Present & Future Estates
This type of freehold estate is potentially infinite in duration and freely alienable.
What is a fee simple absolute?
A lease with a fixed start and end date is called this
What is a tenancy for years?
Under this doctrine, oral land sale contracts can be enforced if the buyer acts in reliance.
What is part performance?
A deed is valid only when it is this and delivered.
What is signed (executed)?
This equitable right allows a borrower to pay off the mortgage and avoid foreclosure.
What is the right of redemption?
An easement that benefits a specific parcel of land is called this.
What is an easement appurtenant?
This future interest is retained by a grantor who conveys a lesser estate and may cut short the estate upon a condition.
What is a possibility of reverter?
This implied warranty requires the premises to be fit for basic human habitation.
What is the implied warranty of habitability?
A valid land contract must satisfy this legal doctrine.
What is the Statute of Frauds?
This rule protects subsequent purchasers who record without notice of prior claims.
What is the notice or race-notice recording act?
A deed that appears absolute on its face but is intended as security is treated as this.
What is an equitable mortgage?
This type of easement arises from long, open, and continuous use.
What is a prescriptive easement?
"To A for life, then to B" gives B this type of future interest.
What is a vested remainder?
A landlord may evict a tenant without legal process under this doctrine.
What is self-help, which is prohibited in most jurisdictions?
Between contract signing and closing, equitable title passes to the buyer under this rule.
What is the doctrine of equitable conversion?
A forged deed is considered this.
What is void (and conveys no title)?
A mortgage recorded first generally has this status.
What is priority?
A covenant "running with the land" must satisfy this requirement.
What is horizontal and vertical privity?
A contingent remainder requires these two elements to vest.
What are (1) an ascertainable person and (2) no condition precedent?
A tenant who stops paying rent and vacates the premises before the lease ends is said to have done this.
What is abandonment?
Marketable title must be free from these defects at closing.
What are reasonable doubts about ownership or encumbrances?
If a grantor conveys land twice, the second buyer wins only if this applies.
What is the recording act protection?
A buyer who assumes the mortgage is personally liable; otherwise, this applies.
What is "subject to" the mortgage (no personal liability)?
This arises when a landowner permits another’s use and then changes position.
What is an easement by estoppel?
This rule invalidates interests that may vest too remotely, more than 21 years after a life in being.
What is the Rule Against Perpetuities?
This occurs when a tenant is wrongfully excluded from possession or the premises become uninhabitable.
What is constructive eviction?
This remedy allows a buyer or seller to force completion of the land sale.
What is specific performance?
A deed must adequately describe this for it to be enforceable.
What is the property being conveyed (legal description)?
A foreclosure sale cuts off this party’s rights.
What are junior lienholders?
This equitable servitude allows enforcement of use restrictions in subdivisions.
What is the common scheme doctrine?