Cal Bar

Front 1

fee simple absolute

Back 1

to X (and his heirs)
fully vested, devisable, alienable, subject to RAP

Front 2

fee simple determinable

Back 2

automatically reverts to grantor upon happening of stated event (so long as, until, while, during) --> possibility of reverter (only in grantor)

- fully vested, not subject to RAP

Front 3

possibility of reverter

Back 3

interest goes automatically back to grantor when prior estate ends due to a specified occurrence. exists only with a fee simple determinable (so long as, until, while, during)

Front 4

fee simple subject to condition subsequent

Back 4

grantor may reenter land upon happening of specified event (but if, provided that). requires affirmative act by grantor to divest existing interest.

--> fully vested, not subject to RAP

Front 5

right of entry

Back 5

power of termination reserved in grantor in FSSCS (if created in 3d party, executory interest)

Front 6

fee simple subject to executory limitation

Back 6

estate passes to 3d party when specified event occurs (but if, then to 3d party)

--> not vested unless event occurs. subject to RAP

Front 7

shifting/springing executory interests

Back 7

shifting: divests another devisee/grantee (prior estate)
springing: divests the grantor's reversion

--> always contingent, subject to RAP

Front 8

life estate

Back 8

to X for life of X (per autre vie = other person's life). alienable. pay interest/taxes (to limit of profits/rents - if none, don't have to pay). remaindermen have CoA for waste. open mines doctrine - can't take minerals/natural stuff if not open mine when LE begins. harvesting crops is not waste.

Front 9

merger

Back 9

to X for life and then to X's heirs merges into a FSA.

Front 10

remainders

Back 10

express future grant to 3d party. posessory at the expiration of the prior estate.

vested: unconditional grant in ascertainable, existing person. right against prior estate for waste, taxes, interest.

contingent: condition precedent or unborn/unascertainable person RAP applies; no action for waste

if R dies before vesting, heirs take nothing. if contingency fails, revert to grantor.

Front 11

class gift

Back 11

gift to specified group (subject to open/partial divestment).

class closes (vests) when any member eligible to take. not subject to RAP once vested.

Front 12

doctrine of worthier title

Back 12

remainder in grantor's heirs --> reversion to grantor. only applies to inter vivos transfers

Front 13

shelley's case

Back 13

life estate w/ remainder in heirs is a fee simple (merger)

Front 14

rule against perpetuities

Back 14

an interest must vest, if it shall vest at all, within a life in being + 21 years.

- if fails RAP, that interest is stricken and go to remaindermen
- look for contingent remainders that won't vest in time; class gifts to classes not ascertainable

Front 15

joint tenancies

Back 15

4 unities of title: time, title, interest, possession. created express or w/ "right of survivorship".

JTs can transfer partial interest to a 3d party (takes as TIC) and keep the rest as JTs

Front 16

tenancies in common

Back 16

default estate. unity of possession. freely transferable. each TIC has full right to possession of entire estate. no right of survivorship.

NO AP against TIC unless affirmative acts constitute ouster!

can ask for accounting for rents/profits from 3d parties

may exercise sole control over land as long as doesn't attempt to transfer any interest or otherwise engage in any tortious act w/ regard to cotenant

Front 17

tenancies by the entirety

Back 17

H and W only. unity of time, title, interest, possession and person. no transfer w/out consent of both spouses. TIC at divorce.

Front 18

contribution

Back 18

joint/TIC can get contribution for repairs (but not improvements), mortgage, taxes.

Front 19

partition

Back 19

judicial proceeding to separate joint interests. physical partition or partition by sale. courts favor physical if possible.

Front 20

leaseholds

Back 20

tenancy by years: for any specified period of time

periodic (measured by how often rent is paid) - must give notice one rent period prior (but for 1 yr, 6 mos is sufficient) and notice to vacate have date at the end of rental period

tenancy at will: can be terminated by either party with no notice. payment of rent converts to periodic

sufferance/holdover: LL can impose new periodic tenancy and raise rent if told T prior to end of prior lease period

Front 21

tenant's duties

Back 21

pay rent (unless LL release, condemnation 100%, constructive eviction), all repairs except wear and tear if expressed in lease

Front 22

LL's covenant of quiet enjoyment

Back 22

implied. LL will not interfere w/ T's enjoyment of the proeprty. applies to all tenancies. only enforceable against LL - LL warrants that no one will come along w/ superior title and oust T and that LL will not disturb T's use of land (can only get for crappy neighbors if LL actually has a duty to do something about crappy neighbors)

- total eviction: no more rent due, T must actually vacate in reasonable time
- partial eviction: rent pro-rated for part still usable

Front 23

implied warranty of habitability

Back 23

applies to residential tenancies only. violation of housing codes establishes prima facie case.

Front 24

LL tort liability

Back 24

no common law duty; duty for known hidden defects (to disclose to T); common passages; negligent repairs; public use; exception for furnished rental

Front 25

fixture

Back 25

whether removable turns on intent to make it permanently part of structure & ease of removal

trade fixtures always removable

UCC 9 fixture filing - 20 days and gets priority over the PMM. if not timely, jr to primary mortgage

Front 26

types of easements

Back 26

appurtenant: need dominant/servient estates

gross: only servient estate (not transferable unless commercial)

affirmative: right to use land holder must repair

negative: prevents servient estate from doing something

scope of easement = uses envisioned by parties at time created. if use outside of scope, can get injunction against use.

Front 27

creation of an easement

Back 27

1. express (SoF)
2. implication (use by common grantor prior to severance of servient estate w/ necessity)
3. necessity (landlocked servient estate - servient estate owner can select location)
4. prescription: adverse possession (*need not have EXCLUSIVE use - OCANS)

Front 28

transfer of an easement

Back 28

goes w/ dominant estate and binding on subsequent BFPs of servient estate if:

1. notice (constructive, actual, inquiry)
2. intent
3. touches & concerns the land

appurtenant is freely alienable
gross only if commercial

Front 29

license

Back 29

right to simply use land. created when an attempt to create an easement fails. freely revocable. personal. not alienable.

Front 30

termination of an easement

Back 30

1. release
2. merger (dominant/servient estates owned by one owner). no revival
3. condemnation
4. destruction
5. end of necessity
6. prescription
7. abandonment with affirmative act showing intent to abandon (build fence) or reliance

Front 31

profits

Back 31

right to go on land to extract something w/ implied easement.

Front 32

covenants

Back 32

affirmative/negative. promise enforced at law.

enforceable against subsequent BFPs if notice (actual, implied, constructive), runs with land, privity of estate OR contract.

Front 33

equitable servitude

Back 33

affirmative or negative promise enforced at equity.

Front 34

reciprocal negative equitable servitude

Back 34

common plan, intent, notice. can enforce against any other landholders in common development.

defenses: unclean hands, acquiescence, changed circumstances (but must affect all land), laches, estoppel

Front 35

lateral/subjacent support

Back 35

right to support for unimproved land. need to show negligence for damage to structures.

Front 36

flowing/underground water rights

Back 36

1. riparian: any domestic use takes priority over non-domestice use
2. prior appropriation (western states): first to use for beneficial purpose has priority up to certain amount (alienable interest)

Front 37

surface water doctrines

Back 37

1. natural flow - no interference
2. common enemy - okay to do anything to deal with flowing/runoff water

Front 38

land sale contract - doctrine of equitable conversion

Back 38

contract creates transfer. buyer responsible for any destruction of subject matter after K is signed.

applies until closing - extinguishes and only deed enforceable after closing

SoF: 1) describe property 2) signed by party to be charged 3) sales price

Front 39

doctrine of part performance in land sale Ks

Back 39

if doesn't satisfy SoF, can still get specific performance if:

1) buyer takes action that clearly demonstrates there was a K: takes possession, makes investments in land to detriment

2) reliance - investments to detriment

Front 40

marketable title

Back 40

implied in land sale K. due at closing. minor defects okay. reasonable buyer standard.

right to sue for marketable title only exists until closing - extinguished by deed

Front 41

deed formalities

Back 41

execution (SoF; description, signed)
delivery (intent of seller - do not have to physically deliver but must demonstrate intent)
buyer does not have to accept delivery (can leave deed w/ buyer)

Front 42

covenants of title

Back 42

at closing (sue on land sale K):
1) seisen
2) right to convey
3) warranty no encumbrances other than those disclosed

after closing (can sue on deed)
1) CQE
2) if general warranty deed can sue back up the line if encumbrances
3) if special warranty deed, can only sue the immediate grantor

Front 43

recording statutes

Back 43

race: first to record prevails over any BFP for value (no notice necessary)

race-notice: protects BFP for value w/out notice (actual, implied, constructive) who records first

pure notice: protects BFP who takes w/out notice (but note that recording = constructive notice)

Front 44

mortgages

Back 44

grantee not personally liable unless assumes

right of redemption until FC

acceleration clause (invalid in original deed, but can be put in during re-fi)

Front 45

adverse possession

Back 45

OCEANS = open, continuous, exclusive, adverse, notorious, statutory period

no AP against co-tenants unless ouster
AP of easements doesn't require exclusive possession

tacking by AP-ers is okay. tacking against owners is okay.

Front 46

establishing a boundary by agreement

Back 46

1) owners of adjacent parcels uncertain or unaware of true boundary can establish boundary by agreement
2) not a transfer of property, so not subject to SoF
3) there must be an actual taking/relinquishing of possession (like building a fence)

Front 47

defenses to attempt to enforce reciprocal negative equitable servitude

Back 47

unclean hands, acquiescence, changed circumstances (but must affect all land), laches, estoppel