arising PRIOR to closing (K principles) Formation Issues |
Problems arising before will deal with K principles like formation, performance and breach.
Formation: SOF: writing, signed, essential terms. Part Performance: by purchaser, will validate oral K (actions prove K existed and/or purchaser relied to her detriment) |
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Recording Act CL: First in time, first in right |
CL: O gives Blackacre to A by valid deed. Then O gave deed to B. A owns because got it first. Recording Acts try to make it more fair for B. |