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- Joint tenancy allows for right of survivorship where the interest of a deceased joint tenant transfers automatically to the surviving joint tenant(s). It requires the four unities of time, title, interest, and possession. Tenancy by the entirety is a form of joint tenancy only available for married couples.
- Deeds include covenants that provide protections like warranty of title, quiet enjoyment, further assurances, and against encumbrances. Easements can be appurtenant, running with the land, or in gross and personal. They are limited to the purpose and land benefitted.
- Nuisances can be private, interfering with another's use and enjoyment of land, or public
Originalbeschreibung:
Quick reference black letter law guide for law school Property II law study or open notes exams.
Originaltitel
Black Letter Law Grid - Property Law II Study Guide - Quick Reference Law School Guide
- Joint tenancy allows for right of survivorship where the interest of a deceased joint tenant transfers automatically to the surviving joint tenant(s). It requires the four unities of time, title, interest, and possession. Tenancy by the entirety is a form of joint tenancy only available for married couples.
- Deeds include covenants that provide protections like warranty of title, quiet enjoyment, further assurances, and against encumbrances. Easements can be appurtenant, running with the land, or in gross and personal. They are limited to the purpose and land benefitted.
- Nuisances can be private, interfering with another's use and enjoyment of land, or public
Copyright:
Attribution Non-Commercial (BY-NC)
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- Joint tenancy allows for right of survivorship where the interest of a deceased joint tenant transfers automatically to the surviving joint tenant(s). It requires the four unities of time, title, interest, and possession. Tenancy by the entirety is a form of joint tenancy only available for married couples.
- Deeds include covenants that provide protections like warranty of title, quiet enjoyment, further assurances, and against encumbrances. Easements can be appurtenant, running with the land, or in gross and personal. They are limited to the purpose and land benefitted.
- Nuisances can be private, interfering with another's use and enjoyment of land, or public
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
Deed Warranties Tenancy by the Entirety Rights and Duties of Joint
Joint Tenancy Ownership -Right of Survivorship Present Covenants: -J/T for married man and woman -No duty to pay rent without ouster -Creation: -Covenant of Siesin -Right of survivorship -Duty to account for all profits directly from the -4 Unities: Time, Title, -Right to convey -Cannot be messed w/ unilaterally land (not value added by c/t) Interest, Possession -Against encumbrances -Not accessible to 1 party’s -Contribution: reimbursement for carrying -Must be express Future Covenants: ceditors costs, maintenance w/ notice -Most states req. straw -Covenant of Quiet enjoyment -If tried and done wrong=T/C -Partition: man (not FL) (no one else can claim) -Forced Sale (proportionate w/ improvement) -Severance: -Covenant of Warranty (will -In Kind (w/ Owelty) -Voluntary protect against 3rd party claims) -Mortgage -Covenant of Further Assurances -Title state– at inception (will do whatever administrative -Lien state– at foreclosure stuff to perfect title)
Scope of Easements Equitable Servitudes Covenants Common Scheme
Burden/Intensity of Use: -Allow for Injunction -Allows for Damages -Makes burden and benefit run w/ all land -Reasonably foreseeable w/ -Elements: -Elements: in area subject to common scheme (all passage of time -Written -Written members have standing) Only for Benefit of Dominant -Intent to run w/ land -Intent to run w/ land -Can only be enforced against one w/ Estate -Touch and Concern -Touch and Concern notice (can be inquiry) Termination: -Notice -Horizontal and Vertical Privity -Identification: -Abandonment (intent to abandon -Notice -Suitable number are subject to + nonuse) covenants -Purpose ends -Registration of plat as subdivision -Merger -Promotional materials -Estoppel (reverse of creating irrevocable lic.) -Prescription -Recording acts
Easements Private/Public Nuisance Termination of R. Covs and
Eq. Servs Appurtenant – Running w/ land Public: interferes w/ public right -Terms of agreement In Gross – Personal -Determination: Signif. Interference w/ public health, -Merger Types: safety, peace, comfort, convenience -Unclean Hands Prescriptive: -Standing: Must have diff. kind of injury, not just diff. -Acquiescence – personal tolerance -Continuous, open adversarial use for the degree of that type of violation statutorily prescribed duration Private: interfere w/ PL enjoy of land -Abandonment – widespread Express: -Substantial (reasonable person would consider substantial) unclean hands and acq. Drastic -Written, reservation to non-stranger ok; exception -Unreasonable change in hood not, minority: deed stranger ok -Balance harm vs. social utility -Laches – failure to timely bring Implied by Prior Use: -Greater harm than PL should bear uncompensated? complaint on specific violation -From common ownership -Cost of PL compensation won’t preclude activity -Changed Conditions – no longer -Use was in place prior to split -Can avoid harm w/o DF hardship serves intended purpose -Use was apparent -Balance suitability to locale -Relative Hardship -Use must be pretty necessary to enjoy -Remedy: Injunction or Damages based on balancing -Recording Acts Implied by Necessity: equities: -Eminent Domain -Common initial ownership -damages: high social utility, can’t prevent -Split creates the need interference -Strictly necessary to use property -injunction: harm outweighs benefits Marketable Title Caveat Emptor Recording Statutes Community Property -Title that a reasonable person would -Allows buyer rescind K/dmgs -Wild Deeds – deeds cut off from the -Both parties have a full interest in take w/o doubt -Cannot misrepresent or chain of title by a non-recorder all property acquired during Things that raise doubts: actively conceal material are not considered recorded marriage (minus gifts, -Undisclosed and unwaived encumber. defects -Race: First purchaser to record wins inheritance, profit from pre- -Chain of Title defects regardless of notice marriage property) -Government Zoning violations -Majority: must disclose -Notice: Last BFP to purchase w/o -Upon Death/Divorce each party material latent defects notice wins gets ½ interest; can will the other Must give time to cure -Some cts: off site too -Race Notice: First BFP to record w/o notice wins ONLY PROTECTS PURCHASERS FOR VALUE