MBE Real Property

Concurrent estate

"co-tenancy" ownership or possession of real property by two or more persons simultaneously most common concurrent estates are tenancy in common, joint tenancy, and tenancy by entirety basic rule - concurrent owners each have equal right to use or possess whole property (unity of possession) exception - concurrent owners can contract out of basic rule

Fee simple subject to executory interest

"fee simple subject to executory limitation", "fee simple determinable subject to an executory interest" present fee simple estate that is limited in duration by either conditional language or durational language, such that it will terminate upon occurrence of specified condition, and title will pass to third party (i.e., someone other than grantor) upon occurrence of stated condition, present fee simple terminates automatically; future interest held by third party is executory interest

Partition (effect)

"partition in kind" action (physical division) - court divides jointly owned property into distinct physical portions; if physical division of property is 1) not practicable or 2) not fair to all parties, court may order partition by sale "partition by sale" - proceeds from sale are distributed among co-tenants in accordance with their ownership interests courts prefer partition in kind

Reversion

"reverter" future interest held by grantor who grants life estate or estate for years but does not convey remaining future interest to third party not subject to RAP

Right of entry

"right of reentry," "power of termination" future interest held by grantor after fee simple subject to condition subsequent is granted; grantor must reclaim, not automatic this right is devisable and descendible, but it cannot be transferred during owner's lifetime; owner may waive this right, but mere failure to assert it does not constitute waiver

RAP (when, what, who)

1) WHEN - identify when interests are created 2) WHAT - determine if interests created are subject to RAP 3) WHO - identify relevant validating lives

RAP (exceptions) (2)

1) charity-to-charity exception - if property passes from one charity to another charity, then interest of receiving charity is not subject to RAP RAP does apply to transfers of property between charity and non-charity 2) current tenant's option exception - RAP does not apply to option to purchase property that is held by current leasehold tenant; if current tenant can transfer such option, then this exception does not apply to subsequent holder of purchase option

Vested remainder subject to open

1) conveyance grants remainder to class of grantees and at least one of grantees receives vested remainder at time of conveyance, and 2) property interest is uncertain because other grantees may become vested and able to share in grant if no one in class has vested, remainder is contingent when all members of class are identified, class is closed once class closes, any person who might otherwise have become class member (e.g., later-born siblings) cannot claim interest in property as class member; those already in gestation upon closing are included in class RAP applies to vested remainder subject to open "to B for life, and then to B's children as they turn 18"; B has 2 children upon death, 1 is 20 years old

How to spot a waste problem?

1) do multiple parties have simultaneous interests? (life tenant/remainder, future interests, landlord/tenant)? 2) is there a change in value of property due to actions/inaction of party in possession? 3) will waste substantially change interest taken by party out of possession?

FHA (exemptions)

1) owner-occupied buildings with no more than 4 units - Ms. Murphy's Boarding House 2) single-family housing sold or rented without use of broker

RAP (class gifts - exceptions) (2)

2 main exceptions: 1) transfers of specific dollar amount to each class member 2) transfers to subclass that vests at a specific time any person who is entitled to transferred interest is not prohibited from taking that interest simply because there are other members of class who are prohibited from taking interest

FHA (prohibited practices)

FHA prohibits taking any of following actions on basis of protected characteristic: 1) refusing to rent or sell, 2) making housing unavailable, 3) providing different housing services or facilities, 4) setting different terms for sale or rental of dwelling, 5) falsely denying that housing is available, 6) refusing to make mortgage loan or imposing different terms or conditions on loan, 7) refusing to allow disabled tenant to make reasonable modifications to dwelling or common-use areas at his own expense, 8) refusing to make reasonable accommodations in rules, policies, practices, or services if necessary for disabled person to use housing (e.g., refusing to allow visually impaired tenant to keep guide dog in apartment with "no pets" policy), 9) threatening, coercing, intimidating, or interfering with anyone exercising fair housing right, and 10) advertising or making any statement that indicates limitation or preference based on protected characteristics

FHA (enforcement and compliance)

U.S. Department of Housing and Urban Development (HUD) plays lead role in administering FHA person who believes that violation of FHA has occurred may file complaint with HUD and/or file suit in federal court (court-appointed attorney may be available) available relief includes actual damages (including humiliation, and pain and suffering), injunctive or other equitable relief (such as making housing available), and reasonable attorney's fees and costs if case is resolved by administrative hearing, then civil penalty to vindicate public interest may be assessed federal court may award punitive damages

Partition (agreement not to partition)

agreement by co-tenants not to seek partition is enforceable agreement must be: 1) clear, and 2) time limitation must be reasonable

FHA (intent)

allows for both intent (disparate treatment) and effect (disparate impact) cases

FHA (occupancy restrictions)

although FHA prohibits discrimination on basis of familial status, it does exempt reasonable zoning restrictions based on maximum occupancy zoning restriction that permitted unrestricted number of family members to live together while restricting number of unrelated persons who could live together did not qualify for this exemption compare with constitutional discrimination - under 14th A, local occupancy restriction on unrelated individuals is only subject to rational-basis test

RAP (common violations - fertile octogenarian)

anyone, regardless of age or physical condition, including 80-year-old woman is deemed capable of having children for purposes of RAP; some states have set age limit (e.g., 55 years old) beyond which it is rebuttably presumed that woman cannot have child

Grantee

buyer or recipient of property

Rule of convenience (ROC)

class closing mechanism to avoid application of RAP to class gift if grant does not have express closing date, ROC class closes when any member of class becomes entitled to immediate possession of property

Operating expenses

co-tenant can collect contribution from other co-tenants for paying more than his portion (divided based on ownership interests of each co-tenant) of necessary or beneficially spent operating expenses (e.g., taxes or mortgage interest) co-tenant in sole possession can collect only for amount that exceeds rental value of property

Repairs

co-tenant does not have right to be reimbursed by other co-tenants for repairs made to property, even when those repairs are necessary majority view - contribution for necessary repairs can be compelled in actions for accounting or partition, as long as other co-tenants have been notified of need for repair

Right to possess (natural resources)

co-tenant is entitled to land's natural resources (e.g., timber, minerals, oil, gas) in proportion to her share

Third-party rents

co-tenant must account to other co-tenants for rent received from third parties, but she can deduct operating expenses when calculating net proceeds Third-party rents are divided based on ownership interest of each tenant

Rule in Shelley's Case

common law - prevented contingent remainders in grantee's heirs by defeating grantor's intent and changing interest that grantor purported to give to grantee and his heirs to vested remainder in grantee; changes state of title to two successive freehold estates in grantee under doctrine of merger, both present and future interests are merged so that grantee takes in fee simple absolute most states today - abolished rule in Shelley's case; parties now take present and future interests according to language in deed

FHA (complaint process)

complaints filed with HUD are first investigated by Office of Fair Housing and Equal Opportunity (FHEO); there must be causal connection between prohibited behavior and alleged violation; if FHEO finds reasonable cause to believe that discrimination occurred, then case goes to administrative hearing within 120 days, unless either party elects for case to be heard in federal court before administrative hearing is ordered, HUD attempts to reach agreement among parties, and any conciliation agreement will cease action on complaint for conciliation agreement to cease action on complaint, it must protect both complainant and public interest breach of conciliation agreement may result in suit by attorney general

Class gift

consists of group of unspecified persons whose number and identity and share of interest is determined in future (e.g., at death of donor)

Lease

contract that contains covenants of landlord and tenant each party must perform his promises regardless of whether or not other party performs his promise

Tenancy in common

default for tenancy with 2 or more grantees; equal right to possess or use property but no right of survivorship each co-tenant holds separate but undivided interest with unrestricted rights to possess whole property regardless of size of interest each co-tenant can devise or freely transfer his interest to anyone each co-tenant may also transfer interest to another by lease; other co-tenants are entitled to share possession with lessee and receive share of rental profits from lessor-tenant most states - there is presumption that conveyance to two or more persons creates a tenancy in common rather than a joint tenancy

Shifting executory interest

divests interest of grantee by cutting short prior estate created in same conveyance; estate "shifts" from one grantee to another on happening of condition A conveys "to B and his heirs, but if C returns from Paris, then to C" grantor + grantee + grantee

Springing executory interest

divests interest of grantor or fills gap in possession in which estate reverts to grantor Oliver conveys Blackacre "to Anna for life, then to Ben one year after Anna's death" grantor + grantee

Conflict of laws (law of situs - exceptions - effect of marriage

effect of marriage on interest in land owned by spouse at time of marriage or acquired by spouse during marriage is generally governed by conflict-of-laws rules of situs state law of situs generally governs interests in land owned by spouse at time of marriage when dealing with property acquired during marriage, law of spouses' domicile when property was acquired determines whether property is marital or separate property, and law of situs determines rights of third party (e.g., creditor) to property with regard to existence and extent of common-law or statutory interest, including forced share interest, of surviving spouse in land of deceased spouse, general rule applies

Tenancy for years

estate measured by fixed and ascertainable amount of time; may be any length of time

RAP (trust interests)

even though beneficiary of trust holds only equitable interest in trust property, such interest may be subject to RAP

Improvements

except in actions for accounting or partition, co-tenant does not have right to reimbursement for improvements made to property when third party is occupying property, co-tenant who collects rent from third party can subtract expenses for necessary repairs from rent received before sharing rent with other co-tenants

RAP (common violations - defeasible fee followed by executory interest)

executory interest that follows defeasible fee violates RAP, unless there is time limit on the vesting of executory interest that satisfies RAP if limit on defeasible fee is durational, then striking of executory interest leaves grantor with possibility of reverter; if limit on defeasible fee is condition subsequent, then striking of executory interest leaves holder of defeasible fee with fee simple absolute interest in property

Joint tenancy

exists when two or more individuals own property with right of survivorship (i.e., upon death of joint tenant, interest terminates and automatically goes to surviving joint tenants) to create joint tenancy: 1) grantor must make clear expression of intent to make one, and 2) must be survivorship language - "as joint tenants with a right of survivorship"

Conflict of laws (law of situs - applicability)

following real property issues are usually governed by general rule: 1) validity of and rights created by contract for transfer of interest in land by sale or lease, 2) whether conveyance (e.g., deed) transfers interest in land, and nature of interest transferred (e.g., fee simple absolute, easement, real covenant), 3) whether there has been transfer of interest in land by operation of law (e.g., adverse possession, prescription), and nature of interest transferred, 4) whether lien (e.g., mortgage) creates interest in land, and nature of interest created, 5) method for foreclosure of mortgage on land and resulting interests, 6) whether interest in land has been transferred by exercise of power created by operation of law (e.g., transfer of land by executor of will) or power of attorney, and nature of interest transferred, 7) existence and extent of equitable interest in land, 8) passage of interest in land upon death of owner by intestate succession, and 9) whether interest in land escheats to state

Fee tail

freehold estate that limits estate to grantee's lineal blood descendants by specific words of limitation (e.g., "heirs of body") eliminated in most states

Remainder

future interest created in grantee that is capable of becoming possessory upon expiration of prior possessory estate of known fixed duration that is created in same conveyance in which remainder is created (life estate) can be either vested or contingent cannot follow a vested fee simple; future interest following fee simple would have to divest prior interest (fee simply) but remainder does not function that way because it waits for prior interest to end RAP generally applies only to contingent remainders

Executory interest

future interest held by third party in fee simple subject to executory interest

Executory interests

future interest in third party that is not remainder and that cuts prior estate short upon occurrence of specified condition transferable inter vivos in most jurisdiction, devisable, and descendible subject to RAP any interest held by third party that follows fee is always executory interest because remainder never follows fee

Fiduciary obligation of co-tenants

general rule - co-tenants do not owe fiduciary duties to each other exception - co-tenants who became co-tenants at same time (e.g., by same deed or will) can have fiduciary obligation to each other, such that if one co-tenant buys back his property at tax or mortgage foreclosure sale, other co-tenants can reacquire their original interests by paying their due contributions co-tenants share duty of fair dealing, such that acquisition by one co-tenant that affects estate owned by all co-tenants is considered acquisition by all co-tenants

Conflict of laws (law of situs - exceptions - collateral issues)

if action regarding real property rights involves collateral issue, then conflict-of-laws rule of situs state may apply law of state with most significant interest when determining collateral issue

RAP (effect of violation)

if future interest fails to satisfy RAP, then only offending interest fails in rare case when the voiding of future interest undermines grantor's intent, entire transfer is voided

Conflict of laws (law of situs - exceptions - documents that specify applicable law)

if instrument that conveys interest in land or will that devises interest in land designates application of specific jurisdiction's laws, then those laws generally apply otherwise, if state has more significant relationship to transaction and parties than situs state, that other state's laws should be applied this modified rule also applies to covenants of title, real covenants that directly affect transferred land, or agreement to assume mortgage

RAP (common violations - unborn spouse)

if interest following widow's life estate cannot vest until widow dies, then it violates RAP

RAP (common violations - conditional passage of interest)

if there is condition imposed on passing of future interest subject to RAP that is not confined to specified time limit that meets RAP's testing period, such as probating will or termination of current military conflict, then future interest runs afoul of RAP

RAP (class gifts)

if transfer of future interest is made to class and RAP voids transfer to any member of class, then transfer is void as to all class members, even those whose interests are already vested - "all or nothing" rule

RAP (common violations - survival beyond age 21 condition)

if transfer to class is conditioned on class members surviving to age beyond 21 and class is open, then transfer to class violates RAP

Vested remainder subject to complete divestment

indicates that occurrence of condition subsequent will completely divest remainder interest "to B for life, and then to C; but if C has no children, then to D's children"

RAP (when)

inter vivos transfers - interests created at time of grant devise - interests created at testator's death

Future interest

interest in presently existing property or in gift or trust, which may commence in use, possession, or enjoyment sometime in future

Vested remainder

interest that is: 1) given to ascertainable grantee (someone who can be identified), and 2) not subject to any conditions precedent (no condition that must be satisfied in order for interest to vest) if remainder fails to meet either 1) or 2), it is a contingent remainder if holder of vested remainder dies, interest passes to holder's heirs fully transferable inter vivos, devisable by will, and descendible by inheritance "to B for life, and then to C and his heirs"

Conflict of laws (law of situs - exceptions - foreclosure-related rights)

issues that relate to foreclosure but do not affect interest in land (e.g., mortgagee's right to hold mortgagor liable for any deficiency remaining after foreclosure, or to bring suit upon underlying debt without having first proceeded against mortgaged land) are determined by law that governs debt for which mortgage was given, which is law of state that has most significant relationship to transaction and parties

Tenancy by entirety

joint tenancy between married persons with right of survivorship same rules for joint tenancy apply to tenancy by entirety, plus joint tenants must be married when deed is executed or conveyance occurs (unity of person - PITTP) neither party can alienate or encumber property without consent of other tenancy by entirety is recognized in many jurisdictions, but not in community-property states

Joint tenancy (severance - judicial lien)

judicial lien - typically imposed as consequence of adverse judgment against joint tenant stemming from contractual or tort liability most states - judicial lien imposed on property interest of joint tenant does NOT sever joint tenancy; must be levy and sale of property interest to effect severance if joint tenant against whose property interest lien is imposed dies prior to sale, remaining joint tenants are entitled to that property interest by right of survivorship

Conflict of laws (law of situs)

law applied by forum court should be determined by conflict-of-laws rule that would be applied by courts of state where property is located (i.e., situs) usually, conflict-of-laws rule of situs state directs application of its own local law on that issue (i.e., law of the situs) in resolving matter compare with jurisdiction - to hear case, forum court must have both SMJ and PJ over parties; if action involves interests in land located in state, such as action for partition or to quiet title, then state court has in rem jurisdiction to decide those interests, even if court lacks PJ over parties claiming an interest in property

Life estate (measuring life is third party)

life estate measured by the life of third party is called "life estate pur autre vie" "to A for life of B"

Life estate (rights and obligations)

life tenant has right of possession, right to all rents and profits during possession, and right to lease, sell, or mortgage property (right of alienation) life tenants have obligation to pay all ordinary taxes on land and interest on mortgage; if property is not producing an income, life tenant is responsible for taxes and mortgage interest to extent of reasonable rental value of land life tenant also has duty not to commit waste life tenant is under no obligation to insure land for benefit of remainderman and is not responsible for damage caused by third-party tortfeasors life tenant is responsible only for interest of mortgage on life estate, whereas remainderman is responsible for mortgage itself

Doctrine of waste

life tenant must deliver property in essentially same condition that it was in when she took possession holder of future interest in property (e.g., remainder, executory interest, reversion) may enter land to inspect for waste, and she may seek damages and injunction to prevent waste doctrine also comes into play with abuse or alteration of real property by any person who is not holding fee simple (and is not a trespasser) doctrine is not unique to estates and future interests; can also apply to: 1) landlord vs. tenant 2) co-tenant out of possession vs. tenant in possession 3) mortgagee vs. mortgagor

Joint tenancy (severance - inter vivos transfer)

lifetime transfer by joint tenant of property interest effects severance of joint tenancy; destroys right of survivorship and converts estate into tenancy in common

Joint tenancy (severance - mortgages)

majority - lien theory states - mortgage is only a lien on property; granting of mortgage does NOT sever joint tenancy, and severance occurs only upon foreclosure sale following default minority - title theory states - granting of mortgage by joint tenant constitutes transfer of title; joint tenancy is between mortgagee and other joint tenants, and it is severed and converted into tenancy in common; if there is more than one remaining joint tenant, however, they continue to hold their property interests with each other as joint tenants

RAP (statutory changes - "wait and see")

majority of states - adopted Uniform Statutory Rule Against Perpetuities, which adopts "wait and see" stance with respect to the applicability of RAP - otherwise invalid interest is valid if it does in fact vest within 90 years of its creation few states - simply repealed RAP altogether

Survivorship contingency

majority view - if survivorship contingency is stated in conveyance, then contingency applies at termination of interest that precedes distribution of remainder minority approach - interprets survivorship contingency to require surviving only the testator and not life tenant

Fee simple absolute

most common form of property ownership and broadest ownership interest recognized by law absolute ownership of potentially infinite duration, is freely alienable (i.e., easily bought or sold), and has no accompanying future interest does not terminate unless owner dies intestate without heirs, in which case property escheats to state "and to his/her heirs" or presumption if language is ambiguous; don't be fooled by words of intent or purpose (precatory language)

Joint tenancy (severance - contract to transfer - one joint tenant)

most states - joint tenant may effect severance by executing contract to convey his property interest

Creditors reaching interests

most states permit any transferable future interest to be reached by creditors, except for those interests held by unascertainable or unborn persons

Freehold estate (elements) (2)

must be: 1) immobile (either land or some interest derived from or affixed to land), and 2) for indeterminate duration (as opposed to leasehold, which is for limited duration)

Doctrine of waste (ameliorative waste)

occurs when change in use of property increases value of property common law - life tenant was prohibited from engaging in acts that changed property's value (even those that enhanced value), unless all future interest holders were known and consented majority rule now - life tenants may physically alter structures on property when a substantial and permanent change in neighborhood surroundings makes it necessary to continue reasonable use of property, so long as property value is not diminished when determining whether ameliorative waste is non-compensable, courts consider tenant's expected remaining life, need for change, and good faith of parties

Doctrine of waste (permissive waste)

occurs when tenant "permits" premises to deteriorate through neglect, failure to preserve property, or failure to reasonably protect property that causes decrease in value of property tenant is required to make reasonable repairs but need not spend more than amount of income generated by property tenant's duties include paying any property taxes and mortgage interest associated with property and, in some jurisdictions, duty to pay insurance premiums

RAP (class gifts - rule of convenience)

operates to prevent application of RAP to class transfer; class closes as soon as member of class is entitled to immediate possession application of rule of convenience to class transfer does NOT automatically forestall application of RAP beware of fact patterns with class gifts to grandchildren of inter vivos grantor instead of testator; inter vivos transfer is more likely to violate RAP because donor may have more children, while deceased testator most likely will not

Defeasible fee

ownership of potentially infinite duration, but may be terminated by occurrence of an event

Ways property can be transferred (4)

ownership of real property may be transferred 1) by sale, 2) by gift, or, upon death, 3) by devise or 4) intestate succession

Present interest

person with present interest in estate has right to currently possess property someone must be in possession of property at all times

Fee simple determinable

present fee simple estate that terminates automatically upon happening of a stated condition; full ownership of property is returned to grantor (possibility of reverter) freely alienable, devisable, and descendible, but it is always subject to stated condition durational language (e.g., "so long as," "while," "during," "until")

Fee simple subject to a condition subsequent

present fee simple that is limited in duration by specific conditional language; termination is not automatic; upon occurrence of condition, present fee simple will terminate only if grantor affirmatively demonstrates intent to terminate (e.g., by bringing action to recover possession) (right of entry) freely alienable by owner during his life, and upon his death, it is devisable and descendible "provided that," "on condition that," "but if"

Life estate

present possessory estate that is limited in duration by a life upon end of measuring life, title reverts to grantor or specified remainderman; future interest is known as "reversion" (if to grantor) or "remainder" (if to third party) life estate is not subject to RAP language must be clear, and must be measured in terms of a life, not a number of years (e.g., "to A for life")

FHA (causation)

prohibited behavior must be linked to protected basis

Fair Housing Act (FHA)

prohibits discrimination in 1) sale, 2) rental, and 3) financing of homes and in other housing-related transactions (such as advertising, homeowner's insurance, and zoning) primary focus is on multi-family residential housing

FHA (protected classes)

prohibits discrimination on basis of: 1) race, 2) color, 3) religion, 4) national origin, 5) sex, 6) disability, and 7) familial status protected familial status includes having or securing custody of children under age of 18 and being pregnant exemption from familial status protection exists for certain housing for older persons disability provision mandates reasonable accommodations for disabled

RAP (who)

relevant life - person who affects vesting, usually mentioned or implied by grant measuring or validating life - person who tells us whether or not interest vests with perpetuities period (21 years) must be human, but there can be more than one measuring life, provided number of such lives is reasonable if measuring life is not specified, then measuring life is life directly related to future interest that is subject to RAP if there is no measuring life, then applicable vesting period is 21 years from time that future interest is created

Contingent remainder

remainder that is: 1) created in grantee that is unascertainable, or 2) subject to express condition precedent to grantee's taking common law - contingent remainders were destroyed if they had not vested by time preceding estate terminated most states today - grantor's reversion becomes possessory, and person holding contingent remainder takes springing executory interest, which becomes possessory if and when condition precedent is met transferable inter vivos in most jurisdiction, devisable, and descendible "to B for life, remainder to C's heirs"; C is still alive

Doctrine of waste (affirmative waste)

result of overt, voluntary conduct that causes decrease in value of property holder of vested remainder interest may bring suit for damages, and either vested or contingent remainder holder may bring suit for injunction limited exceptions exist for exploitation of minerals and timber if such use was authorized by grantor, was in effect at time tenancy began, or is necessary to maintain property

Doctrine of worthier title

rule of construction that prevents remainders in grantor's heirs presumption is in reversion to grantor, rebuttable by showing of contrary intent

Grantor

seller or donor of property

Joint tenancy (severance)

severance of joint tenancy converts it into tenancy in common if there are more than 2 joint tenants, severance does not automatically affect joint tenancy of all joint tenants

Joint tenancy (severance - leases)

some jurisdictions - lease destroys unity of interest and thus severs joint tenancy other jurisdictions - lease merely temporarily suspends joint tenancy, which resumes upon expiration of lease

Joint tenancy (severance - contract to transfer - all joint tenants)

some states - contract to convey property held in joint tenancy that is executed by all of joint tenants does not effect severance; severance occurs only upon transfer of property other states - severance occurs upon execution of contract to convey by all of joint tenants

RAP (statutory changes - cy pres doctrine)

some states - permit court to reform conveyance to prevent it from violating RAP by applying cy pres doctrine - court makes changes to conveyance, such as reducing time limit for future interest to take effect to 21 years after expiration of last measuring life, to come "as near as possible" to intent of transferor while staying within bounds of RAP

Joint tenancy (severance - intentional killings)

some states - when 1 co-tenant intentionally kills other co-tenant, felonious joint tenant allowed to hold property in constructive trust for deceased joint tenant's estate; surviving joint tenant does not profit from felony but can keep his interest in property other states - statutes sever joint tenancy upon felonious killing of 1 joint tenant by another joint tenant

Rule Against Perpetuities (RAP)

specific future interests are valid only if they must vest or fail by the end of a life in being plus 21 years; if there is any possibility that it will not be known whether interest will vest or fail within that period, then RAP has not been satisfied applies to: 1) contingent remainders, 2) executory interests, 3) vested remainders subject to open, 4) powers of appointment, 5) rights of first refusal, and 6) options does not apply to future interests that revert to grantor (reversion, possibility of reverter, right of reentry)

Partition (who may partition)

tenant in common or joint tenant generally has right to unilaterally partition property, but tenant by entirety does not have this right property can be partitioned either voluntarily (if co-tenants agree in writing on division of land) or involuntarily (by court action) holder of future interest who shares that interest with another (e.g., jointly held remainder interest) does not have right to immediate possession and therefore cannot maintain action for involuntary partition

Joint tenancy (4 unities)

to create joint tenancy, 4 unities must be in place [PITT]: 1) possession - joint tenants must have equal right to possess or use whole property, 2) interest - joint tenants must have equal share of same type of interest, 3) time - joint tenants must receive their interests at same time, 4) title - joint tenants must receive theirs interests in same instrument of title 4 unities required to create and maintain joint tenancy; if 1 unity is lost, joint tenancy is severed tenancy in common requires only unity of possession

FHA (proof of discrimination - racial discrimination)

to establish racial discrimination under FHA, plaintiff need only show disparate racial impact, not racial intent or purpose compare with constitutional discrimination - to establish violation of 14th A's EPC, P must show racial intent or purpose; racial impact is not sufficient

Life estate (measuring life is grantee)

unless otherwise specified, measuring life for life estate is grantee life estate is fully transferable during life of person by whom life estate is measured life estate measured by grantee's life is generally neither devisable nor descendible because interest terminates at death of grantee if life estate is received by will or intestacy, life tenant may renounce estate if he so chooses common law curtsey and dower custom

Right to possess

unless there is agreement to contrary, each co-tenant has right to possess all of property, regardless of that co-tenant's share and regardless of type of co-tenancy 1 co-tenant may not bind another co-tenant to boundary line agreement co-tenant is generally not required to pay rent to other co-tenants for value of her own use of property, even when other co-tenants do not make use of property co-tenant is generally not required to share profits earned from use of property, such as from business conducted on property co-tenant's exclusive use of property does not, by itself, give rise to adverse possession of interest of another co-tenant

Possibility of reverter

upon occurrence of stated condition in fee simple determinable, estate automatically reverts back to grantor; grantor's retained future interest is called "possibility of reverter" freely alienable by grantor, both during his life and upon his death

Conflict of laws (law of situs - exceptions - mortgage note)

when action does not directly relate to interest in land, general rule does not apply mortgage is given as security for debt obligation, evidenced by promissory note; issues regarding note (e.g., validity of note, interpretation of its terms, whether note is in default) are determined by local law of state where contract requires that repayment be made, unless some other state has more significant relationship to transaction and parties

Right to possess (ouster)

when co-tenant refuses to allow another co-tenant access to property, ousted co-tenant may bring court action for ouster (e.g., seek injunction) to gain access to property and to recover value of use of property for time during which co-tenant was denied access to property

Conflict of laws

when significant aspects of legal action are divided between 2 or more states (e.g., parties who are residents of different states), forum court must determine law to be applied in deciding particular issue decision as to which state's law should govern is determined under conflict-of-laws principles general rule - law of situs