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MBE-Property

# 773125

QuestionAnswer
equitable conversion (侵占)
Voluntary (Affirmative) Waste The tenant intentionally or negligently damages the premises or exploits minerals on the property
Permissive Waste The tenant fails to take reasonable steps to protect the premises from damage from the elements.
Ameliorative Waste The tenant alters the leased property, thereby increasing its value.
Equitable Servitude an equitable servitudes is a covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant.
Easement An Easement holder has the right to use another's tract of land for a special purpose, but has no right to possess or enjoy that land. An easement is presumed to be of perpetual duration unless the grant specifically limits the interest.
What's the difference between Sublease and Assignment? A Complete Transfer of the entire remaining term is an assignment. For Bar Exam purposes, a transfer will be considered a sublease, rather than an assignment, only when the original tenant reserves time for herself.
Affirmative Easement Holder is entitled to make affirmative use of the servant tenement
Negative Easement Generally confined to only four types of easements: 1. for lights 2. for lateral and subjacent support 3. for air 4. for flow of an artificial stream
Easement Appurtenant Benefits the holder in his physical use or enjoyment of another tract of land
Easement in Gross The holder acquires a right to use the servant tenement independent of his possession of another tract of land. ie: the easement benefits the holder rather than another parcel.
Estates in Land Present possessory estates Future Interests
Present Possessory estates Fee Simple Absolute; Defeasible Fees; Fee Tail; Life Estate; Estate for years, Periodic Estate, Estate at will, Tenancy at Sufferance
"To A & his heirs…", presumed in the absence of express contrary intent Fee Simple Absolute
Defeasible Fees Fee simple estates that can be terminated upon the happening of a stated event
Defeasible Fees Classification Fee Simple Determinable (and possibility of reverter); Fee Simple Subject to Condition Subsequent (and Right of Entry); Fee Simple subject to an Executory Interest
"To A & his heirs for so long as… / until… / while… / during…" Fee Simple Determinable
"To A & his heirs, but if… / upon condition that … / provided that …" Fee Simple subject to condition subsequent
"To A & his heirs for so long as …, and if not …, to B" Fee Simple Subject to an Executory Interest
"To A & the heirs of his body" Fee Tail
"To A for life," OR "To A for the life of B" / "To A for life, then to B" / "To A for life, but if …, to B" Life Estate (may be defeasible)
Estates in Land Present possessory estates Future Interests
Future Interest Reversionary interest - future interests in transferor, remainders, executory interests, class gifts
Reversionary interests possibility of reverter, rights of entry, reversions
Remainders Indefeasibly Vested Remainder, Vested Remainder Subject to Total Divestment, Vested Remainder Subject to Open, Contingent Remainder
Executory Interests Shifting Executory Interest, Springing Executory Interest
"To A for life, then to B" Indefeasibly Vested Remainder
"To A for life, and on A's death, to B; but if B predeceases A, then to C" Vested Remainder Subject to Total Divestment
"To A for life, then to A's children in equal shares" Vested Remainder Subject to Open
"To A for life, then to B if B marries C" OR "To A for life, then to A's surviving Children." Contingent Remainder
"To A for life, remainder to B and her heirs; but if B predeceases A, then to C and his heirs." Shifting Executory Interest
"To A when and if he becomes a doctor" OR "To A for life, then two years after A's death, to B" Springing Executory Interest
What is the condition to end easement by merger? for there to be a merger which will extinguish an easement, each of the two parcels must be owned in exactly the same manner.
to A for so long as no liquor is consumed on the premises, then to B Void. An executory interest that follows a defeasible fee violates the Rule Against Perpetuities, and the executory interest is stricken.
to A for as long as no liquor is consumed on the premises, then to B B's interest would be stricken, A would have a fee simple determinable, and O would have a possibility of reverter.
to A, but if liquor is ever consumed on the premises, then to B B's interest and the condition are stricken, and A has a fee simple absolute.
to A for life, then to A's widow for life, then to A's surviving issue in fee. In the absence of a statute to the contrary, the gift to A's issue is invalid because A's widow might be a spouse who was not in being when the interest was created.
to A for life, then to A's widow for life, then to A's children. Valid, because, unlike issue, they would be determined at A's death
To A for life, then to A's children for their lives; and upon the death of the last survivor, to B. Valid, B's interest is vested
To A for life, then to A's children for their lives; and upon the death of the last survivor, to A's grandchildren. Void. A may have child after this interest is created, so she could have grandchildren beyond the perpetuities period.
To B for life, remainder to those of B's siblings who reach age 21. Valid. B's parents can be used as measuring live.
To A for life, then to such of A's children who attain age 25. Void. Age contingency beyond age 21 in an open class.
To XYZ Orphanage for so long as it is used to house orphans; if it ceases to be so used, then to the American Red Cross. Valid. This falls within the charity-to-charity exception
To Amnesty International for so long as the premises are used for Amnesty International purposes; when they cease to be so used, then to Jane Webb. Void. This gift passes from a charity to a private person and so does not fall within the charity-to-charity exception.
To A for life, and on his death to his wife, W, for life; upon W's death, to A's children then living. Valid. No unborn widow problem because the gift is to W, a life in being.
To A for life, then to his widow for life, then to A's surviving descendants. Void. Unborn widow problem
To A for life, then to B; but if at her death B is not survived by children, then to C. Valid. B is the measuring life.
To A for life, then to A's children for their lives, then to A's grandchildren in fee. A is 80 years old and has had a complete hysterectomy. Fertile octogenarian problem.
To A, but if alcohol is served on the premises during Z's lifetime or within 21 years of Z's death, to B. Valid, B's interest will vest, if at all, within a life in being plus 21 years.
To A, but if alcohol is ever served on the premises, then to B. Void. Future interest following a defeasible fee.
Trust income to Polo Club. At the death of the survivor of A, B, C, D and E (all babies born on this date at Obie Hospital), the trust will terminate and the corpus will be distributed to Z, his heirs, successors, or assigns. Valid. Saving clause.
The residue of my estate to my descendants who are living when my estate is distributed. Void. Administrative contingency problem
To A for life, then to A's children for their lives, then to B if B is then living, and if B is not then living, to C. Valid. B is the measuring life. B's and C's interests will vest or fail within B's lifetime.
To B for life, then to such of B's children who become lawyers. Void. B may have a child born after the disposition who becomes a lawyer more than 21 years after B's death
Right of holder of an Easement The holder of an easement has the right to use the tract of land for a special purpose, but has no right to possess or enjoy the land
Real covenant rights A real covenant is a promise to de, or refrain from doing, something on one's property that one would otherwise be privileged to do.
Right of a Leasehold A leasehold is a possessory interest in land; so the developer would be giving up her right to possess the land.
Right of Personal Contract The right to use the land will terminate if the seller dies or sells the land
Easement Appurtenant 从属地役权 为使用土地的方便而存在的,从属于另一更高级的权利,且不能与其依附的需役地分离而独立存在的一种无形权利。 通常指地役权从属于土地所有权。
Easement in gross 人役权 非附属于土地的地役权 指为某人而非特定土地之便利而存在的地役权,是该人在他人土地上的权益,或使用他人土地的权利。它并不以需役地的存在为前提,其用益权人实际也通常并不拥有与供役地相毗邻的土地。
Easements by necessity Easements by necessity arise only when the owner of a single tract sells a portion of the tract that has no access to a public road or utility line.
Doctrine of equitable conversion: in the period of escrow, buyer is considered to be the owner of the property, buyer bears the risk of loss if the property is damaged.
subject to when a mortgagor transfers title to another, and the transferee takes 'subject to' the mortgage, that means that the transferee 受让人 will not be liable to the mortgagee on the promise underlying the mortgage.
Created by: 18688099288