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Yessie's Bar review pt.4

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yessieb's version from 2015-06-29 10:02

1) Freehold estates are LEFTS

Question Answer
LELIFE ESTATES
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:
Question Answer
FTFEE TAILS
SFee SIMPLE (SAD)
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2) The 3 types of fee simple estates are SAD

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SFee Simple SUBJECT to a Condition Subsequent or Precedent
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:
You’ll recognize these interests when they BOP you on the head
Question Answer
o B“BUT”, if liquor is ever sold on the land, then to G
o O“ON condition that” the land is used only for residential purposes
o P“PROVIDED” the land is not used for commercial purposes
AFee Simple ABSOLUTE
DFee Simple DETERMINABLE
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These interests can be recognized by SUD language
Question Answer
o S“SO long as” liquor is not sold on the land
o U“UNTIL” the land is not used for religious purposes
o D“DURING” this period, the land is used only for residential
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  purposes

3) Joint Tenancies are created in the PITT

Question Answer
PPOSSESSION
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, and require unity of:
Question Answer
IINTEREST
TTIME
TTITLE
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4) 4-D’s

Question Answer
DDEATH of one spouse automatically vests title in surviving spouse
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defeats a tenancy by the entirety:
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DIf one spouse becomes a DEBTOR in bankruptcy, Fed law allows the trustee in bankruptcy to
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sell TE & divide proceeds (½ to trustee in bankruptcy & other ½ to non-bankrupt spouse)
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DDUAL transfer of TE, in which both H & W take part
DDIVORCE, annulment, or, in NY, a separation judgment
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5) A COW partitions realty:

Question Answer
CCOURT decree
OORAL agreement between all (100%) of the co-tenants provided they all (100%) go into possession
WSigned WRITING voluntarily partitioning property by exchange of deeds signed by all cotenants
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6) A broker earns a commission when he or she procures a RAW buyer:

Question Answer
RREADY
AABLE
WWILLING
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7) A PIP

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PBuyer who has PAID the purchase price, in whole or in part
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may enforce an oral real property contract:
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IBuyer making valuable IMPROVEMENTS on realty
PBuyer taking POSSESSION
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8) A donative transfer requires AID

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AACCEPTANCE by donee
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:
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IINTENT to make immediate gift
DProper DELIVERY of a signed & acknowledged deed
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9) SEC FEW are in warranty deeds

Question Answer
SCovenant of SEISIN
ECovenant against ENCUMBERANCES
CCovenant of the right to CONVEY
FCovenant of FURTHER Assurances
ECovenant of Quiet ENJOYMENT
WCovenant of WARRANTY
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10) The CIA gives notice to a real property buyer

Question Answer
CCONSTRUCTIVE notice
IINQUIRY notice
AACTUAL notice
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11) PINTS for real covenants, but TINS

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PPRIVITY of estate
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for equitable servitudes:
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IINTENT by original contracting parties that covenant attach to land & run to future
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  assignees (Horizontal Privity)
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NCIA NOTICE of Restrictive Covenant
TMust TOUCH & concern the land
SMust satisfy the SOF
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12) PINTS can come in CANS

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CImposed by COMMON owner to protect lands retained
ACovenants agreed to by ADJOINING landowners/neighbors
NImposed for the benefit of NEIGHBORING lands
STo carry out common plan or SCHEME
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13) In granting or denying an area variance, the court considers ACES2

Question Answer
Aare there ALTERNATIVES available that don’t violate zoning law?
Cwould the proposed variance alter the CHARACTER of the neighborhood?
Ewould it adversely affect the ENVIRONMENT?
Sis the problem the SELF-CREATED, or did he buy w/ notice of the problem, or create the problem & build w/o a permit?
Swas the variance insubstantial or SUBSTANTIAL?
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14) A EUNUCH establishes adverse possession:

Question Answer
EEXCLUSIVE possession (not shared w/ owner)
UOwner was UNDER no disability (infancy or mental incompetency) when AP began!
NNOTORIOUS & open possession, which would put the true owner on notice that trespasser was possessing his land & he should bring an ejectment action.
U(New York) UNDER a good faith belief of a claim of right.
CCONTINUOUS/uninterrupted actual possession
HHOSTILE possession
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15) The hostility prong of AP is negated if, during 10 yr period, AP calls the owner OPA

Question Answer
OOFFERS to buy land from true owner
PAsks PERMISSION of true owner to use land
AACKNOWLEDGES title in true owner
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16) Negative easements are limited to LAWS

Question Answer
LLIGHT easements
AEasements of AIR
WEasements regarding WATER use
SEasements of SUPPORT
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17) PIGS create easements:

Question Answer
PEasements by PRESCRIPTION
IEasements by IMPLICATION (a.k.a., quasi-easements)
GEasements by GRANT
SEasements by STRICT Necessity
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18) You get an implied easement if you find a CRAB

Question Answer
CBoth dominant & servient estates were formerly held by a COMMON owner
RUse of an implied easement is REASONABLY necessary for reasonable use of the dominant estate
AUse of the easement was plainly & physically APPARENT from reasonable inspection of thland (exception: implied easement for underground water pipes)
BFormer use of the land subordinated one part of the land for the BENEFIT of another part
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19) A CRAM will extinguish an easement:

Question Answer
AABANDONMENT
CCONDEMNATION by state’s exercise of eminent domain
RSigned writing, RELEASING the easement
AADVERSE Possession of a servient estate in a hostile manner, preventing use of the easement
*MMERGER by common ownership of all (100%) of dominant & servient estates, because one can’t possess an easement, covenant, or profit on her own property
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20) TIP

Question Answer
TTYPE of chattel that generally becomes part of real estate a chattel, and it becomes a fixture:
IINTENT of person installing chattel (whether it was intended to be permanently installed, or the person intended to subsequently remove it)
PThe PARTIES’ relationship
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21) Courts will consider whether it’s reasonable to throw SPUD

Question Answer
SSIZE of waterway in the water, based on:
PPURPOSE for using water & resulting harm from that use
UExtent of USE (how much water will be used)
DDURATION of use by property owner.
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22) Even if a lease is silent on these topics, a landlord HEARS these implied covenants:

Question Answer
HHABITABILITY
EQuiet ENJOYMENT
AASSIGNABILITY of the lease
RGood REPAIR (this covenant is made by commercial tenants)
SMinimal SECURITY precautions
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23) The NY grantee is not personally liable on an assumed mortgage, unless the NY deed to the buyer expressly contains these TIPS

Question Answer
TTIME remaining on the mortgage
IINTEREST rate
PPRINCIPAL amount of debt assumed
SSIGNED by the grantee
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*Note - The MBE grantee of a deed that contains a mortgage assumption clause IS personally liable on the mortgage, even though the grantee did not sign the deed.

24) An out-of-possession landlord is liable in tort to the POLICE

Question Answer
PWhere the property was leased for a PUBLIC purpose, and LL failed to inspect and for injuries repair dangerous conditions before turning over the land to tenant
OArising OUTSIDE the premises, proximately caused by a dangerous condition on the premises, which LL should have known about when he turned over the land
LCaused by LATENT defects that LL should have known about, where tenant has not have reasonable time to discover and repair that condition
IWhere tenant’s INTENDED use of the premises created an unreasonable risk of harm to others, and LL was aware of this intended use
CWhere LL has multiple leases in the same building, and the injury occurred in a COMMON passageway
EWhere LL EXPRESSLY covenants to make repairs, and fails to do so, causing injury
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1) Vesting is as easy as ABC

Question Answer
AX must definitely be ASCERTAINABLE w/in RAP period.
BX must be a life in BEING at the time of conveyance, or in being w/in RAP period
CX’s future interest must be CERTAIN to happen
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2) RAP doesn’t apply to a future interest w/ a C2ROUP

Question Answer
CCOVENANTS running with the land (PINTS & CANS)
CA remainder interest passing from one CHARITY to another charity, but RAP may b violated if the future charitable interest is preceded or followed by a non-charity
Ra REVISIONARY interest retained by the grantor (a Possibility of Reverter, Right of Entry, or a reversionary interest on a long term lease (99 year lease))
OA tenant’s OPTION to buy or to renew contained in a long term lease
UA future interest in trust benefiting the U.S. government
PIn MBE, PREEMPTIVE rights of first refusal to buy, but in NY, only first refusals of commercial nature (business) or involving government rights are exempt from RAP; thus, a righ of first refusal on NY residential realty (between neighbors or among family members) must be fully and finally exercisable w/in the RAP period
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3) RAP applies to CORE future interests

Question Answer
CCONTINGENT Remainders
OOPTIONS to Purchase retained in a deed by a grantor that possibly could be exercisabl beyond the RAP period
RREMAINDER Interests that either follow a life estate or follow some event
EEXECUTORY Interests (remainders that follow a conditional fee i.e., fee simple determinable or fee simple subject to a condition subsequent)
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4) A FURS

Question Answer
AADMINISTRATION of the estate Contingencycures a Perpetuities violation:
FFERTILE Octogenarian exception
UUNBORN Widow exception
RREDUCING an age contingency to 21 years
SThe perpetuities SAVINGS Clause
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*Note, in MBE, A FURS converts to SAW FUR by adding the wait-and-see doctrine.TRUSTS

5) A trustee’s investments are prudent based on a TIN DAD

Question Answer
TTRUST TERMS restricting trustee investments
IINFLATION
NNEEDS of beneficiaries
DDIVERSIFICATION of investments
AThe total AMOUNT of the trust
DDURATION of the trust
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6) 10(2)SENATE

Question Answer
1010% of distributed trust income can be seized by the trust beneficiary’s judgment is not bound by the spendthrift rules creditor
10Trust Income in excess of $10,000 can be assigned away by the beneficiary prior to its receipt, but only if assignment was gratuitous (no consideration received) AND assignee is a close family relative, not more distant than Aunt, Uncle, Nephew or Niece of the beneficiary
SSELF-SETTLED trusts, where the settlor and beneficiary are the same person, trust can be attached by creditors for up to 100% of the settlor’s interest. If settlor retained only a life estate, his creditors can only seize 100% of the life estate, not the remainder interest.
ETrusts that are EXPRESSLY made non-spendthrift
NIf NECESSARIES are furnished to a beneficiary, the creditor is allowed to recover their fair value from the beneficiary’s trust income
AALIMONY & child support obligations
TFederal income TAXES owed by the beneficiary
EEXCESS trust income that is not reasonably needed for maintenance & education of beneficiary or his family
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7) If you try to TIP a trust, that means litigation:

Question Answer
TTERMINATE the trust
IInvade accumulated INCOME
PInvade trust PRINCIPAL
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TORTS MNEMONICS

1) Torts are done IN SIN:

Question Answer
IINTENTIONAL harm to a person (e.g., assault, battery, false imprisonment, or the intentional infliction of emotional harm)
NNEGLIGENT conduct causing personal injury, wrongful death, or prop damage
SSTRICT tort liability (see the mnemonic A SWAN)
IINTENTIONAL harm to property (e.g., trespass, conversion, or tortious interference with contract)
NNUISANCE
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2) Tortious conduct makes you SING:

Question Answer
SSTRICT tort liability
IINTENTIONAL conduct
NNEGLIGENT conduct
GGROSS negligence a/k/a reckless conduct
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3) A D’s FIT conduct is unreasonable/negligent when P was within the foreseeable zone of danger:

Question Answer
FFAILURE to take reasonable precautions in light of foreseeable risks
IINADVERTENCE
TTHOUGHTLESSNESS
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4) To establish a negligence claim, P must mix the right DIP:

Question Answer
DDUTY to exercise reasonable care was owed by the D to the injured P and the D breached this duty (for a negligence claim the duty is always to conform to the legal standard of reasonable conduct in light of the apparent risks)
IPhysical INJURY to the P or his property (damages)
PP’s injuries were PROXIMATELY caused by the D’s breach of duty
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5) A parent is liable only for the torts of a SICK child:

Question Answer
Sin an employment relationship where a child commits a tort, while acting as a SERVANT of agent of the parent
Iwhere the parent entrusts or knowingly leaves in the child’s possession an INSTRUMENTALITY that, in light of the child’s age, intelligence, disposition and prior experience, creates an unreasonable risk of harm to others
Cwhere the parent knows of the child’s tortious conduct and directs, approves or CONSENT to it
Kwhere the parent has the ability to control the child, but fails to exercise that control even though the parent KNEW of the infant’s violent tendencies, which could endanger a 3P
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6) F CLIPS can “cause” negligence:

Question Answer
FFACTUAL causes
CCONCURRENT causes of the P’s injuries
LLEGAL causes (Restatement language for both cause-in-fact & proximate cause)
IINDEPENDENT intervening causes (a.k.a., superseding cause)
PPROXIMATE causes
SSUCCESSIVE causes
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7) LARGE C.D.(2)'s are played in negligence:

Question Answer
LLAST clear chance
AASSUMPTION of risk
RRES IPSA LOQUITOR
GGUEST statute
EEMERGENCY doctrine
CCOMPARATIVE or contributory negligence
DDRAM shop act
DDANGER invites rescue
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8) A plaintiff can find res ipsa loquitor in a PEA:

Question Answer
PPROBABILITY that the plaintiff was injured through no fault of his own
ED had EXCLUSIVE control over the instrumentality that caused the injury
AABSENT negligence, the injury would not have occurred
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9) The Emergency Doctrine arises only in the U.S.:

Question Answer
UUNANTICIPATED; and
SSUDDEN Emergency
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9a) New York’s Emergency Vehicle Negligence Exception U.S. S.O.S.:

Question Answer
UAn UNLAWFUL Turn
SPassing through a STOP SIGN or a red light after slowing down.
SSPEED
OWrong direction on a ONE-WAY street
SSTOPPING or parking on a street
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