Dedicated Exclusi
Dedicated Exclusively to the Calif
vely to the California Bar Exam
ornia Bar Exam
Bar Review
Bar Review
REAL PROPERTY &
REAL PROPERTY &
REAL PROPERTY REMEDIES
REAL PROPERTY REMEDIES
(Summary Flowcharts)
(Summary Flowcharts)
Copyright© 2009 by BarPassers Bar Review. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher.
REAL PROPERTY
LAND ACQUISITION Adverse Possession Land Sale K Conveyancing Deeds Delivery Recording Act LAND USE Easements Covs R/L & Q/Svtds Support Rts Water Rts Govt. ControlLANDLORD & TENANT Basic Problems Effect of Transfer
ESTATES & FUTURE INTERESTS Possessory Future Basic Rules Concurrent FUTURE INTERESTS
FEE
CONCURRENT INTERESTS 39LAND ACQUISITION
ADVERSE POSSESSION ELEMENTS Physical Mental Time Permissive Entry Co-TenantsGood Faith / Boundaries
Statute Tacking Infancy Imprisonment Future Horizontal True Owner Adverse Possessor Insanity Vertical SCOPE RIGHTS DISABILITIES
LAND SALE CONTRACT
Y Z X $ Land Formation Remedy Performance Memo Exception Payment Improve pp Estoppel Evidence Title (marketable) Tender & T of E CONTRACT
S
B
SP Damages COVENANTS Seisin Right to Convey Quiet Enjoyment Warranty Further Assurance Encumbrances 39ADEEDS Parties Words of Transfer Description Grantor's Signature
A
B
A
C
CONVEYANCING
Gives Deed to Grantee
Gives Deed to 3P Retains Deed Donative Commercial Presumptions/Rebutting Evid. DELIVERY: Grantor RECORDING ACT
1) Is the claimant a person protected by the statute? Purchaser for value
Mortgagee
Judgment Creditor Heirs
New Debt Old Debt
2) Is the transaction protected by the statute? Type of statute: Grantee takes an interest
Notice Race Notice Race
w/o notice
w/o notice & records first & records first a) Did he have notice?
Actual Inquiry Constructive
Deeds recorded early Deeds recorded late Wild deeds
Collateral documents b) Did he record first?
WEST A EAST LAKE X
R
O
A
D
A B A1 B1 EASEMENTS Creation Scope Termination Holder Servient Reasonable Use PROFITS Revocable IrrevocableLICENSES Coupled with Interest
LAND USE: NON - POSSESSORY INTERESTS
Appurtenant vs. In Gross: Transferable
Executed: Easement by Estoppel
Holder Destruction Others Merger Severance Abandonment Surcharge Prescription Estoppel BFP Express (Fee?) Implication Prescription CO Prior Use: Quasi-Easement Necessity Strict Necessity Public Use Reasonable Necessity CO 39C
COVENANTS & SERVITUDES
Dominant
(Benefitted) (Burdened)Servient
A
B
A
1 B1 Covenants Equitable Servitudes Implied Reciprocal Servitudes Writing Required Required Not required in ’s deed Remedy $ Injunction Injunction Covenants A v B: Contract A v B1 A1v B A1v B1Touch & Concern Intent Notice (B or B1) Horiz Vert Equitable Sevitudes A v B: Contract A v B1 A1v B A1v B1
Touch & Concern
Intent Notice (B or B1) Implied Reciprocal Servitudes A v B: Contract A v B1 A1v B A1v B1 Common Scheme Notice (B or B1) Privity 39D
LANDLORD & TENANT
Years Periodic Will SufferanceT
LL
How Created?Term & Termination?
BASIC PROBLEMS: LL&T (RP or K?)
TENANT’S DEFENSES
Antic. Breach? Years Sufferance Will Constructive Actual Periodic Duty to mitigate? RETAIN IMPS Offsets
Failure to deliver possession
K Concepts Destruction Surrender Eviction Cov. to repair Warranty of Habitability Holdover Open term
CONDITION
OF
PREMISES
LL
T
Statutory Warranty / statutory Tort Waste Law Dumpor’s case RENT Tort Lawsuit Force None Retaliatory Warranty/statutory No breach Equitable Traditional Modern Trade fixturesEFFECT OF TRANSFER
Liability to
LL for breach
Privity w/LL?
POSSN LL Notice Orig. T Aee Sblsee Contract Estate None ALLDur’g his stay Cov. to repair LL-1 T T-1 T-2 39E
ESTATES & FUTURE INTERESTS
Possessory Fee Life Term Simple Tail Grantee 3rd party Years Periodic Will Sufferance AbsoluteDefeasible Fee simple on condition subsequent Fee simple determinable
Fee simple subject to executory limitation
Future Grantor 3rd party Right of entry Possibility of reverter Reversion Executory interest Remainder Vested Contingent
Subject to condition subject Absolutely Subject to open Concurrent Tenacy in common Severance Tenacy by entireties Joint tenancy 39F
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