Property

Deed Warranties Tenancy by the Entirety Rights and Duties of Joint

Joint Tenancy
-Right of Survivorship
-Creation:
-4 Unities: Time, Title,
Interest, Possession
-Must be express
-Most states req. straw
man (not FL)
-Severance:
-Voluntary
-Mortgage
-Title state– at inception
-Lien state– at foreclosure
Present Covenants:
-Covenant of Siesin
-Right to convey
-Against encumbrances
Future Covenants:
-Covenant of Quiet enjoyment
(no one else can claim)
-Covenant of Warranty (will
protect against 3rd party claims)
-Covenant of Further Assurances
(will do whatever administrative
stuff to perfect title)
-J/T for married man and woman
-Right of survivorship
-Cannot be messed w/ unilaterally
-Not accessible to 1 party’s
ceditors
-If tried and done wrong=T/C
Ownership
-No duty to pay rent without ouster
-Duty to account for all profits directly from the
land (not value added by c/t)
-Contribution: reimbursement for carrying
costs, maintenance w/ notice
-Partition:
-Forced Sale (proportionate w/ improvement)
-In Kind (w/ Owelty)

Scope of Easements Equitable Servitudes Covenants Common Scheme

Burden/Intensity of Use: -Allow for Injunction -Allows for Damages -Makes burden and benefit run w/ all land
-Reasonably foreseeable w/ -Elements: -Elements: in area subject to common scheme (all
passage of time -Written -Written members have standing)
Only for Benefit of Dominant -Intent to run w/ land -Intent to run w/ land -Can only be enforced against one w/
Estate -Touch and Concern -Touch and Concern notice (can be inquiry)
Termination: -Notice -Horizontal and Vertical Privity -Identification:
-Abandonment (intent to abandon -Notice -Suitable number are subject to
+ nonuse) covenants
-Purpose ends -Registration of plat as subdivision
-Merger -Promotional materials
-Estoppel (reverse of creating
irrevocable lic.)
-Prescription
-Recording acts

Easements Private/Public Nuisance Termination of R. Covs and

Appurtenant – Running w/ land
In Gross – Personal
Types:
Prescriptive:
-Continuous, open adversarial use for the
statutorily prescribed duration
Express:
-Written, reservation to non-stranger ok; exception
not, minority: deed stranger ok
Implied by Prior Use:
-From common ownership
-Use was in place prior to split
-Use was apparent
-Use must be pretty necessary to enjoy
Implied by Necessity:
-Common initial ownership
-Split creates the need
-Strictly necessary to use property
Marketable Title
-Title that a reasonable person would
take w/o doubt
Things that raise doubts:
-Undisclosed and unwaived encumber.
-Chain of Title defects
-Government Zoning violations
Must give time to cure
Eq. Servs
Public: interferes w/ public right -Terms of agreement
-Determination: Signif. Interference w/ public health, -Merger
safety, peace, comfort, convenience -Unclean Hands
-Standing: Must have diff. kind of injury, not just diff. -Acquiescence – personal tolerance
degree of that type of violation
Private: interfere w/ PL enjoy of land -Abandonment – widespread
-Substantial (reasonable person would consider substantial) unclean hands and acq. Drastic
-Unreasonable change in hood
-Balance harm vs. social utility -Laches – failure to timely bring
-Greater harm than PL should bear uncompensated? complaint on specific violation
-Cost of PL compensation won’t preclude activity -Changed Conditions – no longer
-Can avoid harm w/o DF hardship serves intended purpose
-Balance suitability to locale -Relative Hardship
-Remedy: Injunction or Damages based on balancing -Recording Acts
equities: -Eminent Domain
-damages: high social utility, can’t prevent
interference
-injunction: harm outweighs benefits
Caveat Emptor Recording Statutes Community Property
-Allows buyer rescind K/dmgs -Wild Deeds – deeds cut off from the -Both parties have a full interest in
-Cannot misrepresent or chain of title by a non-recorder all property acquired during
actively conceal material are not considered recorded marriage (minus gifts,
defects -Race: First purchaser to record wins inheritance, profit from pre-
regardless of notice marriage property)
-Majority: must disclose -Notice: Last BFP to purchase w/o -Upon Death/Divorce each party
material latent defects notice wins gets ½ interest; can will the other
-Some cts: off site too -Race Notice: First BFP to record w/o
notice wins
ONLY PROTECTS
PURCHASERS FOR VALUE