Property

Types of Co-Ownership

• Joint tenancy

• tenancy by entirety

  • tenancy in common

Devisable

pass by will

Descendible

pass w/out will → intestacy

Joint Tenancy

w/ right of survivorship

• when 1 JT dies, share auto passes to surviving JT

• Alinable inter vinos → can transfer interest during lifetime

• not Devisable (pass by will) or Descentible (pass by intestastcy)

How to create Joint Tenancy

4 Unities T-TIP→ JT’s must take interests

1) @ same Time

2) by same Title or instrument

3) getting Identical equal interest

4) w/ right to Possess the whole

+ must contain a clear expression of right of survivorship

How to Sever Joint Tenancy

“SAP” → Sale and Partition

• Sale: JT can sell/transfer during life w/out notice to others → severs JT and B becomes Tenant in common with any others

• Partition: (also for tenancy in common)

  • Voluntary, Amicable Agreement; or

  • Judicial Action: only if in best interst of all

    • Partition in Kind: (usually for big land)

      • physical division of property

    • Forced Sale: (usually for one building)

      • sell proceeds divided equal

Does a mortage/lien sever a JT?

Does a JT murdering another sever JT?

• Majority view: Mortages/liens do not sever

  • minority does sever

• Murder turns JT into tenancy in common

Tenancy by Entirety

martial estate w/ right of survivorship

can only be created b/w married partners → feircely protected

How to create Tenancy by Entirety

arises presumptively in any conveyance to married partners

• unless grant clearly states otherwise

Protections of a Tenancy by Entirety

• creditors, sales, liens

• Creditor of 1 spouse can’t touch

• 1 spouse can’t transfer/sell w/out other

  • 1 spouse can’t encumber w/out other

Ways to sever a Tenancy by the Entirety

death,

divorce (becomes tenancy in common),

mutual agreement,

creditor of both spouses can execute on property

Tenancy in Common

no right of survivorship

• each co-tenany owns individual part and has right to possess whole of own itnerest

• each interest devisable, descendible, alienable

Rights and Duties of Co-Tenants regarding Posession

Each co-tenant has right to possess whole/all portion of the property

• right to use & enjoy whole but no right to exclusive possesion of any part

• % of ownership share DOES NOT MATTER for possession rights

Ouster

wrongful exclusion of a co-owner from possession

Rights and Duties of Co-Tenants regarding Rent

• rent of co-tenant to another

• renting to 3rd Party

• co-tenant in exclusive possession not liable for rent

  • unless ouster present

• if rent out to 3rd party → Co-tenant must account his co-tenants based on ownership interest %

  • “account” = share profits gained

Rights and Duties of Co-Tenants regarding Adverse Possession

Co-tenant in exclusive possession can’t Adversely possess b/c never considered hostile

• unless ouster then may be hostile

Rights and Duties of Co-Tenants regarding Carrying Costs

These are mortagage payments, tax payments etc.

• each must pay based on % ownership

Rights and Duties of Co-Tenants regarding Repairs

Repairing co-tenant has right to contribution for reasonable, necessary repairs → based on % ownership

• Must give notice to other co-owners of need for repairs (prior to repair)

Rights and Duties of Co-Tenants regarding Improvements

Co-tenant has no right to contribution for costs of improvements during co-tenancy

• @ partition → improver gets value (or losses value) of any increase (or loss) that her unilateral change caused

Rights and Duties of Co-Tenants regarding Waste

• Types of Waste

Co-tenant must not commit Waste

• Voluntary Waste: willful destruction

• Permissive Waste: neglect

• Ameliorative Waste: changes that increased value but made w/out permission

  • think sentimental value

Rights and Duties of Co-Tenants regarding Encumberances

JT or tenant in common may encummber own interest in own share w/ mortage or lien BUT it won’t affect other co-owners interest

• T in common: can only foreclose on mortaging co-tenants interest

• JT:

  • mortage won’t sever JT but foreclosure sale will

  • if mortaging tenant dies → lien dies with him

What’s a leasehold

estate in land where tenant has present possessory interest and LL has future interests (reversion)

Types of Leasehold Estates

• Tenancy for Years

• Periodic Tenancy

• Tenancy At Will

• Tenancy at Sufferance

Tenancy for Years define

• termination?

• Writing?

(also knowns as: estate for years; term of years)

• Lease for a fixed determined period of time

Termination:

a) Ends automatically @ termination date

• no notice required

b) Termination upon Breach of Lease Covenant

c) Termination upon LL’s Acceptance of Tenant’s Surrender

Writing: Follow SoF → Lease over 1 year must be in writing

The Periodic Tenancy define

• creation

“continuous until properly terminated”

• lease that continues for successive intervals until either LL or tenant give proper notice of termination

  • ex. month to month lease

Creation

a) Express: “To T from month to month”

b) Implied: payment of rent @ set intervals no duration

• Oral term of years violating SoF → implied based on how rent paid

• “hold over”: LL keeps T who wronguflly stayed past OG lease

  • commercial → year to year

  • residential → month to month

Periodic Tenancy

• termination

Termination: Notice

• Give proper notice @ least equal to lenght of given interval (unless agreed otherwise)

  • week to week → 1 week notice

  • year to year → 1 month under Restatement ; 6 months under common law

• Note: notice must be timed to terminte @ end of natural period

Tenancy at Will define

• creation

• lease w/ no fixed duration & terminable @ will of either party

Creation

• Expressly agree to make terminatable @ will

  • if no explicit agreement, regular payments create periodic tenancy

Tenancy at Will

• termination

a) theoretically @ any time by either party

b) most states require reasonable notice

Tenancy at Sufferance

• creation & termination

• lease created when T wrongfully holds over past expiration of lease

Creation: T holds over - give L a way to recover rent

Termination: short lived

• evict T

• hold T to new periodic tenancy based on old lease but not > year to year

Tenant’s Duties List

1) Duty to Repair

2) Duty to Pay Rent

3) Duty to not use premises for illegal purposes

Tenants Duty to Repair

• when lease is silent → T must “maintain premises”

  • routine repairs other than ordinary wear and tear

• duty expressly in lease (destruction) →

  • Common Law: T responsible for restoration of leased premises if force of nature

  • Majority View: T may end lease when premises destroyed w/out fault

    • more enforceable in nonresidential context

Duty to Pay Rent

L’s rights when T breach in possession vs out of possession

• T breaches + still in possession →

  • evict through courts;

    • NO SELF HELP

  • continue relationship & sue for rent;

• T breaches + out of possession → “S.I.R.”

  • Surrender : end lease

  • Ignore : (Minority) hold T responsible for rent

  • Relet: (Majority) hold T liable for deficiency after

Rent Deposit go where? how much?

usually restricted to 1 month rent

require L to put into interest bearing account → cannot be prevented through lease

What happens if gov takes a leased property?

If taking permanent → terminate lease

If taking partial/temporary → share $, keep lease

Landlord Duties

1) Duty to deliver (actual) possession (@ start of leasehold)

2) Implied Covenant of Quiet Enjoyment

3) Implied Warranty of Habitability

4) Anti- Discrimintation Legilation

• no right to retaliate for reporting a violation

Implied Covenant of Quiet Enjoyment

in EVERY residential and commercial lease:

• T has a right to quiet use and enjoyment of premises w/out interference from LL

Implied Covenant of Quiet Enjoyment:

• Ways to Breach + T’s remedies

a) Wrongful Eviction: L excludes T from whole or part of premises

• Actual Eviction: whole-terminate T’s obligation to pay rent

• Partial: Terminates T’s duty to pay rent for entire premises

b) Constructive Eviction: L renders premises unsuitable for occupancy - “S.I.N.G.”

• Subsantial Interference: chronic/permanent problem attributable to L’s actions/failure to act

• Notice: T must give L notice of the problem & L must fail to meaningfully repond w/in reasonable time

• Goodbye: Get out! T must vacate w/in reasonable time after L fails to fix the problem

• Then → T may terminate lease & seek damages

Implied Covenant of Quiet Enjoyment: LL liability for other tenants acts?

Generally not liable but:

• LL has duty to abate nuisance on site

• LL must control common areas

Implied Warranty of Habilitability

Implied in every residential lease NOT commercial

• Premises must be fit for basic human habitation (bare living requirements) ~ running water, heat, plumbing etc.

  • standard determined by case law + housing code

Implied Warranty of Habilitability: T options @ breach

“MR.3”

• Move

• Repair and Deduct

• Reduce or Withhold Rent

• Remain and Seek Damages

LL duty w/ Anti-Discrimination Legislation

a) Civil Rights Act: no racial/ethnic discrimination in sale/rent

b) Fair Housing Act: protects T and prospective T from discrimination based on: race, color, religion, national origin, sex, disability, familial status

• Exceptions: THESE DON’T APPLY TO ADs THO

  • Owner-occupied buildings w/ 4 or less units

  • Single family homes sold/rented by O who owns 3 or less single family homes

• Regarding Disability → LL must permit T to make reaonsbaly accomodations for disabilities

Transfers of Leaseholds- Allowed? Types?

T may freely transfer interest in whole (assignment) or in part (sublease)

• but Lease can expressly and specifically prohibit OR may require prior written approval

• But if LL consent to 1 type of transfer, waive right to object to a future transfer by T → unless LL explicitly reserves

Assignment of Leasehold

Transferring interest in whole

• Assignee (T2) and LL now in “privity of estate”

• LL and T1 remain in “privity of contract”

  • LL and T2 NOT in “privity of contract”

Thus, LL can go after who has priv of K IF priv of estate person doesn’t work out (insolvent/fled)

(LL-Tenant Law) “privity of estate” product of what? does what?

possession ← whoever has possession has this

• makes each liable on all promises/covenants in OG lease that run w/ the land (“of and pertaining to” leasehold interest)

(LL-Tenant Law) “privity of contract” product of what? does what?

whoeever signed OG lease/K has this

• makes them secondarily liable to each other → if T2 insolvent or fled, T1 liable through privity of K to LL

When do leasehold covenants “run w/ land” ?

if

• OG parties enter lease and intent it to &

• covenant “touches and concerns” the land

  • meaning → benefit one and burden the other

ex. rent duty runs w/ land

Sublease of Leasehold

Transferring interest in part

• Typically → Subleasee is tenant of (OG) T1 → pays rent to them NOT to the LL

  • (unless subleasee expressly assumes covenant)

• Privities

  • LL and Subleasee not in privity of anything

  • LL and T1 privity in-tact

• Problem

  • Subleasee sue T1 → T1 sue LL

    • Exception: Residential Subleasee may enforce implied W of habitability against LL on own

  • LL may terminate main lease → which terminates sublease

Assignments by Landlord

LL may assign rents/reversion interest they own ← usually by deed

• T consent not required

Attornment: T & L retain all benefits/burdens running w/ land

LL Tort Liabilities + Duties → Common Law

Generally, No Duty to make premises safe

EXCEPT “C.L.A.P.S.”

• Common Areas: Reasonable care in maintaining

• Latent Defects: Duty to warn T of hidden defects

• Assumption of Repairs: if undertake → reasonable completion

• Public use Rule: LL short-term lease public space→ liable for harm from significant defects

• Short-term Lease of furnishes dwelling: liable for any defects proximately injuring T

LL Tort Liabilities + Duties → Modern Trend

There’s a general duty of reasonable care

• LL owes general duty of reasonable care toward residential T → liable for tort injuries resulting from ordinary negligence if:

  • LL had notice + opportunity to repair

    • LL presumed to have notice for things beofre T took possession but not after unless reasonable should have known/knew

LL has statutory duty to repair → liable for failure/negligent repairs

LL must maintain advertized security features or comply w/ security related code

Servitudes

• Easements

• Covenants (+ Equitable Servitude)

• Profits and Licenses

What is an easement and what types of easements exist

grant of a nonpossessory property interest that entitles its holder to a limtied form of use/enjoyment of another’s land

• Affirmative vs Negative

• Appurtenant vs In Gross

Affirmative vs Negative Easement

Affirmative: Right to go out and do something on another’s parcel

Negative: Right of holder to PREVENT servient landowner from doing something that’s otherwise permissible

• 4 categories of negative easements → “L.A.S.S.”

  SVLASW

  • Light

  • Air

  • Support

  • Stream of Water from artificial flow

  • Some states → Scenic View

• Sassy Vampires Love a Spooky Weekend

Appurtenant Easement

Benefits holder in use/enjoyment of own land (appurtenant to = “of benefit to”)

• 2 parcels of land must be involved

  • Dominant Tenement → derives benefit

  • Servient Tenenment → bears burden

Easement In Gross

Holder has personal or commercial advantage not linked to use/enjoyment of holder’s land

• easement holder may not even own land

• ONLY 1 Land invovled → servient/burdened land / no dominant tenement

ex. right to place billboard on another’s land; right to swim in neighbor’s pond; lay power lines

Transferability of Easements

• Appurtenant

• In Gross

App:

• benefit passes automatically w/ dominant tenement regardless of mention in grant of transfer

• burden passes automatically UNLESS owner is B.F.P. w/o notice

~ rules diff because usually only one pass at a time

In Gross: Not transferable UNLESS for commercial purposes

• considered “personal” to its owner

Ways to Create Easements

P.I.N.G.

• Perscription: need all 4 requirements (COAH)

  • Continuous: uninterrupted use for given statute’s period

  • Open and Notorious: must be visible

  • Actual:

  • Hostile: w/o servient owner’s permission

  • NO NEED TO BE EXCLUSIVE (unlike Ad. Poss.)

• Implication: from pre-existing use or w/out

  • From Pre-existing use

    • use prior to divison had to be apparent and continuous

    • parties must have reasoably expect prior use would endure

  • W/out any existing use

    • Subdivision plat → B gets implied easement to use street to access lot

    • Profit a Prende → impled E to pass over surface of servient land and use as reasonably necessary to extract mineral/resources as specified

• Necessity: implied when owner conveys portion of her land w/ no way out except over some part of grantor’s remaining land

• Grant: most common - “deed of easement”

  • In writing- signed by holder of servient tenenment

    • unless no SoF issue

    • writing must comply w/ requirements of deed

Scope of Easements determined how?

• burden of repair?

by grant or conditions that created it

• if not specified → reasonably imply sufficient scope

• unilateral expansion not allowed

Sole easement holders have burden to repair

• if both are users → split costs

Termination of Easements

“E.N.D. C.R.A.M.P.”

a) Estoppel: materially changing position on reasonable reliance on E holder’s assurances that easement no longer enforced

b) Necessity: easements created by necessity end when necessity ends UNLESS in writing

c) Destruction: of servient land UNLESS due to willful conduct of servient owner

d) Condemnation: of servient land by gov.

e) Release: in writing by E holder given to servient owner

f) Abandonment: E holder shows intent to never use again through physical action

• non-use or mere oral reps NOT ENOUGH

g) Merger: when title in easement and title to servient land held by same entity

h) Prescription: meeting COAH by servient owner if servient owner is interfereing w/ easement holders right to use/enjoyment

Common/Shared Easements:

• examples - called what?

• owned by who?

• rights to it?

• creation?

• running w/ land?

Wall erected partly on property of both adjoining land owners will be owned by each to the extent its in their land

• implied a “mutual cross-easement of support”

• Each party can use wall/driverway and neither can unilaterally destory it

• Can be created by:

  • Written agreement in in SoF;

  • implied or prescription

  • Get irrevocable license from detrimental reliance

• Burden and Benefits run w/ land if agree to mutually maintain it

Licenses defined

• revocability

• transferability

Servitude

Mere privilege to enter another’s land for narrow/delineated purpose

• freely revocable @ will of licensor unless estoppel applies

  • license w/ interest irrevocable as long as interest lasts

• personal and cannot be transferred ← attempt to do so will result in revocation by operation of law

Creation of License

information, no writing requirements (not subject to SoF)

an oral easement thats greater than a year auto creates license

• Most commonly seen in:

  • Ticket cases (ex. tickets to sporting event)

  • Neighbors talking by the fence

What happens when licensee reasonable relies on license?

When licensee has invested substantial money or labor or both in reasonable reliance on licenses’s continuation → creates easement by estoppel until reimbursed

Profits

• creation and termination

Type of Servitude

• Non-possessory property interest that entitles holder to enter servient land and take its resources

  • Can be appurtenant or in gross.

Creation: Same as easements “PING”

Termination: Same as Easements ““E.N.D. C.R.A.M.P.”

• Also can be extinguished through “surcharge” ← misuse that overly burdens servient estate

Restrictive Covenants defined

Type of servitude

• written promise to do or not do something related to land

  • NOT property interest → just contractual limitation

Restrictive Covenants Types

Negative “Restrictive Covenants” → promises to refrain from doing something

Affirmative → "promise to do something related to land

Steps to determine whether Restrictive Covenants Run w/ Land

• When a covenant runs w/ land it binds successors to the OG covenanting parties

Steps to determine Whether it runs w/ land:

1) Note benefitted side - note burdened side

2) Does burden bind to successor? → See “W.I.T.H.N.”

3) Does benefit bind to successor? → See “W.I.T.V.”

Restrictive Covenant: Requirements for a Burden to Run w/ land

1) Writing: OG Promise b/w OG parties (Burdened A1 & Benefitted B1) must have been in writing

2) Intent: A1 and B1 must have intended covenants would run (generally implied)

3) Touch & Concern: the promise must affect the parties in their use and enjoyment of their land

• benefits one and burden the other

4) Horizontal & Vertical Privity: both needed

• Horizontal → requires OG parties A1 and B1 have shared some interest in land independent of covenant @ time promise was made

  • ex. grantor-grantee, LL-tenant relationships

• Vertical → OG burderened (A1) and successor in interest (A2) have a non-hostile nexus

  • really only absetn if A2 got through adverse possession

5) Notice: Burdened A2 (successor) needs notice (actual, inquiry or record) of covenant/promise when she took

Restrictive Covenant: Requirements for a Benefit to Run w/ land

easier analysis

1) Writing: OG Promise in writing

2) Intent: that covenant would run

3) Touch & Concern: same analysis

4) Vertical Privity: ONLY

• Vertical → OG benefitted (B1) and successor in interest (B2) have a non-hostile nexus

Covenant vs Equitable Servitude

A single promise can create both a covenant and E.S → so comes down to the basis of relief sough

• Covenant runnning w/ land anaylsis→ if you want $ dmgs

• E.S analysis → if you want injunction

What is equitable servitude? What does it require for analysis?

technically a covenant

• promise that equity will enforce against successors regardles of whether it runs w/ land

Requirements for Granting Injunction (T.W.I.N.)

• Writing; Intent; Touch & Concern; Notice

  • Writing has Common Scheme Exception

• NO PRIVITY

Equitable Servitude Exception to Writing Requirement

Implied Equitable Servitude / General Common Scheme Doctrine → Applied when selling “lots” of land where some lots have covenant and others don’t AND there’s a common scheme

• Non-restricted lots will get an “implied reciprocal negative servitude” to hold them to the terms of the restriction even not in writing in their deed IF:

  • i) when sales began → subdivider has general/common scheme of development which included D’s lot; and

  • ii) D had some form of notice (a,i,r) when D took

Equitable Defenses to Enforcement of Equitable Servitude

a) Changed Conditions → when there’s such significant to where entire character of neighborhood changed that enforcement would be inquitable

b) Unclean Hands → party seeking enforcement is violating same covenant on own parcel

c) Benefitted Party wrongfully acquired

d) Estoppel → Benefitted Party acted as reasonably person believing covenant abandoned or waived

e) Failure to bring suit w/in reasonable time (laches)

Ways to terminate:

• Covenants?

• Equitable Servitudes?

Both: “MR Cow”

a) written release from benefit holders

b) merger

c) condemnation of burdened party

Adverse possession + elements

Possession for a set statutory time can ripen into title if elements are met (“OCEAN” + H) → will auto get title after meeting elements, can abandon after statutory period and will retain title

• Open and Notorious: visible, obvious enough to put owner on notice

• Continuous: uninterrupted use of typical type- can use tacking

• Actual: gain title only to as much as physicall occupy

  • unless “color of title”

• Exclusive: not sharing w/ rightful owner or public

• Hostile: “Claim of Right” w/o owner’s consent

When does Statute of limitation begin to run for adverse possession?

when true owner can 1st bring suit

“Color of Title”

Adverse Possession entered by invalid deed → deemed in constructive possession of all land deed described not just what was physically occupied

When is adverse possession put into chain of possession?

only if sue for quiet title for Adverse Possession

Tacking

adverse possessor may tack on to predecessor’s time as to meat statutory time requirment as long as there is privity b/w them

• priv. satisfied by any non-hostile nexus b/w possessors

  • ouster defeats privity

Will Statue of Limitations for Adverse Possession run against a holder of a future estate?

not until it becomes possessory / until right is asserted by grantory

will a covenant run through adverse possession?

Yes, but only if the adverse possessor complied with it

What’s the process for the conveyance - purchase/sale of real estate?

2-step process

Step 1: Land K → conveys equitable title; K law applies; dies @ closing

Step 2: Closing → deed conveys legal title and becomes the operative document; Property law applies

Time b/w lank K and closing = escrow

Land Sale Contracts Requirements

USE K LAW SO:

Statute of Frauds applies:

• K must be signed by party being sued

• must ID parties, desribe property, include price or means to determine price

  • if size of land overstated → specific performance w/ pro rata reduction in price

Exception to SoF → allow oral K enforcement: Part Performance

• oral K must be certain & clear; and

• Acts of B’s Partial Performance clearly prove existince of K (at least 2 of these required)

  • took possession of property;

  • paid purchase price or significant portion of price;

  • made substantial improvements

Land Sale Contracts- what effect does it have on:

• destruction/loss risk

• death of a party in escrow

B = equitable owner of land | S has right to personal property (the proceeds of the sale)

• Destruction/Loss if no fault of either party

  • B bears risk of loss UNLESS K says otherwise

  • S must credit any insurance proceeds

• Death of Party

  • B dies → pass equitable title to estate

  • S dies → pass interest (right to purchase price) to estate, must still sell to B

    • specifically interest goes to the beneficiary of personal property

Implied Promises in Land Sale Ks (List)

1) S will provide Marketable Title @ closing date

2) S will not make false statements of material fact

Note: No implied W of fitness or habitability UNLESS it’s sale of a newly constructed home → then builder warrants these

Land Sale Ks → Marketable Title

Title is free from reasonable doubt (litigation/threat of lawsuit)

Considered unmarketable if:

• Defect in chain of title (ex. adverse possession)

  • S must provide “Good Record Title”

• Burdensome Encumberances - unless waived

  • covenants, liens, mortagages

• Zoning Violation

  • mere present of zoning scheme not enough but if property violates a zoning ordinance then unmarketable

Land Sale Ks → False Statements of Material Fact

S liable for all material ommission of latent defects

~ can’t disclaim this

• Liable for failure to disclose if:

  • S knew or had reason to of the defects

  • S realized B unlikely to discover defects; and

  • Defect must be serious enough for B to reconsider purchase

“Time of Essense” in Land Sales K

• Generally time is NOT of essense in land sales K → closing date is not binding ~ just needs to be w/in reasonable time

• BUT will be liable if:

  • K states it is;

  • circumstances indivate an intent for it; or

  • one party gives other notice it is

Can Seller of Land retain liquidated damages?

Yes, if reasonable

Closing → Deeds Requirements

“LEAD” → Deed passing legal title must be:

• Lawfully executed; AND

  • in Writing - signed by Grantor

  • unambiguous description of land

    • can use parole evidence rule to clear

    • if insufficient grantor retains title

  • ID parties by name or description

    • may fill this in to make valid

  • Include words of intent to transfer (ex. grant)

• Delivered

  • May be physical transfer → but not required

  • Ask: Did Grantor have present intent to be bound?

    • extrinsic evidence allowed to show

  • Acceptance presumed- but express rejection defeats delivery

  • any oral condition unproveable & unenforceable

Closing Deed Delivery through 3rd Party Rules

valid if instruction to deliver are included

• conditions allowed → once met title passes

• grantor bound by his own written instructions to 3rd P

• Delivery to a donee → if condition is death, grantor can’t get deed back

Types of Deeds

1) Quitclaim Deeds

2) General Warranty Deeds

3) Special Warranty Deeds

“Covenants for Title” in Quit Claim Deeds

no covenants for titel - not even promising grantor has title to convey

worst deed

“Covenants for Title” in General Warranty Deeds

Best Deed → warrants against ALL defects in title, incuding those by grantor’s predecessors

Contrains all 6 covenants, present and future

• Present:

  • Covenant of Seisin

  • Covenant of right to convey

  • Covenant against encumberances

• Future:

  • Covenant of Quiet enjoyment

  • Covenant of Warranty

  • Covenants for further Assurances

All the “covenants for title” that can be found in deeds

• Present: only can be breached @ time of deed delivery

  • Covenant of Seisin:

    • Grantor owns both title and possession of estate

  • Covenant of right to convey:

    • Grantor has power to make converyance

  • Covenant against encumberances:

    • no encroachments, servitudes, liens on land (even if visible to Buyer)

• Future: run w/ land

  • Covenant of Quiet enjoyment:

    • No 3rd party lawful claims of title

  • Covenant of Warranty:

    • Grantor will defend against reasonable claims of superior title brough by 3rd Ps and compensate for any loss subtained by the claim

  • Covenants for further Assurances:

    • Grantor will do whatever to perfect title

“Covenants for Title” in Special Warranty Deeds

Same as general deed but warrants only on behalf of SELF → NOT predecessors

Contrains all 6 covenants, present and future

• Present:

  • Covenant of Seisin

  • Covenant of right to convey

  • Covenant against encumberances

• Future:

  • Covenant of Quiet enjoyment

  • Covenant of Warranty

  • Covenants for further Assurances

Defective Deeds - Types?

a) Void deeds → forged, never delivered, issued by nonexistent grantee

• will be set aside by court even if BFP

b) Voidable Deeds → executed by minors, incapacited persons, duress, undue influecne, mistake

• set aside UNLESS already passed to BFP

Conflict of Law for Property? what law applies to conveyance of land/

• Real property → Law of state where property located

• Will issues → Law of state of domicile @ death

When the same parcel is conveyed to multiple people → who wins?

Recording Acts determine → any interest in land can be recorded which gives notice to the world that title transferred

Types of Recording Acts and how to win in each

1) Race Juridction: whoever records 1st wins

2) Notice Jurisdiction: last B.F.P. to take wins

3) Race-Notice Jurisdiction: first B.F.P. to record wins