Deed Warranties Tenancy by the Entirety Rights and Duties of Joint
Joint Tenancy Ownership -Right of Survivorship Present Covenants: -J/T for married man and woman -No duty to pay rent without ouster -Creation: -Covenant of Siesin -Right of survivorship -Duty to account for all profits directly from the -4 Unities: Time, Title, -Right to convey -Cannot be messed w/ unilaterally land (not value added by c/t) Interest, Possession -Against encumbrances -Not accessible to 1 party’s -Contribution: reimbursement for carrying -Must be express Future Covenants: ceditors costs, maintenance w/ notice -Most states req. straw -Covenant of Quiet enjoyment -If tried and done wrong=T/C -Partition: man (not FL) (no one else can claim) -Forced Sale (proportionate w/ improvement) -Severance: -Covenant of Warranty (will -In Kind (w/ Owelty) -Voluntary protect against 3rd party claims) -Mortgage -Covenant of Further Assurances -Title state– at inception (will do whatever administrative -Lien state– at foreclosure stuff to perfect title)
Scope of Easements Equitable Servitudes Covenants Common Scheme
Burden/Intensity of Use: -Allow for Injunction -Allows for Damages -Makes burden and benefit run w/ all land -Reasonably foreseeable w/ -Elements: -Elements: in area subject to common scheme (all passage of time -Written -Written members have standing) Only for Benefit of Dominant -Intent to run w/ land -Intent to run w/ land -Can only be enforced against one w/ Estate -Touch and Concern -Touch and Concern notice (can be inquiry) Termination: -Notice -Horizontal and Vertical Privity -Identification: -Abandonment (intent to abandon -Notice -Suitable number are subject to + nonuse) covenants -Purpose ends -Registration of plat as subdivision -Merger -Promotional materials -Estoppel (reverse of creating irrevocable lic.) -Prescription -Recording acts
Easements Private/Public Nuisance Termination of R. Covs and
Eq. Servs Appurtenant – Running w/ land Public: interferes w/ public right -Terms of agreement In Gross – Personal -Determination: Signif. Interference w/ public health, -Merger Types: safety, peace, comfort, convenience -Unclean Hands Prescriptive: -Standing: Must have diff. kind of injury, not just diff. -Acquiescence – personal tolerance -Continuous, open adversarial use for the degree of that type of violation statutorily prescribed duration Private: interfere w/ PL enjoy of land -Abandonment – widespread Express: -Substantial (reasonable person would consider substantial) unclean hands and acq. Drastic -Written, reservation to non-stranger ok; exception -Unreasonable change in hood not, minority: deed stranger ok -Balance harm vs. social utility -Laches – failure to timely bring Implied by Prior Use: -Greater harm than PL should bear uncompensated? complaint on specific violation -From common ownership -Cost of PL compensation won’t preclude activity -Changed Conditions – no longer -Use was in place prior to split -Can avoid harm w/o DF hardship serves intended purpose -Use was apparent -Balance suitability to locale -Relative Hardship -Use must be pretty necessary to enjoy -Remedy: Injunction or Damages based on balancing -Recording Acts Implied by Necessity: equities: -Eminent Domain -Common initial ownership -damages: high social utility, can’t prevent -Split creates the need interference -Strictly necessary to use property -injunction: harm outweighs benefits Marketable Title Caveat Emptor Recording Statutes Community Property -Title that a reasonable person would -Allows buyer rescind K/dmgs -Wild Deeds – deeds cut off from the -Both parties have a full interest in take w/o doubt -Cannot misrepresent or chain of title by a non-recorder all property acquired during Things that raise doubts: actively conceal material are not considered recorded marriage (minus gifts, -Undisclosed and unwaived encumber. defects -Race: First purchaser to record wins inheritance, profit from pre- -Chain of Title defects regardless of notice marriage property) -Government Zoning violations -Majority: must disclose -Notice: Last BFP to purchase w/o -Upon Death/Divorce each party material latent defects notice wins gets ½ interest; can will the other Must give time to cure -Some cts: off site too -Race Notice: First BFP to record w/o notice wins ONLY PROTECTS PURCHASERS FOR VALUE
Passing the Uniform Bar Exam: Outlines and Cases to Help You Pass the Bar in New York and Twenty-Three Other States: Professional Examination Success Guides, #1