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Real Property w Some Things that were missing from mine

Terms in this set (95)

1. 2 or more owners with the right of survivorship
2. RIght of survivorship: one JT dies, his share goes automatically to the surviving JT; grantor must clearly express, b/c JT are disfavored
i. MBE: use of straw: O has to convey to strawman who then conveys back to O and A to create the JT
ii. NY: by statute: no need for straw: O can convey it himself
3. Alienable but NOT devisable or descendable
4. Creating: 4 unities: T-TIP
i. T: at the same time
ii. T: by the same title (instrument)
iii. I: identical shares
iv. P: right to possess whole
5. Severance of JT: SPAM(sale, partition,andMortgage)
i. Severance and sale: a JT can sell or transfer her interest during lifetime, w/o knowledge or consent of the other JT
a. But it SEVERS the JT as to seller interest and therefore the buyer is a TIC(doesnt effect other JTS)
b. doctrine of equitable conversion:"equity regards as done that which ought to be done":JT mere act of entering into a K for sale of her share will sever the JT as to the contracting parties interest
ii. Severance and partition:
a. By voluntary agreement
b. partition in kind: court action for physical division of blackacre if in best interest of all(rural, sprawling acre)
c. forced sale: court action if in the best interest of all where blackacre is sold and the sale proceeds are divided (single building)
iii. severance and mortgage: one JT execution of a mortgage or a lien on his or her share will sever the JT as to that now encumbered share ONLY in: a min of states who follow title theory of mortgages; Maj and NY: lien theory:whereby a JT execution of a mortgage on his or her interest will not sever the J/T(all creditor has is a lien, not title)
1. when lease is silent:
i.standard: maintanence: T must maintain the premises and make routine repairs(fix a clogged toliet), Not ordinary wear and tear(replace dull tiles)
ii. T must not commit waste
a. voluntary: overt destruction
b. permissive: neglect
c. amerliorative: changes that increase the value
iii. Law of fixtures: when a T removes a fixture: commits voluntary waste
a. fixture: once moveable chattel(thing) that, by virtue of its annexation to realty: OBJECTIVELY shows intent to permanately improve realty(ex: furnace, custom storm windows, heating systems, certain lighting fixtures)
b. so: T MUST NOT remove a fixture, no matter that she installed it b/c FIXTURES PASS WITH OWNERSHIP OF LAND
c. when does T installation=fixture?
1. express agreement controls: any agreement btwn L and T is binding (freedom of K)
2. when no agreement, T may remove chattel that she has installed so long as: removal does not cause sub. harm to premises( what you will likely see); if removal will cause sub. damage, then in objective judgment T has shown: intent to install fixture and the fixture stays put
2. When T expressly convented in the least to maintain the property in good condition for the duration of the lease:
i. CL, Historically: T was liable for any loss to property including loss due to force of nature
ii. maj: T may end lease if premises are destroyed w/o fault
a. NY: absent a tenants express undertaking to restore premises in the event of their destruction, if the premises are destroyed through no fault of the T, T may quit the premises and surrender possession w/o any further duty to pay rent