post midterm

elements

100

real covenants at law

1. writing complying with the statute of frauds
2. notice to servant estate
3. intent to run
4. touch and concern
5. privity (H&P)
6. reasonable?

200

equitable servitudes

1. writing complying with the statute of frauds
2. notice to servant estate
3. intent to run
4. touch and concern
5. reasonable?

300

a deed must.... 

-describe the parties to the sale
-describe the property
-state the grantor's intent to sell
-signed by the party trying to enforce it against
- to be delivered by the owner of a third party to the buyer to ensure the owner really intended to sell the property
-does not have to be recorded

400

implied reciprocal negative servitudes

1. When an owner sells a number of parcels with evidence of intent to create a common plan or scheme of development then

   1. Covenants made to the seller benefit all parcels within the plan

   2. And all parcels within the plan are bound by the covenants

      1. Applies when an owner if real property subdivides it into lots abd sells a substantial number of those lots with restrictive covenants designed to further the owner’s general plan of scheme of development 

500

ameliorating waste

If the life tenants actions fundamentally change the character of the property, but increases rather than decreases the utility or value of the property

defenses

100

relative hardship doctrine

1.  A covenant will not be enforced if the harm caused by enforcement, that is, the hardship to the owner of the servient estate, will be greater by a “considerable magnitude” than the benefit to the owner of the dominant estate

200

estoppel

An owner of a dominant estate who orally represents to the owner of a servient estate that she will not enforce the covenant may be estopped from asserting her interests in enforcing the covenant if the owner of the servient estate changes his position in reliance on the oral statement

300

laches

If the covenant has been ignored or breached for a substantial period of time – but less than the time necessary to establish prescriptive rights – the court may find that unexcused delay in enforcing the covenant prompted investment in reliance on the failure to object to the violation and that enforcement of the covenant would be unconscionable

400

injunctive relief of covenants

o Character of the interest protected
o Relative adequacy to the P of injunction in comparison of other remedies
o Delay, if any, in bringing the suit
o Misconduct of the P, if any
o Interest of Third Parties
o Practicability of granting and enforcing the order or judgment
o The relative hardship likely to result to the defendant if an injunction is granted and to the P if it is denied

500

foreclosure procedure

• Sale has to be publicly noticed
• Buyer may bid on the property (to make price higher)
• Some states limit deficiency judgments
• Some states allow the ability to collect the deficiency from the borrow, but other states see it as two bites at the apple
• Some states allow the borrower to sue the lender if the lender buys the property at a low price and sells it for a high price (unjust enrichment)
• Borrower can set aside the sale if price is grossly inadequate and if there are irregularities in the sale proceedings
• If there is only one lien on the property, anything in excess is returned to the borrower less costs
• If there are multiple lien holders, the first recorded deeds have priority

vibes

100

changed conditions doctrine

Covenants will not be enforced if conditions have changed so drastically inside the neighborhood restricted by the covenants that enforcement will be of no substantial benefit to the dominant estate

200

homestead laws

Designed to protect the interest of a surviving spouse and children in the family home from the claims of creditor of the deceased spouses

300

factors to show a common plan

  Presence of restrictions in all or most deeds to property in the area (uniform pattern of development)

· A recorded original plat showing the restrictions

· The presence of restrictions in the last deed

·   Observance by owners of similar development of their land and conformity to the written restrictions – General character of the neighborhood

·  Language stating that the covenants are intended to run with the land

·  Recording of a declaration stating that the covenants are intended to be mutually enforceable

·  Advertising could establish a common plan

400

RAP only applies to...

1. Executory interests 

2. Contingent remainders

3. Vested remainders subject to open

500

remedies when tenant fails to pay rent

o Possession and back rent (rent owed + eviction)
o Holdover tenant/renewal ; don't accept rent checks or you are renewing
o Self-help is NOT allowed
o Summary Process

nobody knows

100

ways to terminate covenants

1. Ways to terminate covenants

   1. Language in the instrument

   2. Merger

   3. Release

   4. Prescription

200

doctrine of waste

seeks to mediate conflict by preventing present possessory interests from unreasonably damaging the estate

300

remedies under warranty of habitability

· Rescission, or the right to move out before the end of the lease term

·  Rent Withholding:

·  Rent Abatement

·  Repair and Deduct

·  Injunctive relief or Specific performance

·  Administrative Remedies

·  Criminal Penalties

compensatory damages

400

horizontal privity

1. one piece of property is burdened for the benefit of another and these benefits and burdens run to succeeding owners of both parcels (vertical privity)

   1. Horizontal regulates the relationship between the original covenanting parties

500

quitclaim deed

no promises and no guarantees; it is the sale of whatever the seller owns

idk really

100

4 main types of tenancy

term of years

periodic tenancy

tenancy at will

tenancy at sufferance

200

types of recording acts

race statutes

notice statutes

race-notice statutes

300

shelter doctrine

allows BFPs who are entitled to property under Race-Notice or Notice statute to transfer property to subsequent buyer who may know about earlier conveyance

400

vertical privity

 means that the original covenanting parties transferred their interests to the subsequent possessors of the parcel

500

protections for mortgagees

foreclosure and deficiency judgment