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Property mnemonics
Professor Brown's Property law Spring 1L
| Term | Definition |
|---|---|
| Types of Notice to real Property buyer | CIA (Constructive, Inquiry, Actual) |
| Elements of Real Covenants | PINTS (Privity of estate, Intent by original contracting parties that covenant attach to land & run to future assignees(horizontal privity) Notice (CIA), Touch and concern the land in question, S |
| Fee Simple Estates are | SAD (Subject to a condition subsequent, Absolute, Determinable) |
| Magic words that indicate Fee Simple Subject to Condition Subsequent | BOP you on the head. ("But", if liquor is ever sold..., "On condition that" the land is used only for residential purposes..., "Provided" the land is not used for commercial purposes...) |
| Magic words that indicate Fee Simple Determinable | are SUDs of time duration ("So long as" liquor is never sold..., "Until" the land is not used for religious purposes..., "During" this period, the land is used only for residential purposes) |
| Joint Tenancies require Unity of | PITT (Possession, Interest, Time, Title) |
| Freehold estates are | LEFTS (LE-Life Estates, FT-Fee Tails, S-fee Simple(SAD)) |
| 3 types of fee Simple estates are | SAD(fs Subject to a condition subsequent, fs Absolute, fs Determinable) |
| Defeats a tenancy by the entirety | 4-D's: Death of one spouse ; Debtor(if 1 spouse becomes one in bankruptcy); Dual transfer of TE; Divorce, or annulment |
| PINTS | Privity, Intent, Notice, Touch & concern, Statute of frauds |
| Pints come in | CANS: imposed by Common owner to protect lands retained, covenants agreed to by Adjoining landowners, imposed for the benefit of Neighboring lands, to carry out a common plan or Scheme |
| BOP | But, On condition that, Provided |
| SUD | So long as, Until, During |
| A ___ partitions realty | COW: Court, Oral agreement by 100% o co-tenants, Written agreement signed by 100% |
| A broker earns a commission when he procures a ____ buyer | RAW: Ready, Able, Willing |
| ____ _____ are in warranty deeds | SEC FEW: covenant of- Seisin, against Encumbrances, of right to Convey, of Further assurances, of quiet Enjoyment, of Warranty |
| ____ establishes Adverse Possession | EUNUCH: Exclusive possession, owner Under no disability, Notorious (& open), Under a good faith claim of right(in some states), Continuous, Hostile |
| Negative easements are limited to | LAWS: Light, Air, Water, Support |
| __ create easements | PIGS: Prescription, Implication, Grant, Strict necessity |
| Implied easements need to find a | CRAB: both dominant/servient estates were formerly owned by Common owner, Reasonably necessary, use of easement was plainly&physically Apparent, former use subordinated one part of the land to Benefit the other part |
| _ __ will extinguish an easement | A FRAME: Abandonment, Forecosure of a mortgage recorded before the easement, signed writing Releasing easement, Adverse possession preventing use of easement, Merger by common ownership of Dom. /serv. Estaes, Eminent Domain |
Created by:
Cam.kollar