REAL PROPERTY FLASH CARDS COPYRIGHT 2010 MR. PATRICK GOULD, J.D., M.A. Gould's Bar Examination Flash...

REAL PROPERTY FLASH CARDS

COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.

Gould's Bar Examination Flash Card Webinar SeriesREAL PROPERTY

REAL PROPERTY SHOPPING LIST





REAL PROPERTY SHOPPING LIST

1. ADVERSE POSSESSION. Squatter, Tenancy at Sufferance / Holdover Tenant, Easement by Prescription, Co-Tenant Ouster.

2. LAND-SALE CONTRACT, DEEDS, and MORTGAGES.

3. LANDLORD / TENANT.

4. COVENANTS AND EQUITABLE SERVITUDES.

5. EASEMENTS.

6. CO-TENANTS, CONCURRENT ESTATES.

7. PRESENT AND FUTURE INTERESTS.

8. MISC. RIGHTS. Zoning, Water and Air Rights, Subjacent, Nuisance, Trespassing, etc.

ADVERSE POSSESSION





ADVERSE POSSESSION. OPEN, VISIBLE AND NOTORIOUS. ACTUAL AND EXCLUSIVE. CONTINUOUS FOR THE STATUTORY PERIOD. Tacking. DISABILITY. CLAIM OF TITLE or COLOR OF TITLE. CO-ADVERSE POSSESSOR. EQUITABLE COVENANTS. APPLICABLE FOR: EASEMENTS BY PRESCRIPTION. HOLDOVER TENANTS. LAND-SALE DISPUTES. SQUATTERS. CO-TENANT OUSTER.

ADVERSE POSSESSION

THE LAND-SALE CONTRACT





THE LAND-SALE CONTRACT

THE STATUTE OF FRAUDS. EXCEPTION: Part Performance, Improvement, Possession.

IMPLIED COVENANT OF MARKETABLE TITLE.

NO FALSE STATEMENT OF MATERIAL FACT.

NO WARRANTIES OF FITNESS OR HABITABILITY.

RISK OF LOSS / EQUITABLE CONVERSION.

TIME, TITLE, TENDER, CLOSING.

THE CLOSING / MERGER / DEED. ENCUMBRANCES.

BREACH OF CONTRACT, REMEDIES. RECISSION, DAMAGES, SPECIFIC PERFORMANCE.

THE DEED / PASSING OF TITLE




COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.

THE DEED / PASSING OF TITLE

DEED FORMALITIES. LAWFUL DEED EXECUTION. CONVEYANCE THROUGH A WILL. DEED DELIVERY AND ACCEPTANCE. PRESENT INTENT TO TRANSFER. ORAL CONDITIONS. RECORDED DEEDS. CONDITIONAL DELIVERY. REJECTION OF THE DEED. REFORMATION OF A DEED.

TYPES OF DEEDS

COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.



COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.

TYPES OF DEEDS

GENERAL WARRANTY DEED.

COVENANTS OF TITLE. PRESENT COVENANTS. Seisin. Right to Convey. Against Encumbrances. FUTURE COVENANTS. Quiet Enjoyment. Warranty. Further Assurances.

SPECIAL WARRANTY DEED. QUITCLAIM DEED. DEFECTIVE DEEDS. COLLATERAL DOCUMENT RULE. TITLE ASSURANCE. Title Opinions and Abstracts. Title Insurance Policies. POWER OF ATTORNEY / AGENCY.

RECORDING ACTS

COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.




RECORDING ACTS

BONA FIDE PURCHASER FOR VALUE. TAKING WITHOUT NOTICE. ACTUAL NOTICE. CONSTRUCTIVE / RECORD NOTICE. INQUIRY NOTICE. STATUTES. PURE RACE STATUTE. NOTICE STATUTE. RACE-NOTICE STATUTE. CHAIN OF TITLE. SHELTER RULE. WILD DEED. ESTOPPEL BY DEED.

MORTGAGE AND FORECLOSURE





MORTGAGE AND FORECLOSURE

THE MORTGAGE. LEGAL MORTGAGE. EQUITABLE MORTGAGE. TRANSFER OF INTEREST. BY MORTGAGEE. Holder in Due Course. BY MORTGAGOR. Assumption of Mortgage. Subject to a Mortgage. DUE ON SALE CLAUSES. SUBROGATION.

FORECLOSURE. BUYER AT FORECLOSURE. LIENHOLDERS. JUDICIAL FORECLOSURE. POWER OF SALE FORECLOSURE. PRIORITIES. MULTIPLE MORTGAGES. PURCHASE MONEY MORTGAGE. PARTITION OF LAND. EQUITABLE REDEMPTION. STATUTORY REDEMPTION.

LANDLORD - TENANT





LANDLORD - TENANTDEPENDENCE OF COVENANTS.

STATUTE OF FRAUDS.

TYPES OF TENANCIES. TENANCY FOR YEARS. PERIODIC TENANCY. TENANCY AT WILL. TENANCY AT SUFFERANCE.

COVENANTS / RIGHTS AND DUTIES. RENT. POSSESSION. QUIET ENJOYMENT. CONSTRUCTIVE EVICTION. HABITABILITY. RETALIATORY EVICTION. ILLEGAL LEASE DOCTRINE. DUTY TO REPAIR. FIXTURES. WASTE. Affirmative, Permissive, Ameliorative. TORT LIABILITY. TRANSFER OF LEASE INTEREST. Assignment, Sub-Lease.

TERMINATION. PERIODIC TENANCY. RETALIATORY EVICTION. SURRENDER. ABANDONMENT. SELF-HELP EVICTION. SUMMARY EVICTION. TENANCY AT SUFFERANCE / HOLDOVER TENANT. CONDEMNATION. LOSS DUE TO FORCE OF NATURE.

REAL COVENANTS





REAL COVENANTS

REAL COVENANTS. A Holder of a Real Covenant has holder has the right to restrict a 3rd party in the use of the land.

BURDEN RUNNING WITH THE LAND / BINDING SUCCESSORS. Writing, Intent, Touch and Concern, Notice, Horizontal Privity, Vertical Privity. BENEFIT RUNNING WITH THE LAND / BINDING SUCCESSORS. Writing, Intent, Touch and Concern, Vertical Privity, No Horizontal Privity.

SUB-DIVISIONS. Condominiums, Planned Development.

DEFENSES. Unclean Hands, Acquiescence, Laches, Estoppel.

REMEDY. MONETARY DAMAGES.

EQUITABLE SERVITUDES





EQUITABLE SERVITUDES

EQUITABLE SERVITUDES. Promise concerning use of land that benefits and burdens original parties and their successors and is enforceable through injunction. No need for privity.

BURDEN RUNS TO PROMISOR'S SUCCESSORS. Writing, Intent, Touch and Concern, Notice.

BENEFIT RUNS TO SUCCESSORS. Writing, Intent, Touch and Concern.

DEFENSES. Unclean Hands, Acquiescence, Laches, Estoppel. TERMINATION. Deeds of Release, Merger, Condemnation, Abandonment, Changed Conditions.

REMEDY. INJUNCTIONS.

EASEMENTS





EASEMENTS

EASEMENT APPURTENANT or EASEMENT IN GROSS.

CREATION. EXPRESS EASEMENT BY GRANT. IMPLIED EASEMENTS. IMPLICATION THROUGH PRIOR USE of COMMON GRANTOR. NECESSITY. BY PRESCRIPTION. NEGATIVE EASEMENTS.

TRANSFER OF EASEMENT.

SCOPE OF EASEMENT. TERMINATION OF EASEMENT. Merger, Release, Abandonment, Estoppel, Excessive Use, By Prescription, Termination of Necessity Elements, Destruction, Severance, Condemnation, Operation of Recording Act. TRESPASS UPON EASEMENT. LICENSES.

PROFITS.

CONCURRENT OWNERSHIP





JOINT TENANCY. FOUR UNITIES. Title, Time, Interest, Possession. RIGHT OF SURVIVORSHIP. TENANCY IN COMMON. NO RIGHT OF SURVIVORSHIP. FAVORED BY COURTS.

TENANCY BY THE ENTIRETY. FIVE UNITIES. Person, Time, Title, Interest, Possession. RIGHTS AND DUTIES OF CO-TENANTS. NO NEED TO ACCOUNT TO OTHER CO-TENANTS. POSSESSION. OUSTER. Adverse Possession. RENTS AND PROFITS. CARRYING COSTS / ENCUMBRANCES. REPAIRS. IMPROVEMENTS. CONTRIBUTION. WASTE. Affirmative, Permissive, Ameliorative.

CONCURRENT OWNERSHIP

TERMINATION. RIGHT OF SURVIVORHIP / DEATH. SALE. PARTITION. MORTGAGE. Lien Theory, Title Theory. AGREEMENT.

PRESENT AND FUTURE INTERESTS





PRESENT AND FUTURE INTERESTS

FEE SIMPLE ABSOLUTE. No Future Interest.FEE SIMPLE DETERMINABLE. Possibility of Reverter.FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT. Right of Entry.FEE SIMPLE SUBJECT TO AN EXECUTORY INTEREST. Future interest in 3rd Person, Subject to RAP.FEE TAIL. Make into a Fee Simple.LIFE ESTATES. REVERSION. Future estate in grantor, Reversion. Doctrine of Worthier Title. VESTED REMAINDER. Ascertainable, No Conditions. Vested Remainder: Indefeasibly Vested Remainder, Vested Remainder Subject to Total Divestment, Vested Remainder Subject to Open. CONTINGENT REMANDER. Non-Ascertainable Persons, Condition Precedent. RAP. Destructibility of Contingent Remainders, The Old Rule in Shelly's Case. DUTIES OF A LIFE TENANT. Waste, Taxes, Mortgages, Damage Caused by Others, Account.

THE RULE AGAINST PERPETUITIES





RAP APPLIES TO. EXECUTORY INTEREST. VESTED REMAINDERS SUBJECT TO OPEN. CONTINGENT REMAINDER. IDENTIFY CONDITIONS. MEASURING LIFE. EXAMPLES. Life Estates, Class Gifts, Shifting Executory Interests, Charity-to-Charity Exception, Fertile Octogenarian, Right of First Refusal, Perpetuities Savings Clauses. MODERN REFORMS OF RAP. WAIT AND SEE / SECOND LOOK DOCTRINE. UNIFORM RULE AGAINST PERPETUITIES / USRAP. CY PRES DOCTRINE.

THE RULE AGAINST PERPETUITIES

MISC. RIGHTS





MISC. RIGHTS

LATERAL AND SUBJACENT SUPPORT. LATERAL SUPPORT. SUBJACENT SUPPORT. RIGHTS IN AIRSPACE. WATER RIGHTS. RIPARIAN RIGHTS. Domestic User v. Commercial User. PRIOR APPROPRIATION DOCTRINE. GROUNDWATER. SURFACE WATER. NUISANCE. PUBLIC NUISANCE. PARTICULARIZED DAMAGE FOR INDIVIDUALS. PRIVATE NUISANCE. UNREASONABLE, SUBSTANTIAL INTERFERENCE.

EMINENT DOMAIN. 5TH AMENDMENT TAKINGS. PUBLIC PURPOSE. JUST COMPENSATION.

DEDICATION OF LAND TO THE PUBLIC. ZONING. VARIANCE. NON-CONFORMING USE. EXACTIONS. CROPS. FRUCTUS NATURALES. FRUCTUS INDUSTRIALES / EMBLEMENTS. TRESPASS TO LAND. ENCROACHMENT / CONTINUING TRESPASS. GOOD FAITH IMPROVEMENTS.

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