Barbri Review
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| show | "To A and his heirs";
"To A"
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| Summary of freehold estates- Fee simple absolute; Duration | show 🗑
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| Summary of freehold estates- Fee simple absolute; Transferability | show 🗑
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| Summary of freehold estates- Fee simple absolute; Future interest | show 🗑
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| Summary of freehold estates- Fee tail; Language to create | show 🗑
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| show | Lasts only as long as there are lineal blood descendants of grantee
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| show | Passes automatically to grantee's lineal descendants
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| Summary of freehold estates- Fee tail; Future interest | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple determinable: Language to create | show 🗑
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| show | Potentially infinite, so long as event does not occur
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| show | Alienable, devisable, descendible, subject to condition
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| Summary of freehold estates- Defeasible fees; Fee simple determinable: Future interest | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple subject to condition subsequent: Language to create | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple subject to condition subsequent: Duration | show 🗑
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| show | Alienable, devisable, descendible, subject to condition
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| show | Right of entry/Power of termination (held by grantor)
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| Summary of freehold estates- Defeasible fees; Fee simple subject to an executor limitation: Language to create | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple subject to condition subsequent: Duration | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple subject to condition subsequent: Transferability | show 🗑
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| Summary of freehold estates- Defeasible fees; Fee simple subject to condition subsequent: Future interest | show 🗑
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| Summary of freehold estates- Life estate; Language to create | show 🗑
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| show | Measure by life of transferee or by some other life (pur autre vie)
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| show | Alienable, devisable, and descendible if PUR AUTRE VIE and measuring life is still alibe
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| Summary of freehold estates- Life estate; Future interest | show 🗑
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| show | 1. Fee simple absolute,
2. Fee tail,
3. Defeasible fees (of where there are three species),
4. Life estate
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| Four categories of freehold estates- KNOW FOR BAR | show 🗑
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| Fee simple absolute | show 🗑
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| Fee simple absolute- Distinguishing characteristics | show 🗑
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| show | NOTHING, only A has absolute ownership;
This leads us to Bruce Willis rule of property- "A living person has no heirs";
Thus, while A is alive, he only has prospective heirs so they are powerless
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| show | Virtually abolished in U.S. today, never tested;
Would pass directly to grantees lineal blood descendants NO MATTER WHAT;
Today, attempted creation of fee tail creates instead FEE SIMPLE ABSOLUTE
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| show | Yes;
In O, the grantor, it was called reversion;
In third party, it was called remainder
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| show | Grantor must use CLEAR DURATIONAL LANGUAGE;
If the stated condition is violated, forfeiture is automatic
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| Defeasible fees- Fee simple determinable; Distinguishing characteristics | show 🗑
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| show | Fee simple determinable
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| Defeasible fees- Fee simple determinable; Ringo conveys to M, who seeks to convert recording studio into bowl-a-rama. May Mick do so? | show 🗑
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| Defeasible fees- Fee simple determinable; Mick Jagger rule of property | show 🗑
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| show | It is possibility of reverter in the grantor
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| Defeasible fees- Fee simple determinable; Frank Sinatra conveys P to Orville so long as popcorn is never made on premises. Classify the interest- | show 🗑
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| show | Grantor must use clear durational language AND carve out the right to re-enter
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| show | Rachel: Fee simple subject to conditions subsequent
Ross: Right of entry (power of termination)
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| show | This estate is NOT automatically terminated, but if can be cut short AT GRANTOR'S OPTION, if stated condition occurs
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| Defeasible fees- Fee simple subject to condition subsequent; Accompanying future interest: "My prerogative" | show 🗑
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| Defeasible fees- Fee simple to executory limitation; To Barry Manilow, but if Manilow ever performs music on premises, then to Mandy | show 🗑
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| Defeasible fees- Fee simple to executory limitation; Distinguishing characteristics | show 🗑
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| show | Shifting executory interest
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| Defeasible fees- Rules of construction; Words of mere desire, hope, or intention | show 🗑
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| show | In each of these instances, A is vested with fee simple absolute, and NOT defasible fee
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| Defeasible fees- Rules of construction; Absolute restraints on alienation | show 🗑
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| show | Absolute restraint on alienation that is void;
A: Fee simple absolute,
O: Nothing
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| show | A: Fee simple determinable,
O: Possibility of reverter;
Here, restraint is linked to reasonable, time limited purpose, thus it is GOOD (not absolute restraint, just tempered)
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| show | This is an estate that must be measure in explicit life time terms, and NEVER in terms of years;
Romantic estate- "Love you for all the days of my life", NOT in terms of years
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| Life estate- O conveys, to A for life | show 🗑
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| show | A life estate measure by a life other than the grantees
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| show | Madonna: Life estate pur autrie vie,
O: Reversion (At end of David Letterman's life, the estate reverts back to O or O's heirs)
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| show | David: Life estate pur autrie vie,
O: Reversion (At the end of Madonna's life, estate reverts back to O or O's heirs)
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| show | Life tenant entitlement are rooted in important doctrine of WASTE
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| Life estate- Distinguishing characteristics of life estate; Life tenant entitled to- | show 🗑
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| Life estate- Distinguishing characteristics of life estate; Life tenant must not- | show 🗑
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| show | Overt conduct causing a drop in value
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| show | Life tenant must not consume or exploit natural resources on property (such as timber/oil/minerals), unless one of four exceptions [PURGE]
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| show | Prior use, meaning that prior to grant, the land was used for exploitation ;
Life tenant may continue to exploit, unless otherwise agreed;
Prior Use and Open Mines Doctrine- Limited to mines already open so life tenant must not open any new mines
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| show | Repairs;
Life tenant may consume natural resources for repairs and maintenance
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| Life estate- Distinguishing characteristics of life estate; Three species of waste: Voluntary or affirmative waste, Voluntary waste and natural resources G exception | show 🗑
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| show | Exploitation;
Land suitable only to exploit
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| show | When land is allowed to fall into disrepair;
Practice or pattern of neglect
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| Life estate- Distinguishing characteristics of life estate; Three species of waste: Permissive waste or neglect, Permissive waste and obligation to repair | show 🗑
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| Life estate- Distinguishing characteristics of life estate; Three species of waste: Permissive waste or neglect, Permissive waste and the obligation to pay all ordinary taxes | show 🗑
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| Life estate- Distinguishing characteristics of life estate; Three species of waste: Ameliorative waste | show 🗑
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| show | If held by O, the grantor, it is called a reversion;
If held by third party, it is a remainder
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| Future interests- Future interests capable of creation in the grantor; Possibility of reverter | show 🗑
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| Future interests- Future interests capable of creation in the grantor; Right of entry, also known as power of termination | show 🗑
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| Future interests- Future interests capable of creation in the grantor; Reversion | show 🗑
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| show | She has reversion
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| show | She has reversion
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| show | Remember that fee simple absolute can endure forever;
O has reversion
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| Future interests- Future interests in transferees; Vested remainder | show 🗑
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| Future interests- Future interests in transferees; Contingent remainder | show 🗑
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| show | 1. Shifting executory interest,
2. Springing executory interest
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| show | 1. Must distinguish vested remainder (of which there are three kinds), from contingent remainders,
2. Must distinguish three kinds of vested remainders form each other,
3. Must distinguish all remainders from executory interests
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| Future interests- Future interests in transferees; Vested remainder v. Contingent remainders: What is a remainder? | show 🗑
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| show | Never travels alone so always accompanies a preceding estate of KNOWN FIXED DURATION;
Preceding estate is usually a lief estate or term of years
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| show | Never follows defeasible fee (only preceding estates of known fixed duration);
Cannot cut short/divest a prior transferee;
Present estate is defeasible fee, future interest NOT remainder;
Instead, xecutory interest if held by someone other than grantor
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| show | If it is BOTH created in an ascertained person and is not subject to any condition precedent
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| show | If it is created in an unascertained person or is subject to condition precedent or both
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| Future interests- Future interests in transferees; Remainders are vested or contingent: Remainder is contingent b/c it is created in as yet unborn or unascertained persons | show 🗑
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| show | A condition is condition precedent when it appears BEFORE the language creating remainder or is woven into grant to remainderman
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| show | B: Contingent remainder,
O: Reversion (If B never graduates, O or O's heirs);
If B graduates from college during A's lifetimes, B's contingent remainder transformed automatically to indefeasibly vested remainder
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| show | B: Contingent remainder,
O: Reversion (If B never reaches 21, estate reverts back to O and O's heirs);
If B attains age of 21 during A's lifetime, B contingent remainder is transferred automatically to indefeasibly vested remainder
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| Future interests- Future interests in transferees; Remainders are vested or contingent: Contingent remainders and rule of destructibility of contingent remainders | show 🗑
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| Future interests- Future interests in transferees; Remainders are vested or contingent: Contingent remainders and rule of destructibility of contingent remainders, "To A for life, and B reach 21 to B" A died leaving behind B who is 19- Common law | show 🗑
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| show | Has been abolished;
So, if B is still under 21 when A dies, hold the estate subject to B's springing executory interest. Once B 21, B takes
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| Future interests- Future interests in transferees; Remainders are vested or contingent: Contingent remainders and "Shelley" Rule, Common law | show 🗑
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| show | Virtually abolished;
When O conveys To A for life, then to A's heirs, A has life estate and O has reversion (since A could die without heirs)
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| show | Vialbe;
Applies when O, who is alive, tries to create future interest in his heirs (unknown)
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| show | If Doctrine did not apply, A has life estate, and O's heirs have contingent remainder since O is still alive and living person has no heirs
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| Future interests- Future interests in transferees; Remainders are vested or contingent: Contingent remainders and Doctrine of Wortheir Title (Rule against remainder in grantor's heirs)- Void | show 🗑
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| show | Grantor's intent controls;
If grantor clearly intends to create a contingent remainder in his heirs, grantor's intent is binding
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| show | Holder of this remainder is certain to acquire an estate in future with, no conditions attached
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| show | A: Life estate,
B: Indefeasibly vested remainder;
What if B predeceases A? At common law, B's future interest passes by will or intestacy
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| show | Remainderman exists, taking is not subject to any condition precedent;
However, right to possession could be cut short because of condition subsequent;
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| show | When conditional language in a transfer follows language that, taken alone and set off by commas, would create vested remainder, the condition is a condition subsequent, and you have vested remainder subject to complete defeasance
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| show | By contrast, if conditional language appears before language creating the remainder, condition is a condition precedent, and you have a contingent remainder
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| show | Remainder vested in group of takers, at least one of whom is qualified to take;
But each class member's share is subject to partial diminution b/c additional takers can still join in
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| show | C and D: Vested remainders subject to open
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| show | Open: If others can still join,
Closed: When no others can join
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| show | Class closes whenever any member can demand possession;
Setting bright line- Once A dies, unborn children shut out;
Womb rule: Child in womb shares
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| show | Future interest created in transferee (third party), which is not remainder and which takes effect by either cutting short some interest in another person (shifting) or in grantor or his heirs (springing)
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| show | It always follows defeasible fee and cuts short someone other than grantor;
Violate rule against perpetuities?
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| Future interests- Future interests in transferees; Remainders v. Executory interest: Springing executory interest | show 🗑
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| Rule Against Perpetuities (RAP)- The Rule | show 🗑
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| show | RAP potentially applies only to contingent remainders, executory interests and certain vested remainder subject to open
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| show | 1. Future interest in O,
2. Indefeasibily vested remainders,
3. Vested remainders subject to complete defeasance
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| show | What has to happen for future interest holder to take
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| Rule Against Perpetuities (RAP)- 4 step technique for assessing potential RAP problems; 3. Find measuring life | show 🗑
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| show | Know with certainty, within 21 years of death of measuring life, if our future interest holder(s) can or cannot take? If so, good, if not future interest void;
Preceding conveyance, therefore
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| show | Presumes anything is possible;
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| show | Presumes that a person is fertile no matter his/her age
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| show | A gift to an open class conditioned on members surviving to age beyond 21 violates CL;
To be valid, it must be shown that the condition precedent to every class members taking will occur within the perpetuitites period
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| Rule Against Perpetuities (RAP)- Common law; "Bad as to one, bad as to all": Disposition vesting too remotely | show 🗑
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| show | Many violate RAP;
An executory interest with no limit on the time within which it must vest violates the RAP
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| Rule Against Perpetuities (RAP)- Common law; Shifting executory interest: Charity-to-charity exception | show 🗑
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| show | Majority;
Validity of any suspect future interest is determined on basis of facts as they now exist, at the end of the measuring life;
Eliminates the "what if" or "anything is possible" line of inquiry
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| Rule Against Perpetuities (RAP)- Reform of the RAP; Uniform Statutory Rule Against Perpetuities (USRAP) | show 🗑
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| Rule Against Perpetuities (RAP)- Reform of the RAP; Both "Wait to see" and USRAP embrace: Cy Pres Doctrine | show 🗑
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| Rule Against Perpetuities (RAP)- Reform of the RAP; Both "Wait to see" and USRAP embrace: Reduction of any offensive age contingency to 21 years | show 🗑
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| show | 1. Joint tenancy,
2. Tenancy by entirety (A marital interest b/w married partners with right of survivorship),
3. Tenancy in common (Two or more own with NO right to survivorship)
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| Concurrent Estates- Concurrent ownership; Joint tenancy | show 🗑
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| show | 1. Right to survivorship (when one joint tenant dies his right goes automatically to the surviving tenants),
2. Joint tenant's interest is alienable it is NOT devisible or descindible b/c right of survivorship
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| show | Joint tenants must take their interest-
T: At the same TIME
T: By the same TITLE (in same instrument)
I: With IDENTICAL interest
P: Rights to POSSESS the whole
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Creation, Grantor must clearly express right of survivorship | show 🗑
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| show | "Strawman"= middle man to create joint tenancy
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance, Severance and sale | show 🗑
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance, Doctrine of Equitable Conversion (equity regards as done that without out to be done) | show 🗑
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| show | "A peaceful way to end the relationship"
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance and partition, Partition in kind | show 🗑
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance and partition, Forced sale | show 🗑
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance and mortgage | show 🗑
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| Concurrent Estates- Concurrent ownership; Joint tenancy: Severance and mortgage, Majority | show 🗑
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| Concurrent Estates- Concurrent ownership; Tenancy by the entirety: Creating | show 🗑
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| Concurrent Estates- Concurrent ownership; Tenancy by the entirety: Very protected, Creditors | show 🗑
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| Concurrent Estates- Concurrent ownership; Tenancy by the entirety: Very protected, Unilateral conveyance | show 🗑
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| show | 1. Each co-tenant owners an individual part, and each has right to possess the whole,
2. Each interest is divisible, discendible, and alienable (no surviroship rights),
3. Presumption favors tenancy in common
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| Concurrent Estates- Concurrent ownership; Tenancy in common: Rights and duties of co-tenants, Possession | show 🗑
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| show | Absent ouster, a co-tenant in exclusive possession is not liable to the others for rent
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| show | A co-tenant who leases all or part of the premises to a third party must account to his co-tenants providing them their fair share of the rent income
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| Concurrent Estates- Concurrent ownership; Tenancy in common: Rights and duties of co-tenants, Adverse possession | show 🗑
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| show | Each co-tenant is responsible for his/her fair share of carrying costs(such as taxes and mortgage interest payments), based upon his undivided share
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| Concurrent Estates- Concurrent ownership; Tenancy in common: Rights and duties of co-tenants, Repair | show 🗑
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| Concurrent Estates- Concurrent ownership; Tenancy in common: Rights and duties of co-tenants, Improvements | show 🗑
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| Concurrent Estates- Concurrent ownership; Tenancy in common: Rights and duties of co-tenants, Waste | show 🗑
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| show | A joint tenant or tenant in common has right to bring an action for partition
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| show | Lease for a fixed period of time;
When know of termination date from start, you have the tenancy for years;
No notice needed to terminate;
Term of years greater than 1 year must be in writing b/c SoF
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| Landlord/Tenant- Four leasehold or non-freehold estates; Periodic tenancy | show 🗑
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| show | 1. Land leased w/no mention of duration, but provision is made for payment of rent at sent intervals;
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| Landlord/Tenant- Four leasehold or non-freehold estates; Periodic tenancy: Arise from implication by- Oral terms of years | show 🗑
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| Landlord/Tenant- Four leasehold or non-freehold estates; Periodic tenancy: Arise from implication by- Holdover | show 🗑
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| show | By private agreement, parties may lengthen or shorten common law prescribed notice provisions (freedom of K);
Periodic tenancy must end at conclusion of a natural lease period
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| Landlord/Tenant- Four leasehold or non-freehold estates; Tenancy at will | show 🗑
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| Landlord/Tenant- Four leasehold or non-freehold estates; Tenancy at sufferance | show 🗑
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| show | T responsible for keeping premises in reasonably good repair;
T liable for injuries sustained by 3rd parties T invited, even where L expressly promised to make all repairs
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| Landlord/Tenant- Tenant's duties; T's duty to repair (when lease is silent): Standard | show 🗑
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| show | 2. Not commit waste-
a. Voluntary,
b. Permissive,
c. Ameliorative
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| Landlord/Tenant- Tenant's duties; T's duty to repair (when lease is silent): Law of fixtures | show 🗑
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| Landlord/Tenant- Tenant's duties; T's duty to repair (when lease is silent): Law of fixtures, Tenant installation | show 🗑
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| show | At common law historically T liable for any loss to the property, including loss due to force of nature
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| Landlord/Tenant- Tenant's duties; T's duty to repair (Express covenanted in lease to maintain property in good condition for duration of lease): Majority | show 🗑
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| Landlord/Tenant- Tenant's duties; T's duty to pay rent: T breach and in possession of premises | show 🗑
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| Landlord/Tenant- Tenant's duties; T's duty to pay rent: T breach duty but is out of possession (SIR), Surrender | show 🗑
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| show | Hold T responsible for unpaid rent, just as if T were still there;
Option available only in a minority of states
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| Landlord/Tenant- Tenant's duties; T's duty to pay rent: T breach duty but is out of possession (SIR), Re-let premises on wrongdoer tenant's behalf | show 🗑
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| show | Requires that L put T in physical possession of premises;
If at start of T's lease a prior holdover T is still in physical possession of premises L has breached and new T gets damages
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| show | Applies to both residential and commercial leases;
T has right to quite use and enjoyment of premises, w/o interference from L
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| Landlord/Tenant- Landlord's duties; Implied covenant of quiet enjoyment: Breach by actual wrongful eviction | show 🗑
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| show | 1. Substantial interference (due to L's actions or failures, chronic problem),
2. Notice (must tell L of problem and L fails to act meaningfully),
3. Goodbye (T must get out/vacate w/in reasonable time after L fails to fix problem)
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| Landlord/Tenant- Landlord's duties; Implied covenant of quiet enjoyment: Breach of constructive eviction (SING), L liable for acts of other tenants | show 🗑
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| show | Obliges L to deliver legal possession, but not actual possession
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| Landlord/Tenant- Landlord's duties; Implied warranty of habitability | show 🗑
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| show | Premises must be fit for basic human dwelling (bare living requirements met);
May be supplied by case law or housing codes;
Sorts of problem to trigger breach include: No- heat in winter, running water, plumbing
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| Landlord/Tenant- Landlord's duties; Implied warranty of habitability: T's entitlements when breached (MRRR) | show 🗑
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| Landlord/Tenant- Landlord's duties; Implied warranty of habitability: T's entitlements when breached (MRRR), Move | show 🗑
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| show | Allowable by statute in a growing number of jurisdiction;
T may make reasonable repairs and deduct their cost from future rent
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| Landlord/Tenant- Landlord's duties; Implied warranty of habitability: T's entitlements when breached (MRRR), Reduce | show 🗑
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| Landlord/Tenant- Landlord's duties; Implied warranty of habitability: T's entitlements when breached (MRRR), Remain | show 🗑
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| show | If T lawfully reports L for housing code violation, L barred from penalizing T by, for example, raising rent/ending lease/harassing T/other reprisals
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| Landlord/Tenant- Assignment v. Sublease | show 🗑
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| show | L/T2 in privity of estate= liable to each other for original lease covenants running w/land;
L/T2 not in privity of K unless T2 assumes all promises in original lease;
L/T1 no longer in privity of estate, but remain in privity of K (secondarily liable)
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| show | L and sublessee in neither privity of estate nor privity of K;
T2 liable to T1 and vice versa (relationship between sublessee and subleasor)
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| show | Let T be ware;
L under NO duty to make premises safe
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| Landlord/Tenant- Landlord's tort liability; Common law exceptions (CLAPS): Common areas | show 🗑
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| show | L must WARN T of hidden defects that L knows or should know about;
Merely a duty to warn, no duty to repair
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| show | L who voluntarily makes repairs must complete them with reasonable care;
This includes repairs made by others
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| Landlord/Tenant- Landlord's tort liability; Common law exceptions (CLAPS): Public use rule | show 🗑
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| Landlord/Tenant- Landlord's tort liability; Common law exceptions (CLAPS): Short term lease of furnished dwelling | show 🗑
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| show | 1. Prescription,
2. Implication,
3. Necessity,
4. Grant
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||||
| show | Easement appurtenant is transferred automatically with dominant tenement;
Easement in gross for commercial purposes is assignable
🗑
|
||||
| Servitude- Summary; Affirmative easements: Remedy | show 🗑
|
||||
| Servitude- Summary; Affirmative easements: Form of servitude | show 🗑
|
||||
| show | Writing signed by grantor
🗑
|
||||
| Servitudes- Summary; Negative easements: Creation | show 🗑
|
||||
| show | ...
🗑
|
||||
| Servitudes- Summary; Negative easements: Remedy | show 🗑
|
||||
| Servitudes- Summary; Real covenants: Creation | show 🗑
|
||||
| Servitudes- Summary; Real covenants: Parties bound, Burden | show 🗑
|
||||
| show | Benefit of promise will run to successor of benefited lot is WITV-
1. Writing,
2. Intent,
3. Touch and concern,
4. Vertical privity
🗑
|
||||
| Servitudes- Summary; Real covenants: Remedy | show 🗑
|
||||
| Servitudes- Summary; Equitable servitude: Creation | show 🗑
|
||||
| Servitudes- Summary; Equitable servitude: Parties bound | show 🗑
|
||||
| Servitudes- Summary; Equitable servitude: Remedy | show 🗑
|
||||
| Servitudes- Summary; Reciprocal negative servitude (general scheme doctrine): Creation, Majority | show 🗑
|
||||
| Servitudes- Summary; Reciprocal negative servitude (general scheme doctrine): Creation, Minority | show 🗑
|
||||
| Servitude- Summary; Reciprocal negative servitude (general scheme doctrine): Parties bound | show 🗑
|
||||
| show | Injunction
🗑
|
||||
| Servitudes- Easements; Defined | show 🗑
|
||||
| show | Affirmative: Right to do something on servient land;
Negative: Entitled holder to prevent servient land from doing something that would otherwise be permissible
🗑
|
||||
| show | L: Light,
A: Air,
S: Support,
S: Stream water artificial flow;
Minority view also recognizes R: Right to scenic view;
Only created expressly, by writing, signed by grantor (not natural or automatic)
🗑
|
||||
| show | Appurtenant: Benefits holder in physical use or enjoyment of property (it takes 2);
In gross: Confers upon holder only some personal/pecuniary advantage not related to use or enjoyment of land (servient land burdened, no benefit/dominant tenement, only 1
🗑
|
||||
| Servitudes- Easements; Transferability: Appurtenant easement | show 🗑
|
||||
| show | Not transferable unless it is for commercial purposes;
Only one parcel is involved (servient land)
🗑
|
||||
| show | P: Prescription (lease common)
I: Implication,
N: Necessity,
G: Grant (most common)
🗑
|
||||
| show | An easement may be acquired by satisfying the elements of-
C: Continuous use for statutory period,
O: Open and notorious use,
A: Actual use,
H: Hostile use (w/o servient owners consent);
Permission defeats acquisition, requires use be hostile
🗑
|
||||
| Servitudes- Easements; Creation of affirmative easement (PING): By implication (easement implied from existing use) | show 🗑
|
||||
| Servitudes- Easements; Creation of affirmative easement (PING): By necessity | show 🗑
|
||||
| show | An easement to endure for more than 1 yr must be in writing that complies with formal elements of deed;
B/c of SoF;
Writing evidence easement is called deed of easement
🗑
|
||||
| Servitudes- Easements; Scope of easement determined by- | show 🗑
|
||||
| Servitudes- Easements; Termination of an easement (END CRAMP): Estoppel | show 🗑
|
||||
| show | Easement created by necessity expire as soon as that need ends;
However, if easement, attributable to necessity, was nonetheless created by express grant it won't end automatically when need ends
🗑
|
||||
| show | Ends easement, other than through willful conduct of servient owner
🗑
|
||||
| show | By eminent domain ends the easement
🗑
|
||||
| show | Written release, given by owner to servient owner
🗑
|
||||
| Servitudes- Easements; Termination of an easement (END CRAMP): Abandonment | show 🗑
|
||||
| show | Easement extinguished when title to easement and title to servient land becomes vested in same person;
If complete unity of title achieved, easement is extinguished, even though may be later separation of title easement not revived
🗑
|
||||
| show | Servient owner may extinguish easement by interfering with it in accordance with elements of adverse possession;
Remember COAH
🗑
|
||||
| show | Mere privilege to enter another's land for some delineated purpose
🗑
|
||||
| show | Statute of frauds;
Thus, do not need a writing to create a license
🗑
|
||||
| Servitudes- License; Licenses are freely revocable | show 🗑
|
||||
| Servitudes- License; Classic license cases | show 🗑
|
||||
| show | Entitles holder to enter servient land and take from it soil or minerals within soil such as timber, minerals, or oil
🗑
|
||||
| show | Same as easements
🗑
|
||||
| show | Promise to do or not do something related to land;
It is unlike easement b/c it is not grant of property interest, but rather contractual agreement or promise regarding land
🗑
|
||||
| show | Covenants can be negative;
Promise to refrain from doing something related to land
🗑
|
||||
| show | Promise to do something related to land
🗑
|
||||
| Servitudes- Covenant; Covenant v. equitable servitude | show 🗑
|
||||
| show | One tract is burdened by promise and another is benefits;
🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Burden (WITHIN) | show 🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Burden (WITHIN), Writing | show 🗑
|
||||
| show | Original parties intended that the covenant would run;
Cts are generous in finding requisite intent
🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Burden (WITHIN), Touches and concerns the land | show 🗑
|
||||
| show | Nexus b/w original parties;
Requires that they be in succession of estate, meaning they were in a grantor/ee, landlord/tenant, mortgagor/ee relationship;
(Likely sticking point);
Usu. on bar as consequence of parties grantee/or relationship
🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Burden (WITHIN), Horizontal and vertical privity- Vertical | show 🗑
|
||||
| show | Successor had notice of promise when took land
🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Benefit (WITV) | show 🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Benefit (WITV), Writing | show 🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Benefit (WITV), Intent | show 🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Benefit (WITV), Touch and concern | show 🗑
|
||||
| Servitudes- Covenant; Covenant parlance capable of binding successors (run w/land): Benefit (WITV), Vertical privity | show 🗑
|
||||
| show | Equitable servitude is promise that equity will enforce against successors who had notice of the promise;
It is accompanied by injunctive relief
🗑
|
||||
| show | 1. Writing,
2. Intent,
3. Touch and concern,
4. Notice;
Privity not required
🗑
|
||||
| show | Generally, original promise was in writing;
Not always
🗑
|
||||
| Servitudes- Equitable servitude; Bind successors (WITNES), Intent | show 🗑
|
||||
| show | Parties affects the parties as land owners
🗑
|
||||
| Servitudes- Equitable servitude; Bind successors (WITNES), Notice | show 🗑
|
||||
| Servitudes- Equitable servitude; Implied equitable servitude: General and common scheme doctrine | show 🗑
|
||||
| Servitudes- Equitable servitude; Implied equitable servitude: General and common scheme doctrine, Fact pattern | show 🗑
|
||||
| Servitudes- Equitable servitude; Implied equitable servitude: General and common scheme doctrine, Defendant lotholder (AIR) | show 🗑
|
||||
| show | Changed circumstances alleged by party seeking release from the terms of an equitable servitude must be so pervasive that entire area has changed;
Mere pockets of limited change are never good enough
🗑
|
||||
| Adverse Possession- Basic concept | show 🗑
|
||||
| show | 1. Continuous,
2. Open and notorious,
3. Actual,
4. Hostile;
State of mind irrelevant
🗑
|
||||
| show | Uninterrupted for statutory period
🗑
|
||||
| Adverse Possession- Elements; Open and notorious | show 🗑
|
||||
| show | Entry must be literal;
Won't allow for symbolic form of entry (no declaration of intent manifested by letter)
🗑
|
||||
| Adverse Possession- Elements; Hostile | show 🗑
|
||||
| show | One adverse possessor may tack on to his time with land his predecessor's time, so long as there is privity, which is satisfied by any non-hostile nexus, such as blood/K/deed/will;
NOT allowed when there has been an ouster
🗑
|
||||
| Adverse Possession- Disabilities | show 🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Every conveyance of real estate consists of two-step process | show 🗑
|
||||
| show | Must be in writing, signed by the party to be bound (by D, charged), describing blackacre, and stating some consideration
🗑
|
||||
| show | Remedy- Specific performance with pro rata reduction in price
🗑
|
||||
| show | Doctrine of Part Performance (equity intervenes for oral K):
1. Takes possession,
2. Remits all or part of price,
3. Makes substantial improvements;
Must have 2 of 3
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: Land K, Risk of loss | show 🗑
|
||||
| show | If in interim b/w K and closing, Blackacre destroyed through no fault of either party B bears risk of loss unless K says otherwise
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: Land K, Implied promises- Marketable title | show 🗑
|
||||
| show | 1. Adverse possession,
2. Encumbrances,
3. Zoning violation
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: Land K, Implied promises- Unmarketable title, Adverse possession | show 🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: Land K, Implied promises- Unmarketable title, Encumbrances | show 🗑
|
||||
| show | Umarketable when blackacre violates zoning ordinance;
Only violation of zoning ordinance
🗑
|
||||
| show | Seller promises not to make any false statements of material facts
🗑
|
||||
| show | States now hold seller liable for failure to disclose latent material defects;
Example: Material lies and material omissions
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: Land K, Implied promises- False statements of material facts, General disclaimer of liability | show 🗑
|
||||
| show | "Caveat emptor": Buyer be ware
🗑
|
||||
| show | Implied warranty of fitness and workmanlike construction applies to sale of new home by a builder/vendor
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing | show 🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing, How deed passes legal title (LEAD) | show 🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing, How deed passes legal title (LEAD)- Lawful execution of deed | show 🗑
|
||||
| show | Satisfied when grantor physically or manually transfers the deed to the grantee;
Permissible to use mail, agent, or messenger
🗑
|
||||
| show | Not require actual physical transfer of instrument itself;
Test of present intent: Did grantor have present intent to be bound irrespective of whether or not deed was handed over
🗑
|
||||
| show | Defeats delivery
🗑
|
||||
| show | If a deed, absolute on its face, is transferred to grantee with an oral condition drops out (not provable) and delivery is done
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing, How deed passes legal title (LEAD)- Delivery requirement by escrow | show 🗑
|
||||
| show | If grantor dies or becomes incompetent or is otherwise unavailable before express conditions are met title still passes from escrow agent to grantee
🗑
|
||||
| show | It contains no covenants;
Grantor isn't even promising has title to convey;
This is worst deed buyer could hope for;
Grantor did implicitly promise in the land K to provide marketable title AT CLOSING, but any problems post closing seller off hook
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing, Covenants for title and types of deed- General warranty deed | show 🗑
|
||||
| show | SOL for breach of present covenant begin to run instant of delivery;
Covenant-
1. Of seisin (promise own estate),
2. Of right to convey (power to transfer, no temporary restraint on alienation/disability),
3. Against encumbrances (no servitudes/liens)
🗑
|
||||
| Land Conveyance- The purchase and sale of real estate; Two-step process: The closing, Covenants for title and types of deed- General warranty deed future covenants | show 🗑
|
||||
| show | Statute in many states, deed contains promises grantor makes ONLY ON BEHALF OF HIMSELF-
1. Grantor promises no conveyed blackacre to anyone but grantee, or
2. Blackacre free from encumbrances made by grantor;
No representation on behalf of predecessors
🗑
|
||||
| show | If B is bona fide purchaser, and we in a NOTICE jurisdiction, B wins regardless whether or not she records before A does
🗑
|
||||
| The Recording System- Rules; Race-notice jurisdiction | show 🗑
|
||||
| The Recording System- Recording acts | show 🗑
|
||||
| show | One who-
1. Buys blackacre for value, and
2. Without notice that someone else got there first
🗑
|
||||
| show | Remits substantial pecuniary consideration then buyer of value
🗑
|
||||
| show | O conveys blackacre to A. Later, O conveys blackacre, the same parcel, to B. O double dealer, skipped town. Battle of A v. B. Who wins? Notice v. race-notice
🗑
|
||||
| show | Prior to B's closing, B learns of A
🗑
|
||||
| The Recording System- Forms of notice (AIR); Inquiry notice (constructive): Exam of blackacre | show 🗑
|
||||
| The Recording System- Forms of notice (AIR); Inquiry notice (constructive): Reference to unrecorded transaction | show 🗑
|
||||
| show | B is on recorded notice of A's deed if at the time B takes A's deed was recorded properly
🗑
|
||||
| show | Recording statutes do not protect donees, heirs, devisees, unless shelter rule applies
🗑
|
||||
| show | A conveyance of an interest in land (O to A) shall not be valid against any subsequent purchaser for value (B), w/o notice thereof, unless the conveyance is recorded (A)
🗑
|
||||
| The Recording System- Recording statutes; Race-notice statute | show 🗑
|
||||
| show | B must-
1. Bona fide purchaser, and
2. Win the race to record
🗑
|
||||
| The Recording System- Recording statutes; Notice statute: Bona fide purchaser | show 🗑
|
||||
| show | One who takes from BFP will prevail against any entity that transferor/BFP would have prevailed against;
Transferee "takes shelter" in status of her transferor, thereby steps into shoes of BFP even though fails to meet requirements
🗑
|
||||
| show | If deed, entered on the records (A to B), has a grantor unconnected to chain of title (O to A), the deed is wild deed;
It is incapable of giving record notice of its existence
🗑
|
||||
| show | One who conveys realty in which he has no interest is estopped from denying the validity of that conveyance if he later acquires that previously transferred interest
🗑
|
||||
| show | Conveyance of security interest in land, intended by parties to be collateral for the repayment of a debt
🗑
|
||||
| show | Union of two elements-
1. Debt, and
2. Voluntary lien in debtors land to secure debt;
Debtor: Mortgagor,Creditor: Mortgagee
🗑
|
||||
| Mortgages- Creating; Legal mortgage | show 🗑
|
||||
| Mortgages- Equitable | show 🗑
|
||||
| show | Unless and until foreclosure, debtor/mortgagor has title and right to possess;
Creditor/mortgagee has a lien
🗑
|
||||
| show | Mortgage automatically follows properly transferred note
🗑
|
||||
| show | Endorse and deliver note to transferred
🗑
|
||||
| Mortgages- Transfer parties interests; Creditor/mortgagor can transfer interest by: Executing separate doc of assignment | show 🗑
|
||||
| Mortgages- Transfer parties interests; Creditor/mortgagor can transfer interest by: Executing separate doc of assignment, Personal defenses | show 🗑
|
||||
| Mortgages- Transfer parties interests; Creditor/mortgagor can transfer interest by: Executing separate doc of assignment, Real defenses (MAD FIFIIII) | show 🗑
|
||||
| show | 1. Note must be negotiable (made payable to name mortgagee),
2. Original note must be indorsed, signed by mortgagee,
3. Original note must be delivered to transferee (photocopy unacceptable)
🗑
|
||||
| Mortgages- Transfer parties interests; Creditor/mortgagor can transfer interest by: Executing separate doc of assignment, Criteria- | show 🗑
|
||||
| show | Recording statutes protect mortgagees;
If O, our debtor/mortgage, sells Blackacre, which is now mortgaged;
Lien remains on land if properly recorded;
All recording statutes apply to mortgages as well as deeds so later buyer takes subject to recorded li
🗑
|
||||
| show | Buyer takes subject to lien b/c buyer has record notice of it;
If jurisdiction matters, Buyer wins if BFP when took and prior grantee or mortgagee has not yet recorded
🗑
|
||||
| Mortgages- Transfer parties interests; Debtor/mortgagor: Race-notice state | show 🗑
|
||||
| show | O, debtor/mortgage, sells Blackacre to B;
🗑
|
||||
| Mortgages- Transfer parties interests; Personal liability of debt: Subject to mortgage | show 🗑
|
||||
| Mortgages- Transfer parties interests; Personal liability of debt: Assumed mortgage | show 🗑
|
||||
| show | Mortgagee must foreclose by proper judicial action
At foreclosure, land is sold;
Sale proceed go to satisfying debt
🗑
|
||||
| show | Mortgagee brings deficiency judgment against debtor
🗑
|
||||
| Mortgages- Foreclosure; Proceeds more than amount owed (surplus) | show 🗑
|
||||
| Mortgages- Effect of foreclosure on various interests; Terminate interests | show 🗑
|
||||
| show | Interests subordinate to those of foreclosing party are necessary parties to foreclosure action
🗑
|
||||
| show | Debtor/mortgagor considered a necessary party and must be joined, particularly if creditor wishes to proceed against debtor for personal deficiency judgment
🗑
|
||||
| show | Results in preservation of party's claim, despite foreclosure and sale;
If necessary party not joined, his mortgage remains on the land
🗑
|
||||
| Mortgages- Effect of foreclosure on various interests; Senior interest | show 🗑
|
||||
| show | Must record;
Until properly record mortgage you have no priority
🗑
|
||||
| show | Priority determined by norm of first in time, first in right
🗑
|
||||
| show | A mortgage give to secure a loan that enables debtor to acquire encumbered land
🗑
|
||||
| Mortgages- Priorities; Purchase money mortgagee's superpriority | show 🗑
|
||||
| show | Are allowed;
Senior creditor may agree to subordinate its priority to a junior creditor;
Allow private sidebar arrangements
🗑
|
||||
| Mortgages- Redemption; In equity | show 🗑
|
||||
| show | Once taken place the right to equitable redemption is gone
🗑
|
||||
| Mortgages- Redemption; In equity: How exercised? | show 🗑
|
||||
| Mortgages- Redemption; In equity: Acceleration clause | show 🗑
|
||||
| Mortgages- Redemption; In equity: Waiver | show 🗑
|
||||
| Mortgages- Redemption; Statutory redemption | show 🗑
|
||||
| show | After foreclosure;
Amount to be paid usu. foreclosure sale price rather than original debt
🗑
|
||||
| show | Possess Blackacre during statutory period
🗑
|
||||
| Mortgages- Redemption; Statutory redemption: Mortgagor redeems effect is | show 🗑
|
||||
| show | Improved by building and adjacent landowner's excavation causes improved land to cave in, excavator liable only if negligent
🗑
|
||||
| show | Does not attach to excavator's actions unless P shows that b/c D's actions P improved lands would have collapsed, even in its natural state;
P must show improvements did not contribute to land collapse
🗑
|
||||
| show | Water belongs to those who own land ordering watering course;
People are known riparians, who share right of reasonable use of water;
One riparian liable if his/her use unreasonably interferes with others use
🗑
|
||||
| Water Rights- Allocation of water in water courses (streams, rivers, lakes); Prior appropriation doctrine | show 🗑
|
||||
| Water Rights- Allocation of water in water courses (streams, rivers, lakes); Prior appropriation doctrine: Rights determined by | show 🗑
|
||||
| show | Water beneath surface of earth that is not confined to known channel;
Surface owner entitled to make reasonable use of groundwater so use must NOT be wasteful
🗑
|
||||
| Water Rights- Surface water | show 🗑
|
||||
| Water Rights- Surface water; Common enemy rule | show 🗑
|
||||
| Possessor's Rights- Trespass | show 🗑
|
||||
| Possessor's Rights- Private nuisance | show 🗑
|
||||
| Possessor's Rights- Private nuisance; Nuisance and hypersensitive P | show 🗑
|
||||
| show | 5th amendment power for government to take property for public use in exchange for just compensation;
🗑
|
||||
| Eminent Domain- Explicit takings | show 🗑
|
||||
| Eminent Domain- Implicit or regulatory takings | show 🗑
|
||||
| show | Government must either-
1. Compensate owner, or
2. Terminate regulation and pay owner for damages that occurred while in effect
🗑
|
||||
| show | Pursuant to its police powers, government may enact statutes to reasonably control land use
🗑
|
||||
| show | Principals means to achieve flexibility in zoning;
Proponent must show- 1. Undue hardship, and 2. Variance won't decrease neighboring property values;
Granted or denied by administrative action (typically zoning board)
🗑
|
||||
| show | A once lawful, existing use now deemed non-conforming by new zoning ordinance;
Cannot be eliminated all at once unless just compensation is paid
It could be deemed an unconstitutional taking
🗑
|
||||
| show | Exactions are those amenities government seeks in exchange for granting permission to build;
If not, exaction unconstituional
🗑
|
||||
| WY- Estates in land; Present possessor estates: Fee tail | show 🗑
|
||||
| WY- Estates in land; Present possessor estates: Life estates by marital right (Legal life estate) | show 🗑
|
||||
| show | Rule against remainder in grantee's heirs;
Abolished
🗑
|
||||
| show | Abolished
🗑
|
||||
| WY- Estates in land; Concurrent estates: Joint tenancy, Creation | show 🗑
|
||||
| WY- Estates in land; Concurrent estates: Joint tenancy, Transactions that may not result in severance | show 🗑
|
||||
| WY- Estates in land; Concurrent estates: Joint tenancy, Tenancy by entirety | show 🗑
|
||||
| show | By implication and operation of law;
Only implied tenancy is tenancy at sufferance;
Does not arise by implication or operative law
🗑
|
||||
| show | Generally held tenancies at will do not arise in WY
🗑
|
||||
| WY- Landlord and tenant; Nature of leasehold: Forcible entry statutes | show 🗑
|
||||
| WY- Landlord and tenant; Tenant duties and landlord remedies: Residential Rental Property Act, Residential tenants have duty to NOT- 1. | show 🗑
|
||||
| show | 2. Interfere with anther's peaceful enjoyment of residential property, or
🗑
|
||||
| WY- Landlord and tenant; Tenant duties and landlord remedies: Residential Rental Property Act, Residential tenants have duty to NOT- 3. | show 🗑
|
||||
| show | L must return security deposit or provide written description and itemized list of deduction to tenant within 30 days after termination of rental agreement, or 15 days after receiving tenant's new mailing address, which ever is later
🗑
|
||||
| WY- Landlord and tenant; Tenant duties and landlord remedies: Utility deposits | show 🗑
|
||||
| WY- Landlord and tenant; Tenant duties and landlord remedies: Landlord remedies, Tenant on premises but fail to pay rent | show 🗑
|
||||
| WY- Landlord and tenant; Landlord duties and tenant's remedies: Implied warranty of habitability | show 🗑
|
||||
| show | After notice L unreasonably refuses or fails to use diligence to correct unsafe condition, ct may award T cost damages and affirmative relief order L make repair or terminate lease;
Damages- rent improperly retained or collected, not atty fees
🗑
|
||||
| WY- Landlord and tenant; Tort liability of L and T: Modern trend, General duty of reasonable care | show 🗑
|
||||
| show | Recorded express grant must specifically describe location of easement;
If not, or right to locate at later date is valid for ONLY 1 yr from date of execution
🗑
|
||||
| show | NOT recognized in WY
🗑
|
||||
| WY- Rights in land of another; Easements: Creation, By prescription | show 🗑
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| WY- Rights in land of another; Easements: Creation, Adverse- Presumption | show 🗑
|
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| WY- Rights in land of another; Easements: Creation, Adverse- Intent | show 🗑
|
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| WY- Rights in land of another; Easements: Creation, Adverse- Initially permitted | show 🗑
|
||||
| show | Not limited to survey;
Void after 1 yr unless adequate description recorded w/in time;
Not stating location= floating
🗑
|
||||
| show | Grant of right-of-way w/o reservation of right to maintain gates not necessarily preclude servient estate owner from having;
Unless grant expressly says open or prohibition, may maintain gate across easement if necessary or not unreasonably interfere
🗑
|
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| WY- Rights in land of another; Covenants running with land at law: Real covenants, Termination | show 🗑
|
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| WY- Rights in land of another; Private road statutes | show 🗑
|
||||
| show | Owner of land w/no outlet or connection w/public road may file application w/board of county commissioner in county land in to obtain access across land of another;
Access via lease adjacent land or illogical/uneconomic/unproductive road NOT outlet
🗑
|
||||
| WY- Rights in land of another; Private road statutes: Application for private road must contain | show 🗑
|
||||
| show | W/in 10 days of filing applicant must give notice to affected parties;
W/in 45 days of receiving notice, affect party shall notify board and applicant in writing of location/description of proposed alternative route;
Board review application w/in 85 day
🗑
|
||||
| WY- Rights in land of another; Private road statutes: Notice and hearing, Once Board finds private road necessary | show 🗑
|
||||
| show | Parties may appeal Board's decision to district ct within 30 days
🗑
|
||||
| WY- Rights in land of another; Private road statutes: Notice and hearing, Affected parties | show 🗑
|
||||
| show | Board does NOT have authority to grant over proposed private road during pendency of action
🗑
|
||||
| WY- Rights in land of another; Private road statutes: Damages | show 🗑
|
||||
| show | Administrative act so to vacate same process
🗑
|
||||
| show | 1. Obtain written agreement from owner of previously landlocked property and landowner over road,
2. Conclude affected property will continue to maintain alternate/legally enforceable/unrestricted access to public road so not cause re-landlock
🗑
|
||||
| WY- Adverse possession; Requirements: Running of statute | show 🗑
|
||||
| show | Fence may be fixed by agrmt if acquiescence for more than 10 yrs;
Fence kept only for convenience or pastures no effect on true boundary line
🗑
|
||||
| show | Creates permissive use, and permissive use cannot change possession into adverse title no matter how long;
Permissive use to hostile if-
1. Actual notice,
2 Acts or declaration so great presumed
🗑
|
||||
| WY- Adverse possession; Requirements: Hostile, Payment of property taxes not required | show 🗑
|
||||
| show | 10 SOL does not begin to run against person under legal disability when COA arose
🗑
|
||||
| show | Defects in formalities of recorded instruments cured after 10 yrs
🗑
|
||||
| WY- Conveyance; Land sale Ks: Seller's liability for defects in property, Warranty of fitness/quality (new construction only) | show 🗑
|
||||
| show | Allows either recovery of money damages for minor defects susceptible of remedy, or rescission and restitution for major defect render house unfit for habitation or not readily remedial
🗑
|
||||
| show | Unless waived by buyer, every seller of vacant land must provide-
1. Whether property offered as unified estate,
2. If fee ownership of underlying mineral estate severed from surface estate,
3. Availability and location of public utilities,
🗑
|
||||
| show | 4. Name of entity maintains roads and level of maintenance available,
5. Availability of water and sewer infrastructures,
6. Availability of fire protection services,
7. Existence and location of easement across land known to seller or recorded
🗑
|
||||
| WY- Conveyance; Land sale Ks: Seller's liability for defects in property, Warranty of fitness/quality (new construction only)- Property disclosure statement, Failure to provide | show 🗑
|
||||
| WY- Conveyance; Deeds: Form and content, Insufficient description- Title remains in grantor | show 🗑
|
||||
| show | Whether an instrument is quitclaim deed is not determined solely on inclusion or omission of warranties;
Rather INTENT of parties controls
🗑
|
||||
| show | Unacknowledged instrument is not entitled to be recorded and thus does not provide constructive notice to subsequent purchasers
🗑
|
||||
| show | Wyoming has race-notice statutes
🗑
|
||||
| show | BFP-
1. Purchase in good faith,
2. For valuable consideration (not by gift),
3. With no actual, constructive, or inquiry notice of any alleged or real defect in title, and
4. Who would be prejudiced by cancellation or reformation of deed
🗑
|
||||
| WY- Conveyance; Recording: Record notice, Chain of title- Marketable title acts | show 🗑
|
||||
| WY- Conveyance; Recording: Record notice, Chain of title- Marketable title acts, Deed received in wrong office | show 🗑
|
||||
| show | Foreclosure for nonjudicial sale under power of sale;
Foreclose by advertisement and sale if-
1. Default,
2. No other foreclosure proceeding,
3. Duly recorded,
4. Written notice on recorded owner 10 days before
🗑
|
||||
| show | Must be published at least once a week for 4 consecutive wks, and must specify names mortgagor/ee, date mortgage recorded, amt default, description, time/place of sale
🗑
|
||||
| show | Conducted by sheriff, front door of county ct house b/w 10 and 5;
Anyone may bid including mortgagee;
Mortgagor 3 mos from date of sale to redeem paying purchase price + 10% interest, assessment, taxes
🗑
|
||||
| WY- Rights incidental to ownership of land; Natural rights: Water rights | show 🗑
|
||||
| show | Every WY resident entitle to homestead consisting of house and lot or farm not exceeding $10K, secured against rights of creditors;
Attaches regardless how legal title to property held
🗑
|
||||
| show | Neither spouse may sell, convey, or encumber homestead w/o joinder of other spouse
🗑
|
||||
| show | Claimants may convey property without joinder if instrument contains following words "Hereby releasing and waving all rights under and by virtue of homestead exemption laws of this state"
🗑
|
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