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| Question | Answer |
|---|---|
| To A for so long as the premises are used as a recording studio. | A has fee simple determinable. (NY: "Fee on limitation"). O has possibility of reverter. A's estate, b/c it's defeasible, is devisible, descendible and alienable, but always subject to condition. The RAP will not apply to possibility of reverter. |
| To A, but if alcohol is ever consumed on the premises grantor reserves the right to reenter and retake. | A has a fee simple subject to condition subsequent (NY: Fee on condition). O has a right of entry (aka power of termination). |
| To A, but if alcohol is ever consumed on the premises, then to B. | A has a fee simple subject to B's SHIFTING executory interest. This would violate C/L RAP b/c when A dies B doesn't know if his title will vest w/in 21 years or at all. |
| How to tell the difference b/w a shifting executory interest and a springing executory interest? | Difference hinges on identity of the person whose estate or interest is divested. Distinction has NO LEGAL SIGNIFICANCE. Springing interest SPRINGS from O's interest. Shifting interest SHIFTS from another transferee. |
| Tenancy in Common | *Each co-tenant owns an individual part and each has a right to possess the estate[?]. ***Each interest is divisible, descendible, and alienable. NO survivorship rights b/w TICs. *Presumption favors the TIC. |
| Fixtures under Art 9 | |
| Implied covenant of quiet enjoyment | T has a right to quiet use and enjoyment of the premises w/o interference from LL. Applies to both residential and commercial leases. |
| LL wrongfully evicts T or excludes T from the premises | Breach by actual wrongful eviction. Breach of the implied covenant of quiet enjoyment. |
| Example: Every time it rains, Dido's apartment floods. | She has a claim for constructive eviction if THREE elements are met (SING): Substantial Interference (due to L's actions or failure to act); Notice; Goodbye [T must vacate w/in a reasonable time after L fails to repair the problem. |
| Is a landlord liable for the acts of other tenants? | Gen no. But two exceptions: 1)L must not permit a nuisance on site. 2)L must control common areas. |
| What is the standard for Implied warranty of habitability? | Premises must be fit for human habitation. |
| Negative easements | LASS: light, air, support, streamwater from an artificial flow. Min states add scenic view. Neg easements can ONLY BE created EXPRESSLY, by writing signed by the grantor. |
| Covenants | Note: Horizontal privity is nt require for the benefit to run. |
| Equitable servitudes | Note: privity is not require to bind successors. |
| Adverse possession | COAH: continuous, open and notorious, actual, hostile. NB: Possessor's subjective sate of ind is IRRELEVANT. |
| Adverse possession in NY | Remember COAH. In NY: Possessor must have a good faith belief that the land that he is occupying is indeed his. Eg if claimant knows he is occupying another's land, it's considered BAD faith. |
| Two implied promises in every land contract | S's promise to provide MARKETABLE TITLE at the CLOSING. S's promise not to make any false statements of material fact. |
| Implied warranties in land contracts. | CL norm is caveat emptor. No imp warranties of fitness or habitability. EXCEPTION: implied warranty of fitness and workmanlike construction applies to sale of NEW HOME by a builder-vendor. |
| O conveys to A, who does not record. Later, O conveys to B, a BFP, who records. B conveys to C who has actual knowledge of the O to A transfer. In a contest b/w A and C who wins? | One who takes from a BFP will prevail against any entity that the transferor or BFP would have prevailed against. C wins under the shelter rule. |
| Who the recording acts exist to protect? | ONLY BFPs and mortgagees. NOT judgment lien creditors. |
| To A for life, then to B's children. A is alive. B has two children, C and D. | Class CLOSES when a member can demand possession or when max mbership has been set, so that ppl born later are SHUT OUT (but child in the womb during CLOSE is part of class. Here, when A dies, C or D could dmnd possn. If B dies, class CLOSES. |
| Contingent remainder | |
| To my widow for life, then to my children for life, then to my grandchildren for life, then to my great-grandchildren for life, then to first-born-great-great-gc in fee simple. When O died, he was survived by W, a son and daughter, 5 gcs, and two ggcs. | W has life estate. Son and daughter have vested remainder. GCs, GGCs, and FBGGGC have vested remainder subject to open. |
| Joint tenancy | *Right of survivorship-when one JT dies, his share passes automatically to surviving JTs. JT's interests is alienable BUT NOT devisable or descendible b/c of right of survivorship. |
| Run w/ the land. | |
| Grandma makes out a deed to her granddaughter but grandma keeps the deed. | There's a presumption that the owner DID NOT intend to keep the deed (and hence deliver it) |
| Marketable title classic factpattern 1: Gap in title that seller cannot clear up. | Buyer not liable |
| Marketable title classic factpattern 2: Title by adverse possession. | Buyer not liable |
| Pure notice statute | ? |
| Race-notice statute | ? |
| Easement by Adverse Possession | Called "PRESCRIPTIVE EASEMENT". Same COAH elements. NY's S/L is 10 yrs. |
| Easement by necessity | Arises when seller conveys land which has no outlet to a public road except over the remaining estate of the seller, in which case a right-of-way is created by implied grant. Barbri |
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mdiaz367