DiLorenzo Property Fall 2010

8/3/2019 DiLorenzo Property Fall 2010

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DiLorenzo_Property_Fall_2010

I. Acquiring Property Rights over Wild Animals**Overall purpose is to encourage capture of wild animals*Wild animal is based on generally shared expectations of whether animal has owner

A)General requirements:1. Intention-intend to appropriate animal for individual use**PP theres limited supply of animals and we want to give only those desiring

2. Possession- To deprive animal of its natural libertyand bring animal intoindividual control (net or cage is fine)

**PP behindpossessionrequirement is to a)prevent confusion/preserve peace and orderand b) certaintyof:

1) Identificationof animal- that it is the same one he was pursuing2) Intentionto keep animal3) Likelihood to keepvs. abandon animal once killed

- Pursuance is notpossessiono

In Pierson v. Postwe saw this when court ruled for Pierson eventhough Post was in obvious and diligent pursuanceo Court held it didnt matter b/c even though there was intention,

there was nopossessionB) Ratione Soli (ownership soil)

1. P owns land2. D has Intentionandpossession(both requirements) of wild animal3. D was trespassing/did not have authority

**PP is to deter trespassing

- When wild animal is captured from the soil/property of another withoutconsent, since we dont want to reward anybody who trespasses, even

though both requirements are met- property rights have notbeenacquiredo In Mckee v. Gratzwe saw this when court ruled for Gratz even

though Mckee captured the mussels (wild animal) satisfying bothintentionand possessionrequirements

o Court held that since mussels are a relatively non-moving animalit is safe to hold that they were securely positioned on the soil ofthe owner and therefore nobody should be able to capture themb/c that would allow trespassing

C)Loss of Rights1. Lost when wild animal regains its natural liberty. This occurs when it:

a) Escapesall artificial restraint; andb) Returnsto its natural habitatc) UNLESS animal has animum revertendi(inclination to return)

**PP behind this is the tamingand trainingof wild animals in order to serve the moregeneral PP of a stable food and clothing supply

- This is very hard to prove and can only be shown through establishedhabit


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o In Mullet v. Bradleywe saw that D acquired property rights overseal: he met intentionandpossessionrequirement; and seal was notcaptured over somebody elses soil (ratione soli)

o Lastly, court held that P lost his rights when seal escaped allartificial restraint and was captured by D- where seal had noanimum revertendi(he was gone for 2 weeks so obviously had nointention to return)

o *However, back then the courts did not hold that wild animal hadto return to its natural habitat; today P would win.

III. Property Rights Over Natural Resources (Oil and Natural Gas)Property rights over wild animals can be extended to other things, including variousnatural resources.Extension depends on if the same policy goals applySame starting point: no one owns them until theyve been capturedSome states follow capture doctrine (Minority)-Eastern States.Some states follow ownership in place rule (Majority)- If you own soil, you own oil

and natural gas beneath them: best way to encourage capture (policy goal)

II. Finders Rights**Overall purpose is to maximize likelihood of return to original owner*Statute of limitations for personal property is 3 years


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A) Classify**Classified as one of the 3 as soon as owner parts with possession

1) Lost-To involuntarily part with possession2) Mislaid-To voluntarily part with possession but inadvertently fail to retrieveit

3) Abandonment-To intentionally part with/relinquish an interest- Exclusive Inference Rule-special rule regarding abandonedproperty,requiring proof of abandonment be reasonably direct and it must excludeanyother possibility- Once property is abandoned finder is grantedfullbundle of rights

A. Finders Rights/ObligationsPolicy Goal-To maximize possible return to rightful owner

Gains property rights but never becomes true owner If owner appears, you have to give back property, fruits and profits made

(keeping them in trust for true owner)

Property rights not exclusive

Property rights not perpetual Dont have right to damage or alienate Obligations (if lost or mislaid):

o 1-return property to true ownero 2-safeguard property

Obligations if abandoned:o No obligation of safeguard/returno Possession on part of finder leads to full ownership/property rights

B. Who has rights- Finder or Owner of place where property is found?

PP- to maximize possible return to rightful ownero Depends on location where property is found and whether it was lost or

mislaid:o Public or private-based on generally shared expectations as to whether

you are entitled to retain the property when you find it in this location

B-1) GeneralRequirements1. Possession

- Actual v. Constructive2. Intention

- To intend to take custody and control of articleB-2) in OwnersPlace Requirements

1. Intention- Intentionis assumed because of the overarching PP of maximizinglikelihood of return to original owner

2. Possession- Constructivepossession, and owner of place becomes quasi-bailee as long

as property is mislaid (private or public) or lostin aprivateplaceo Whether a place isprivateor publicis determined bygenerally

shared expectations


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- When lostproperty is found inpublicits finders=keepers b/c it is unlikelythat owner will return to public place to retrieve it

C) NY Legislature on Finders Rights**2 conflicting policy concerns:

1. Maximize likelihood of return to original owner2.

To satisfy the expectations thatfinderis eventually the owner- Under NY Statute, valuable property (anything worth more than $20)

must be deposited with police when found- A/t under $20 must be reasonably attempted to be returned b4 kept There is no longer any such thing as mislaidproperty; only lost Therefore, constructive possession of quasi-bailee no longer exists and

police become quasi-bailee for original owner

3 step process when valuable property is found:1. Deposit lost property with police within 10 days2. Duty of police to notify and hold it for owner for statute of

limitations- ranging from 10 days to 3 years3. If not claimed after statute of limitations has run out then title isvested infinder

* Abandoned property also still exists, and finder has 6 months to fileabandonment claim-but since property is deemed lost99/100 times mostpeople dont even bother making claim

Bundle offinders rights:- Possession- Use- Not exclusive- Notperpetual- No right to damage or alienate- No rights tofruits and profits

III. Adverse Possession**General policy concern behind adverse possession is that we want to promotecertainty in the law and if owners are going to abandon their property then someonewho will take care of it deserves it.


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A) Requirements:1) Actual Possession

**PP behind this requirement is that we want to make sure original owner canrecognize that his property is being used adversely so he can reclaim it, and if its notbeing occupied properly then owner cant rightly replevy it

-Majority rule: property used in the manner that original owner would

- Was the possession actual?o Define actual: acts of ownership

Define acts of ownership: act that owner would performwith this type of property

2) Adverse- Hostileintention- despite knowledge that it belongs to somebody else

possessor continues to occupy it; OR- Claim of right- reasonable basis for belief that property is yours- Color of title is enough to satisfy this requirement- Payment of taxessatisfies this requirement

oWas the possession adverse?

Define adverse: hostile intention or claim of right Define hostile intention or claim of right: honest

mistaken belief that its theirs

- NYdoesnt recognize hostileafter 2008 statute3) Open and Notorious

- True owner has actual knowledge of your claim; OR- Possession is apparent upon reasonable inspection

o Define open and notorious: owner capable of discovering it underreasonable inspection

Reasonable Inspection- occupancy is apparent to nakedeye (or surveyor)

- Demand and refusal does not define open and notorious; it just providestollingprovision

Exceptions

- Discoveryrule (minority rule)- COA will not accrue until the injuredparty discovered through due diligence(or should have) that adversepossessor is in control ofpersonalproperty

o Minorityholds that SOL begins tolling upon discovery ofpossessor

o NY Rule is that SOL begins tolling upon demand and refusal4) Continuous Occupation**PP we want objective evidence that adverse possessor hasnt abandoned hisclaim

Regularly- such possession that ordinarily marks the frequency that actualowner wouldoccupy the land

o Example: beach house- assuming its ordinarily a summer resort;adverse possessor would onlyhave to occupy it regularlyduringeach summer

If possessor abandons property then SOL starts anew upon return


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o However, intention is based on subjective intentof possessor- Define: possession must have occurred regularly and without interruption

o Define regularly: in the manner the owner would3 reasons for regularlyrequirement:

1) To give owner notice when hed be expectedto show up

2) Evidence that possessor actually claims title and not a lesser interest(easement, license)3) To show that possessor didnt abandon his claim

b) Without significant interruption-until original owner repossesses propertysignificant interruptionhas not occurredo Without interruption- lack of original owner to repossess the property-

until taken back- no significant interruption Dateof significant interruption, in the event of lawsuit filing is the

dayof interruptiono PPis to protect true owners interest by enabling him to bring an action

in ejectment(replevin for personal property)5) Exclusive Occupancy

- Adverse possessor excludesthe owner and the rest of the publico Possessor does not sharepossession w/ owner or the public

- PP is that if possession wasnt exclusivethen true owner wouldnt beaware

*Since it is impossible to prove all 5 elements from the get-go, law only requiresadverse possessor to prove first 3 to court and day 1 of statute of limitationsbegins on that day

Color of title

Are you seeking easement, license, or full possession? When possessor enters withoutcolor of title- only gets what he uses

When possessor enters withcolor of title- entitled to constructivepossessiono In this case, holder of color of title (good-faith belief of good title) gets all

Tacking and tolling

Tacking- possessor can transfer AP inprivity- voluntarytransfer of claimo This continuesrunning of SOL

Tolling- Infancy and minority (ends at 18); mental incapacity- Rule for mental incapacity: disability- if person is under legal disability

under time of COA SOL is tolled- must be at the time

- Once disability endsSOL begins (NY gives 3 years po- NY Rule- Only recognizesinfancyand mental disability- Neverhave more than 10 years unlessinfancy, but have 3 yrs afterdisability

IV. Acquisition by Gift1. Inter Vivos

**PP is to validate gifta. Intention


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i. Presenttransfer1. Donor can retain presentpossessoryinterest

a. Title is transferred but possession isntii. Irrevocabletransfer

iii. Either oral or in writingiv.

Look at donors words and actions in light of circumstances1. There can be a present transfer w/donor retaining

possession2. There can be gift inter vivos when person is in

apprehension of deatha. However, law assumesgift causa mortis in this

circumstancei. To override presumption, there must be

clear evidence that gift causa mortis is notpreferred

b. Delivery**PPisconcrete evidence of willingness to give and to protect donor that may be

giving gift to hastily (by mere intention)3 possibilities:

i. Physical- actualtransfer of gift to donor- best methodii. Constructive:Ifphysical delivery ispossiblethen Constructive

delivery is NO GOOD1. Delivery ofmeansto obtain possession (keys, etc); AND2. Donor relinquisheshis right to possession (no spare keys!)

iii. Symbolic/written instrument1. Symbolic delivery alone is valueless- need written

instrumenta. Drawing picture of gift--------------------------NO

GOODb. Deed conveying interest------------------------

GOOD2. (Letter) must:

a. Identify anddescribe giftb. Identify intentionto give itc. Bephysicallydelivered

3. If gift is for intangibleinterest (account; stocks) thenphysical embodiment (bank book; stock certificate) isGOOD

4. If subsequent actions and statements are inconsistentthenthey are notconsidered5. *In order to harmonize law of gifts with 3rd partyrequirements- we ignore3rd party

c. Acceptancei. Since we dont want to impose obligations on the donee, we

require them to actually takethe gift from the donorii. However, when the gift is valuable, acceptance ispresumed


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1. Unless it is a conditional gift (as long as/if you), thenacceptance has to be actual regardlessof value

iii. If there is evidence that acceptance did not occur then NOtransfer

1. Ex: Son in denial of mothers death and hesitates to acceptand ends up giving it back out of fear- NO GOOD

2. Causa Mortis- Intention

o Presenttransfer Donor cannotretain present interest

He has to give upfullbundle of rights Revocabletransfer

Subject to conditions subsequento Basically, gift is revocableif theres no death

Either oral or in writing Look at donors words and actions in light ofcircumstances

There can be a present transfer w/donor retainingpossession

There can be gift inter vivos when person is inapprehension of death

o However, law assumesgift causa mortis inthis circumstance

To override presumption, theremust be clear evidence that giftcausa mortis is not preferred

1.

Only recognized when donor is in 1) apprehensionof 2)imminentdeathwith 3) actualawarenessa. Apprehension- would most people fear it in

situation?b. Imminent death- belief by donorthat death is in near

future; no actual limit on time of deathc. Actualawareness:

i. Based on objective standard of reasonablecircumstancescant be delusional, etc

*Gift is automatically revoked if donor doesnt die, esp. from what he expected to diefrom*Death needs to be reasonably foreseen

3. Delivery to Agent of Doneea. Is it the agent of the donor or donee?

i. Agent of the donee if the donor:a) Parts with all control over possessionb) Reserves no right to recall (doesnt apply to Causa Mortis)c) Intends an unconditionalfinal disposition of gift

b. Intentiondetermines agency


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V. Bona Fide Purchaser1) Bona fide purchaser

a. Individual that parts with value that cant be restored automatically, as amatter of law

i. Purchased with valuable considerationii. A donee is never a purchaseriii. Promissory note can be cancelled by court

b. Good faithi. No actual knowledge of defect in title

ii. No constructive knowledge of defect in title (search ofgovernment records would reveal the defect in title)

iii. Inquiry notice1. Information the purchaser actually knew

a. Subjectivestandard2. Would a reasonableperson, knowing the same thing,

suspect?a. Objective standardb. If yes, there is a duty to inquirec. A reasonableinquiry must be conducted

3. Law presumes everyone knows the FMVof purchasea. Shock the conscience standard

2) General Rule:a. If item is stolen, thief acquired no title, cant transfer rightsb. UCC 2-403- purchaser acquires all title which his transferor had or had

the power to transfer

3) Exceptions:a. Voidable title-Title procured by fraudi. True owner voluntarily transferred title, BUT

ii. Owner has right to rescind because it was purchased fraudulently1. Court can transfer back in equity

iii. If subsequent transfer before rescind by bona fide purchasers,purchaser gets title

PP- bona fide purchaser more innocent, some fault by owner PP- Uncertainty, in future, unknown fraud could cancel ownership

b. StatutoryEstoppeli. Must entrust goods

ii. To a merchant (deals in goods of that kind)iii. Buyer in ordinary course (person who buys in good faith from aperson in the business of selling goods of that kind) purchases it

PP- to allow 3rd parties to safely rely on merchants

c. Equitable Estoppel


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i. Harmonizing statute with common law-remains good law in everystate that adopts UCC

ii. Act on part of owner that will lead to an estoppel1. Some representation that some other person is owner or

has right to sell on behalf of the owner (indicia of title)iii. Reasonably expect 3rd parties would rely on their activ. Third party actually did rely on itv. PP- owner is at fault and bona fide purchaser has good title

VI. Property Rights Based on Labor1. Doctrine of Creation

a. Laborer has property rights in what has been created, or adding somethingnew to previously existing property

PP- to encourage/reward labor2. Doctrine of Accession


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a. Occurs when there are 2 owners due to labor on existingcreationb. Court usually rewards property to originalownerc. However, property is awarded to laborerwhen:

i. Laborer acts in good faith1. Honest mistake as to true owner2.

Bad faitha. Wrongfully possesses property and then adds labor

b. Given to owner regardlessof added valuec. PP- to deter wrongful behavior

ii. Specification1. If a new species has been created2. Product cant be divided without damage to end product

ORiii. Comparative Value

1. Even if it can be divided, sometimes unfair to return tooriginal owner, because the extra value added by labor is soextensive

a. Render injustice of returning property at first blush

VII. Property Rights by Marriage 3 Changes from historical law:

o 1-Applies to all property, real & personalo 2-Can transfer singly owned property on spouses consento 3-No longer life estate, now, title to all property that belongs to

decedent

2 Methods of Acquiring Property through marriage:o A. Intestate share


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If no will upon death If no children, surviving spouse gets 100% If 1 or more children, spouse gets 50%

o B. Elective (statutory share) Will exists upon death

Can either follow will OR invoke elective share- preventssurviving spouse from being disinherited-spouse gets 1/3o Can do anything with property before death (give away, sell, etc.) and

spouse will have no property interest upon your deatho NB-NY and other states have modified concept of estate to prevent

undermining the purpose of statute Make testamentary substitutes applicable to elective share

DIVORCEo Marital property- all property acquired by either spouse during

marriage (in individual name) Based on labor, how much each spouse has added value to the

marriage Marriage is agreement to let labor add value, must be shared Equitable distribution among spouses

Based on length of marriage, number of children,economic circumstances of each spouse after marriage, etc.

Very subjectiveo Marital property

Most states agree academic degree is not marital propertydivisible in divorce, but do allow for reimbursementalimony

NY exception- OBrien v. OBrien PP/statute-both parties laboring in good faith, if you

contributeto a degree, youre entitled to equitable division Direct/indirect contributions- investments in the

economic partnership

Not giving part of license, but part of earnings produced NY court applies this to many degrees/licenses/practices

Increase in value of separate property, during marriage, due toEFFORTS OF SPOUSE, is marital property

Need direct or indirect proof of contribution Professional goodwill is divisible marital property in most

states- if other spouse has contributed

VIII. Concurrent Interests3 types:

1. Tenancy in Commona. Arises from expressgrantb. Nosurvivorship rightsc. 2 or more owners for either realorpersonalpropertyd. Tenancy is assumedto be this one unlessotherwise statede. Unless deed states otherwise, interests in property are equalamong

holders


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f. Each interest is descendible, divisible and freely alienable2.Joint Tenancy

2 General requirements:a. Declaration ofRight of survivorship

i.

Last one standing takes it allii. Indicated by writing only1. O to A and B as JT w/ r.o.s.---GOOD2. O to A and B as JT---------------------GOOD3. O to A and B jointly------------------NO GOOD

a. This can be interpreted as T/Ciii. Severance results with Tenancy in Commonb/w 2 JT

b. 4 Unitiesi. Time- interest of each JT must begin at same time; neither

coowner can have a preexisting interestii. Interest- 2 part requirement

1. Same estate2. Same share (unless otherwise indicated)

iii. Title- both JT must acquire their interest via sameconveyanceiv. Possession- both JT have equal right to possess entireproperty

1. Presumed unlessoriginal grant states otherwise2. Created at moment of conveyance3. Parties can later agree to dispossession w/o severing

v. Either JT can sell and it destroystheir right of survivorship1. To F R and M as joint tenants w/ r.o.s.2. Each owns 1/3 plus right to possess/enjoy the whole3. F then sells to C

a. Result is severance of JT as to Fs interestc. Either realorpersonalproperty

3. Tenancy by the Entiretya. Declaration ofRight of survivorshipwith Marital interestb. **PP is to protect surviving spouse

i. NOT unilaterally destructible- only upon consent of both partiesii. Only recognized in realproperty (notpersonal)

iii. Majority rule does not recognize T/E1. Therefore, r.o.s. declaration automaticallybecomes JT

iv. NYassumesit upon contraction by married couple1. Therefore, Declarationis not necessary; only 5 unities are

v. Creditor cant get involved if only 1 spouse agreed to contractc. 5 Unitiesi. Time

ii. Interestiii. Titleiv. Possessionv. Marriage- Both parties must be married at time of conveyance

1. Anything less becomes Joint Tenancy


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d. Upon divorce or annulment Tenancy in Common results4. Severance

a. Majority Rule- JT is not severed until it isformallydestroyedi. 1 of 4 unities must be formally destroyed

ii. Mortgage1. Unilateral mortgage does not sever b/c titleis still there2. Mortgage andlien vanishupon death of JT who made it

iii. Lease1. Unilaterally available2. Some courts say it destroys r.o.s. And some say it doesnt3. Recent trend is towards it not severing- argue both

b. NYRulei. 3 ways to sever:

1. 3rd person conveyance2. Selfconveyance

a. Inefficient to run around just to make it formal3. Executing anywritten instrument indicating intention to

make TCii. Mortgage

1. Since PPis to encourage r.o.s. mortgage doesnt destroy it2. Serves as severance to extent necessary to protect creditor3. However, upon death of owner lien carries over!

iii. Lease1. Unilaterally available2. Some courts say it destroys r.o.s. And some say it doesnt3. Recent trend is towards it notsevering4. Argue both ways: The existing law is not sufficient for

me to draw a conclusion, but here are the 2 possibilities:c. Partition

i. Any co-owner can seek partition exclusiveof the otherii. Co-ownership is divided individually

2 kinds of partitioniii. In kind

1. Physically divides property among co-owners2. **PP favors this b/c we want people to keep their land

iv. In sale1. Proceeds get divided among co-owners2. Majority Rule: Court grants this only if divisibility of land

is impracticala. Physical obstacles exist to practicality of division3. NYRule: 2 parts

a. Divisibility of land is impracticalb. Represent bestinterest of co-owners

d. Joint Tenancyi. Either JT may sever it unilaterally by conveying share

1. This results b/c 4 unities are no longer present


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a. Timeand titlehave been destroyed when conveyed5. Bundle of rights for concurrent interests

a. Possessi. Each coowner is entitled to enjoy whole

ii.

Can be modified by agreement ofallowners1. If all JT agree to limit possession for so and so--------------GOOD

b. Alienatei. Either JT can alienate his share at his discretion

1. If one JT wants to leaseshare and other disagrees---------GOOD

2. Partial alienation is okay too; example: mortgage lien3. Leasee has equal rights as a cotenant

ii. However, neither JT can oust the other!1. Consequence is share of FRV

c. Wastei. Any action that causes injuryto the property

ii. Implied duty to avoidwaste2 kinds of waste

1. Active-permanentinjury intentionally donea. Permanent is irreversible injury

2. Passive- results from the failure to make necessary repairsiii. Based on a change in the nature/character of the property

1. Does not depend on FMVof property2. Lower doesnt necessarily mean waste occurred3. Cantenhance value (ameliorative waste)

a. It might be valueless to cotenantd. Accountingi. In terms of bothproceeds(rent profits)and burdens(repairs)

ii. Absent an agreementor an ouster(cotenant physically excludesother from use of property), one cotenant is neverliable to pay halfof value for personal use and occupancy

1. Example: if one cotenant uses warehouse to store supplies2. Also, cotenant cant seek repayment for improvements

e. Contributioni. Coowner enjoys right to contribution during life of cotenancy for

any repairs she reasonablymakes1. Example: football is thrown through window and brakes

it, she is entitled to fair share of improvements (dependingon percentage of property owned)ii. Notificationis necessary prior to repair


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IX. Estates and LandSOF: All real estate transactions MUST be in writing

1. Freehold Estatesa. Fee Simple- Results from holding of title- To A and his heirs

i. FS absolute1. Indefeasibleinterest2. Full bundle of rights

a. Divisibleb. Descendibleto heirs (w/o will)c.

Alienable(transferable inter vivos)d. Nofutureinterest in anybody else (absolute owner)

ii. FS determinable(NY-fee on limitation)1. Defeasibleinterest2. Consequence is possibility of reverter (FSD POR)3. Grantor must use clearlimitational language

a. To Aso long asb. To Aduring


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c. To A until4. Title is automaticallylost upon breach of condition

**PP when words are ambiguous we interpret outcome less likelyto lead to forfeiture (subject to)

a. Blackacre to A to be used as housingonlyb.

O to A and B, butonly whilemarried, if divorcedreverts to O

c. O to A and Bso long asA and B are married.a. O to A and Bso long asthey are married, if they get

divorced then to A5. Alienablebut conditions remain

iii. FS subject to conditions subsequent (NY-fee on condition)1. Defeasibleinterest2. Grantor reserves the right to retake3. Upon breach of condition, title is notlost until grantor acts

a. Court action seeking declaration of forfeitureb. This is assumedrather than automaticlossc. O to Aon condition thatits used for housingd. O to Aprovided thatits used for school purposes

4. Accompanied by right of entry5. Alienablebut conditions remain

iv. FS subject to covenant1. Only consequence is damages, not reversionary

b. FeeTaili. Every state hasabolished thefee tail

ii. NYstilldifferentiatesiii. To A and the heirs of his body

1. Linea4l blood descendentsiv. YES future interest

1. By reversionto O2. Remainderin 3rd party

v. Fee tail followed by a future interest:O to C and the heirs of his body,then to X

1. In half the states wait and seeattitude is taken. Wait fordeath of first taker (C) and if C has issues (children) at thetime of death, then he gets FSA

2. Other half: Upon death of C there are no issues- holder offuture estate (X) receives title

vi. Expires whenthere are no issues(descendants) remainingvii. Fee tailis essentiallysuccessive life estate that reverts back to

original grantor (or to his devisees/heirs) once lineage hasexpired

c. Life Estatei. Reversionaryinterest in O once A dies

ii. Like all other estate types, we look at grantors intent


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iii. Estate measured in explicitlifetime terms1. O to A for life

iv. Life estateper autre vie1. Measured by some elses life

v. Alienableto the extent that transferees interest is forAs life

Rights of Grantee

- Majority Rule has Remainderand Executoryinterests- NY Rule refers to all interests as Remainderinterests- Remainder interest

o Known aspatientfuture interest- waits for present estate to endo Remainder never follows FSD

To A for life then to B B is remainder and waits for end of life estate

o Occurs when 3rd party will receive interest upon expiration- Executory interest

o Occurs when termination of grantee is not sure to occur, butinterest will be vested in 3rd party upon certain condition (if Bdoes this or that; either determinableor subject to conditionssubsequent)

Take effect by cutting another short By taking over forfeiture

o Follows defeasible feeand cuts short anybody (butO)o O to A so long as he givescharity then to B

Rights of Grantor

- Possibility of revertero Not sure to occur, but if it does it returns to Oo Resulting ONLY from FSD (POR)

- Right of entryo Fee simple subject to conditions subsequent


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o Grantor reserves right to renter (or he can look away)- Reversion

o Interest that is sureto returnto Oo Resulting from inevitable termination

Life estate

Example:conveyance from O to A for life

2. Non Freehold Estatesa. Estate for Years

i. Fixed period of timeii. Automatically terminates upon expiration

1. Hence, noticeof termination is not requirediii. Terms longer than 1 year must be in writing (SOF)iv. For 3 years, beginning 10/1/08v. Holdover becomesperiodic tenancy

b. Periodic Tenancy (Estate from Year to Year)i. No set endingdate

1. Continues for successive intervalsa. To Tfrommonth to monthb. Annual rental

ii. NY Rule: look at if T offered to pay rent, and if L accepted thatoffer it becomesperiodictenancy

1. This is how estate at willbecomes periodic tenancyiii. Noticemustbe given to terminate periodic tenancy

1. At least equal to length of period itselfa. Unlessotherwise agreed in lease terms

i. In month to month- give 1 month notice2. The expiration date mustbe the end date of any one period3. Exception: 6 month maximum notice of termination

iv. NY rules regarding termination1. Common law doctrine in NY was very different than

Majority opinion2. No prior notice was necessary to terminate periodic

tenancy


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a. Virtually the same rules as estate at will3. NYlegislature didnt like this and so elected to change it

up:4. First they established rules for NYC tenants- 232(b)

a. Can be terminated with notice given (by L or T) atleast 1 month before expiration of the term

b. Notice need not be in writing, but preferable5. Then, they establish rules for the rest of NY state- 232(a)

a. L is required to give at least 30-day prior notice oftermination to T in writing (only L?)

c. Estate at Willi. Open-ended

1. O to A at willii. Eitherparty may terminate an any time

iii. State statutes can modifyiv. NY Real Property Law- 228: in order to terminate estate at will,

L must give T 30day prior notice in writing

1. Obligation is only imposed on the Lv. Estate at will ends with deathof eitherparty or saleof property

1. However, most landlords are corporationsd. NY General Obligations Law

i. Exception: one year or less lease does not have to be in writingAlthough statute holds absence of writing unenforceable, courts recognize estate at will

3. Holdover Tenanta. Tenant at sufferance is a trespasser

i. Retaining possession of premises beyond agreed on termb. Short-lived

i. Lasts until L evictsT; orii. HoldsT to new tenancyiii. However, law holds L to first election

c. Recovery is FRV deemed by courtd. Mutuality

i. T offers $ and L accepts- mutualagreement to month-monthtenancy

e. Common law recognized option on Ls parti. L can only hold T to periodic tenancy, not to estate for years

ii. Maximum period is 1 year when L is exercising this holdoverright; However, you can never be held over for longer than

original leaseiii. L can stipulate rent for new termiv. **PP was to deter holdoversv. **PP was also that T was a wrongdoer by holding over and law

wanted to punish these people; therefore, L was able to takeadvantage and stipulate terms and rent

vi. By holding over, T is offering to renew lease, and therefore L isable to opt for renewing leasehold (not as persuasive)


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vii. *However, it is not FRV when L initially opts to evict T asopposed to holdover

f. NY state legislature thought this gave too much power to LProvision of Real Property Law- 232(c) changes the common law rule in

several respects:i. The power to elect is no longer in the hands of L, but is instead in

the hands of Tii. The power to set the rentfor the term of the new holdover

tenancy is not in the hands of the landlord, effectively it is in thehands of the tenant, but is technically shared

iii. T is not held to a max term of 1 year; max term is now 1 monthiv. Unless T acts, parties are just holdover T and unwilling Lv. As soon as L accepts rent it sets month to month basis

vi. Upon actual eviction, T is subject to pay FRV for period ofholdover

vii. Its always month-month holdover unlessparties agree otherwise;if T agrees to nothing then T can only be held as a holdover T

and nothingelse

X. Landlord obligations to TenantRemedies for Tenant:1. Damages

a) Duty on Lb) L Breached that dutyc) CompensableLoss by T

o What constitutes compensable? Within the contemplation of parties at time of signing Provable to a reasonable certainty

T operates samebusiness in samelocation for reasonableperiod of time

2. Rent abatementa) Duty on Lb) L Breached that dutyc) Dependantobligation on L

*Available for breach of quiet enjoyment b/c it is dependent3. Termination

a) Duty on Lb) L Breached that dutyc) Substantialbreach of a materialpromise

1. Possessiona. Every L has implied obligation to deliverpossession

Legal vs. Actualpossession:b. Americanrule: legalpossession

i. Reason is that L is not at fault for holdover Tii. New T is able to protect itself; negotiate new contract with L;

bring action in ejectment for holdover T


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iii. Burden is on T to eject holdover Tiv. Nonetheless, T has to pay rent to Lv. For trespass, action is damagesand amount recoverable is FMV

during period in which they were in unauthorized possessionvi. Property rule- caveat emptorholds that law is not here to protect

you, which leads toAmericanrulevii. Remedy is against holdover T- collection of rentc. Englishrule: actualpossession

i. T expectedactual and not legal possession upon signing leaseii. L is more able to know/respond to holdover and should deal w/it

iii. Contract rule- protects expectationof parties, leads to Englishruleiv. T does not have to pay rent during holdover; T can terminate

after a few months if a) L was informed, and b) reasonabletimeelapsed to no avail. Reasonable time?

If T realizes before commencement date that somebody has paramounttitle to property he may terminate

However, if T realizes after commencement he has no remedy untileviction

(NY rule)

- Statute was passed in 1962- Actualpossession- In the case of breach, T can terminateagreement

o After reasonabletime or after day 1? Immediate, unlessparties have stated otherwise

- Is terminationonly remedy statute provides? (Rent abatementor damages)o We look at legislative history because statute doesnt provide for this

In absence ofexpress promiseto deliver possession theres nodamages

Other remedies can be considered underpresentlaw L has no implied obligation to deliver actualpossession

*NY is hybrid because only for terminationcan you look at statuteand actualapplies; butif you want rent abatementor damagesyou must look at present caselaw that follows

Americanlaw- legalpossession*Look at statute and case law for NY; if you want terminationthen it follows Englishlaw; but if you want damagesor rent abatementthen it followsAmericanlaw**To resolve this, as NY attorney for T, add express statement in lease thatupon failure to deliver actual possession T has right to rent abatement

**To resolve this, as NY attorney for L, add express statement in lease agreement thatupon failure to deliver actual possession, T has no right of termination

2. Quiet enjoymenta. Can be expresslywaived (partially or totally)

i. Wording doesnt need to be literalii. Waiver requires an awareness of defect

iii. Unawareness express waiver is unenforceable


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b. Strict construction doctrinei. Limits possible waivers that might be enforceable against T,

whenever possible (to protect T)-1. Example: driveway not part of property

c. Types of evictionsi.

Actual total eviction1. Everystate recognizes this2. T must vacate fully because of totality

ii. Actual partial eviction1. Recognized by MajorityandNY2. T is deprived of some of the leased space

a. L leases 40 acreage farm to T but then occupiesbarn

iii. Constructive total eviction1. State Xand NY2. Use and enjoyment is being interfered with3. Deprived of substantially all of the space for substantially

all of the time due to failure of essential condition4. T has access to premises, butconditions prohibit effective

use5. T must vacatepremises for effective termination

a. First must give noticeand reasonabletime to cureiv. Constructive partial eviction

1. Majority does notrecognize this2. NY does3. Not all of the space/not all of the time4. Vacate during timein question and only areain question5. So T only has to leave during the days in which theconditions weregrave6. When there is a flood T has to vacate and hes in the clear

d. Breachi. Wrongful act on the part of L

1. L directly causes the disturbancea. Example: L locks T out of property

2. L fails to perform its obligation under lease term (gvmtoblig)

3. NY Rule: L is responsible when he has legal power toabate disturbance BUTfailsto do so

4. Power to abate noise by othersneed be stated inagreementii. Grave disturbance (always a Q of fact to prove)

1. Renders the premises unsuitable for purposes of use2. Actions of the L are equivalentto an eviction3. Only in respect to space and time in question b/c more

lenient on Tiii. Permanent disturbance


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1. Does not have to be constant condition; merely recurring2. Somecourts hold that a/t more than one time/sporadic

interference ispermanentand amounts to recoveryiv. T vacates within reasonabletime

1. Evidence that grave conditions are tantamountto eviction2.

Courts are lenient on T with this requirementa. Example: T doesnt vacate for a while because he is

looking for space = Reasonablee. Available Remedy

i. Damages- for breach of covenantii. Rent abatement

1. Can be total (total eviction) or partial (partial eviction)iii. Termination

1. Onlyavailable for totaleviction3. Fitness

a. Promisei.

Fitness is notimplied promise, its expressedin agreementii. Unfitconditions- space not usable for sale of clothing (T is arestaurant owner)

iii. Even though the premises is not usable for a month T still has topay rent until it is!

iv. Attorney should add L warrants that premises isfit for useasretail space for the sale of mens and womens apparel.

1. Fit isnt necessary; a/t conveying intended meaning in Kb. Breach

i. Courts look at parties likely intendedmeaningii. Negligenceon part of L

1. L fails to acts as reasonableL would in similarcircumstancesa. This follows for any express covenant between T and L

c. Available Remedyi. Damagesonly

1. Whenever parties have included expresspromise that isbreached, ONLYremedy is damages

2. Unlessagreement says otherwise4. Habitability

a. Only applies to residentialleasesi. Quiet enjoyment applies to both residential and commercial leases1. However, T must vacate entirespace for entireperiod so this

COA is not always reasonably tenableii. Court finally recognized implied warrant ofhabitability

b. Promisei. Safe

1. Referred to as Restatement rule


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2. Conditions of premises must not pose a threatto the life,health or safety of the residents

3. Residential premises is expected to have a sustained (?)4. Even though there is difference in formulation between

states, this makes no substantial difference at all- same

result regardless of states phrasingii. Fit for human habitation (Javinstandard)1. 2 viewpoints for proving breach:

1. Onlysubstantial violation of local municipal code(building/health/fire)

2. Prima-facie evidence (based on first evidence)butnot theprimemeans to prove (allows greaterprotection)

iii. Essentialfacilitiesc. Breach

i. L is liable for habitability regardlessof his degree of controlii.

T must show that L was:1. Notified

2. Reasonable timewas given before COA was claimediii. Which element each state includes differsiv. NY, among other states, drops Restatementv. Code violation is not exclusive determinant ofhabitability, just

indicatived. Available Remedy

i. Terminationii. Rent abatement

1. Most useful for T because law states that in such acondition for breach of warranty ofhabitabilityT can stop

rent totally2. This gives T the opportunity to cure, where L will feel

forced to make conditions habitable asap or no rentiii. Damages


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XI. Tenant obligations to Landlord1. Impliedobligations

a. Pay rentb. Vacate at the end of termc. Return property in samecondition as it was at commencement datei. This is impliedobligation

ii. Establishes 2 part duty on T:1. Duty to avoid activewaste

a. Permanent injuryto the premises by intentionb. Injury not measured by FML; even if the value of

the property is enhancedc. Example: removing afixture (furnace/custom

window)i. Once movable chattel that has been affixed

2. Duty to avoidpassivewastea.

Tfailsto make repairs that lead to permanentinjury of the real estate

iii. In order to avoid waste problem, T can addprovisionenablingalterations and modifications to premises to suit needs ofbusiness/residence

iv. Common law rule is that you cant change condition of thebuilding

1. If proposed change reduces market value then it isprohibited

2. Repairsa. Ordinaryrepairs are T obligationb. Extraordinaryrepairs are L obligationc. Decided based on cost of repair against the remainingFMVoflease

i. Example: if its minor in relation to the value of the leaseholdestate then it is ordinary(T obligation)

ii. If it is relatively expensive then it is extraordinaryiii. 2 Exceptions:

1. Lease of only a portion of the building and entire buildingburns down


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a. This results in a failure of consideration because Tnever had an interest in the soil

2. Implied Warrant ofhabitabilitya. Where most T are incapable of repairs, only as it

applies to residential Ti. T bypasses the obligation of passive waste;

active waste still holds T liable3. NY Rule: 3rd exception: T has right to terminate if:

a. Whenever there is a sudden event leading to injuryor destruction

b. The premises is rendered unusablec. The parties have not agreed otherwise

d. In agreement, there are usually certain reparation termsi. T must keep the premises in good repair

1. When provision is in agreement, its interpreted to hold Tliable for even extraordinaryrepairs

ii. L must keep premises in good repair1. Interpreted to hold L liable for even ordinaryrepairs

e. Warranty of habitability1. T doesnt have to make ordinary repairs in residential

tenancy3. Remedies

a. Security deposit(most frequently invoked remedy)i. Created in agreement b/w parties and only holds that it mustexist

ii. If T defaults, after noticeand opportunity to cure, L has right to curedefault by taking security depositin order to effectuate cure

iii. T is required to replenish security deposit upon seizure of it1. However, usually this does not occur which is why L like

to get more than 1 month SDb. Forfeiturei. Under common law, L neverhad right to terminate lease,

regardless of nature of default (even failure to pay rent)1. As a result, L added a right toforfeiturein agreement

a. If T should default, in payment of rent or performanceof any other covenant, L may at its option terminatelease

ii. 4 forfeiture clauses (common law protection):1. Strictly construed2. L must promptly enforce forfeiture provision, or else it is

deemed to have been waived3. Regardless of terms of lease, courts will only allow

forfeiture if there is 1) substantial violationof 2) materialpromise

4. Only applies when breach isfailure to pay renta. L is not allowed to declare forfeiture until 1)

demandfor rent and 2) reasonabletime to curedefault

5. Applies to both residential and commercial leases


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iii. Automaticforfeiture clause occurs automatically and without acourt order

iv. Automatic termination is notthe default; only upon clear andexpressed evidence ofintentionto do so

1. Withor without process of law2.

At the end of 10 day period, lease is at an end as if that datewere the expiration date stated in the lease.

v. Upon forfeiture declaration, there are 2 ways to repossess:1. 711(1) (Holdover proceedings)

a. If T continues in possession after expiration of termb. Estate for years and holdover Tc. T is month-month; L gives appropriate L gives one

month notice but T holds over = 711(1)d. If its non-automaticforfeiture clause, 711(1) no

good2. 711(2): Non-payment proceedings

a. T has defaulted in payment of rentb. Demandfor rent has been made but to no availc. Says that if there is default in payment of rent that

has not been cured, you can evict T, even whenthere is NO forfeiture clause in the lease

d. This is because prerequisite is simply default in rentc. Self-help

i. Common lawheld L could do so as long asno death/serious harmii. Trend towards changing this with easierjudicial proceeding

iii. Interpreting NY statute on self help (853)1. NY didnt abolish self-help doctrine2. Put the person out of real property in an unlawfulmanner

a. Person has right to property. Lease is not at an end3. Forciblemannera. Serious personal injury, or threat of serious

personal injuryiv. Minnesota departs fully from self-helpholding that only legal

resort isjudicial proceedingsv. Half the states hold noself-help and half hold yes self help

(including NY), but theres a trend toward eliminating itfully4. Leaving with unexpired term

a. T vacates and defaultsrentb. Common law:

i.

Offer ofsurrenderby T and acceptance by L and lease terminatesii. L ignoresoffer and T still has to pay full rent1. Duty to mitigateeliminates this option (Majority)2. Forces option of reletting on T behalforallowing

terminationiii. Relet- but lease is still on T behalf- L must sublet (assignment)

1. L must use reasonable diligencein attempting to sublet


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2. If L relets for less than FRV and used due diligence then Towes L difference

3. However, if L gets more he does not owe T moneya. PP is to deter breach of K- so if L gets more money

from sublet then L keeps it4. L is notrequired to change terms of lease under due

diligencea. Whether it be monthly terms/type of lease (office)

5. NY Rule: NO duty to mitigate, even with residentialTenancies

6. No obligation to mitigate in lower courts (in Holy Property)c. **PP reason to distinguish commercialfrom residentialtenancies-

5. Subleta. Silent agreement

i. T can transfer entire interest (assignment) or part of it (sublease)ii. CA holds that its freely alienable and L has no right to stop

transfer

iii. Exceptionto free alienability: when L has relied on specialskill/identity of T- where reliance is impliedfrom terms of lease

1. L owns mall and needs anchor T- they onlywant luxury Tiv. PP is againstrestrictions on alienability so its construed strictly

against L1. In light of this PP, courts allow subleasing instead of

assignment where its not allowedv. To protect himself, L now incorporates no sublettingin

agreement1. This is example ofstrict construction doctrine

b. Waiversi. Expected waiver1. L is aware of transfer; and accepts rent from transferee

2. L cant then deny subleasingii. Unexpected waiver

1. Once you waive (permit) first transfer L automaticallywaives all future transfers (assignment/sublets)

2. To solve this L attorney drafts in K that L reserves rightto monitor alltransfers

c. Assignmentsv. Subleasei. Assignment

1. For entireremaining term, with no reversionary interest inT2. T transfers entireinterest- premise and space- for entirebalance of term of lease (whole entire thing basically)

3. 3 assignmenttypes:a. Peer assignment- onlyT speaks in assignment

agreement- Ihereby assign all my right, titleandinterest to you


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b. Assignment + Assumption- bothparties speak-assignor: Ihereby assign all of my rightsto you;and assignee: Ipromise to perform all obligationsunder your lease

c. 3 party agreement-b/w all3 parties- assignor:Itransfer all myrightsassignee: Ipromise toperform all obligations under your lease L: I herebyrelease Chase from his obligations under the K(Rare)

ii. Sublease1. T reserves reversionaryinterest in sameterm

a. Reversionary interesti. When it is set to go back to original T for

at least sometimeii. Not based on whether assignor will get it

back upon default, because he always willd. Consent

i. To solve issue of not being able to assign lease- T that wants tosublease needs to retain1 square foot/assign the whole thing less1 day. This solves assignment issue

1. However, L will add provision that restrictsT fromassigning or subletting w/o consent

ii. Reasonablenessstandard1. T should be able to sublet if subleasee is reasonable2. Based on factors such as: financial capability, suitability for

particular property (subjective), legality of use, need for change-up

3. NY Statuteonreasonability (Residential only)a. Allows T to move forward when L acts

unreasonablyb. T has option to terminatelease in this event

4. (Majority rule/NY rule)onreasonability (Commercial)a. Silencein agreement = free to transferb. L can arbitrarily deny consent in agreementc. PP behind reasonabilityrule: denying consent solely

based on sensibilities of L is not reasonablei. This is because L desire for a better bargain

has nothing to do withpermissiblepurpose,which is not for economic purposes, ratherfor performance of leasehold obligations of

particular propertyd. Assignment does not extinguishK b/w L and T(releasedoes)

i. The only time privity of Kis when there isnovationof leasehold

iii. Unreasonablenessstandard1. NY and majority rule: if lease provides, only needconsent


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2. However, there is some movement towards recognizingreasonableness standard

3. Unreasonableness factors:a. Objective vs. subjective(reasonable L standard- would

reasonable L in circumstances deny consent?)b. Financial responsibility/Legality of proposed

use/Overall nature of occupancy /suitability(office/factory/clinic) Suitability of T for particularspace

XII. Rights and Obligations between Parties1. L can sue based on:

a. Privity of Ki. There is K b/w parties

1. If L and T2 dont have K then he cant sue himii. K contains express promise that is breached

1. Promise to pay rent2. To make ordinary repairs

iii. K has not been extinguished1. Only when L expressly releasesT2. Assignment and sublease is not extinguish unlessspecified

b. Privity of Estatei. Estate in land created by one of parties in lawsuit

1. Can be T2 (assignee) or L2 (future interest)ii. Other party to lawsuit holds present interest in same estate

1. Alwaysapplies toASSIGNEE2. Neverapplies to SUBLEASE

a. For sublease, L can onlysue Tiii. Promise in question inheres (attaches) to the estate

1. Sustains the estate and enjoymentof it2. Obligation to pay rent alwaysinheres in the estate


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XIII. Marketable Title1. Contract Phase

a. When Buyer is ready willing and able to buy on terms of Seller K isready

b. First there is listingof parcel (through broker); then K is signedby Baccording to S terms; lastly there is closingc. In K of sale there is impliedpromise that seller has marketabletitle

i. However, beforehandB must make sure S has marketabletitle1. Inspectproperty to ensure it is in good condition2. Search back 60 years (more than that is too burdensome)

d. Marketability of title has to be free from reasonabledoubti. As long as it mayexist there can be reasonable doubt

1. If there is reasonable doubt, is it seriousenough toterminate?

2. Standard is if a reasonable person in the circumstanceswould refuse to purchase based on possibility of lawsuit

ii. However, breach occurs at closing1. So before closing date, buyer cannot claim damages/etc2. This leads to noticeand opportunity to cureandquiettitle

a. Until closingdateand reasonable timethereaftere. If title isnt marketable B can terminateK of sale before closing

i. So serious that mostpeople in circumstances would terminate1. Seller would respond, it is not the case

ii. You never get official answer until court order determiningiii. This leads to Insurablevs. marketabletitle

1. Since it would take too long for court, parties rely oninsurance company, who may be willing to insuretitle

2. Seller promises such titleas any title insurance companyauthorized to operate in the state of (NY) is willing toinsuresubject to no encumbrances except thoseenumerated in K

f. Mergeoccurs once K is closedi. No more right to terminatebased on K agreement

1. So if B doesnt spot title defect and deed is quitclaim-screwed

g. Assumed to befee simple absolute


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i. This is waivable1. I have title

Breacha. Notthe owner at alli. You are owner but dont have type of estate

promised1. FS determinableinstead of fee simple absolute2. Stated the wrong amount of acreage

a. Loss from adverse possession2. There are no encumbrances

ii. Right that exists in 3rd party that will interferewithfulluse and enjoyment of parcel

1. Restricted covenanta. Owner perhaps cant paint parcel

w/opermissionfrom architecture2. Mortgage lien is also encumbrance

iii. Seller needs to modify K accordingto encumbranceiv. Privaterestriction is alwaysencumbrance and

renders title unmarketablev. In this event there is Notice and opportunity to cure

before breachvi. As longits possible to cure, B has no right to

terminate for reasonable timeNot an encumbrance

o Right that exists in 3rd party that serves benefitto property owner Public road with sewage easement

Is easement visible? Does sewer line serve property in question?

(Beneficial) Some sense of interference However, benefit of service alwaysoutweighs

interferenceo This is net effect

o Municipal restrictions are not encumbrances unlessviolated2. Doctrine of Merger

a. After closing no more K titlepromise, and COA can only arise from deedi. All promises in K are mergedinto the deed

1. Merge into deed, as soon as K is madeb. Deed(necessary to validly transfer title b/c there is SOF requiring

writing for any transfer ofrealproperty)i. General warranty(6 promises)

1-3 ispresentcovenant1. Seisen

a. Seller is ceased oftitleto all of premisesb. Fee simple absolute (implied)

i. A/t less is breach


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2. Right to conveya. I have title, and right to convey itb. Usually hand in handc. Occasionally, sale of real estate is restricted for a

certain amount of time3. Encumbrances

a. Any rights that exist in 3rd party that interferewithuse and enjoyment of premises

i. Mortgagewould be interferenceii. Public land use controls would not be an

encumbrance b/c it isnt at conveyance timeBreach: this occurs immediately upon closing b/c that is when it exists (thats why first3 are calledpresentcovenants)

4. Warrantya. Against any person ever claiming the premises

i. Youwillnot suffer a lossBreach:Only when holder of paramount title dispossesses you and collects payment fromyou. THEN breach occurs

5. Quiet enjoymenta. You will not be dispossessed due to a failure in title

i. I suffered a loss because of the failure of titleBreach: Warrantyand quiet enjoymentare the same to courts; breach upon ouster; can beactualor constructive-payment toperson holding paramount rights in order to avoidousterExample: mortgage lien unknown at closing, when mortgagee asks for $- constructiveouster

6. Further assurancea. As reasonably required to clear defects in titleBreach: occurs upon refusalto clear title

ii. Special warranty(more common in NY)1. Seller is making the same6 promises w/one limitation:

a. All encumbrances made by meor suffered by mei. Loss of footage by adverse possession

ii. Could be from mortgage lien tooiii. Quitclaim

1. You get what I give you, and I dont promise anything morethan what you see

2. If there is a quitclaimdeed then upon any problem laterrecognized you have nothing against original seller!3. In foreclosure sales the deed is always a quitclaim

3. Covenants running with the landa. Seisen does notrun with the landb. COA are not transferred or impliedly assignedc. Covenants are transferredd. Majority rule holds that until theres an ousteryou cantsuee. NY Rule: COA is impliedly assigned


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i. Since the reason for the rule has vanished, the rule should vanishii. 6 year SOL upon ouster

f. Future covenants run with the land withprivity of estatei. Grantor conveyed title/possessionto grantee who reconveyed it

1. Fraud conveyance where grantor had no title- noprivity-estate**PP is to protect current owner

DiLorenzo Property Fall 2010

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