Table of Contents
Distribution of Prop at death1
Law of Distribution of Prop when intestate1
Transfer a Legal Interest2
Possession/Ownership – Chattels2
Adverse Possession4
CPLR 2114
Elements of AP4-7
Estates in Land8
Defn8
Freehold Estates8
Fee Simple Absolute8
Fee Simple Defeasible8
Fee Tail Estate9
Non-Freehold Estates9
Fee Simple Estate10
Fee Tail Estate11
Life Estate11
Future Estates13
Reversions13
Possibility of Reverter14
Right of Reacquisition16
Effect of Adverse Possession on ROR and POR17
Interpretational Preferences of
Ambiguous Provisions17
Restrictions on Enforceability of Insubstantial18
Restrictions for Enforcement of Spec. Limit
And Cond Subsequent19
Maintaining a POR or ROR (RPL 345)19
Law of Waste19
Remainders20
Vest in Interest v. Vest in Possession21
Condition Precedent v. Cond. Subsequent22
Condition Subsequent v. Spec. Limitation22
Executory Interests23
2 Rules relating to Remainders24
Rule in Shelly’s Case24
Doctrine of Worthier Title24
Estates in Personal Property24
The Rule Against Perpetuities24
Concurrent Estates25
Severalty25
Presumptions of Grantor’s Intent to create joint
Tenancy under C/L and EPTL 6-2.225
Presumptions of Grantor’s Intent to create tenancy
By the entirety25
Presumptions of grantor’s intent to create tenancy
In common under C/L and EPTL 6-2.226
Overall NY Current Law Presumptions
EPTL 6-2.227
Proceeds of sale of real property of infant
Or incompetent RPAPL 175527
Characteristics of JT and T by the E27
Strawmen28
ROS29
Severance of JT29
Characteristics of Tenancy in Common30
Characteristics of Tenancy by the Entirety31
Termination of a tenancy by the Entirety31
Landlord and Tenant Non-Freehold Estates33
Estate for Years33
Periodic Tenancy36
Tenancy at Will38
Tenancy at Sufferance39
Landlord’s Duties Respecting Title and Possession41
Implied Covenant to Deliver Possession41
Remedies against L for Breach of Possession41
Duties Respecting Fitness and Repair of Leased Premises42
Destruction of Premises after signing lease42
Defects Arising after Signed Lease42
Defects arising after signed lease which persist42
Defects arising after term has begun43
Covenant of Quiet Enjoyment45
Implied45
Actual Eviction45
Constructive Eviction45
Remedies to T of L’s Breach of QE46
New Duties of Residential Landlords46
Warranty of Habitability47
Fitness of Leased Premises – L’s Tort Liability50
Conditions Dangerous to Persons outside Premises50
Premises for Public50
Areas Kept under L’s Control50
If L has covenanted to make repairs…50
If the L attempts to make repairs…negligently…51
If L breaches WHO or other statute51
Surrender and Abandonment52
Surrender52
Machiavelli Clause52
Surrender by Operation of Law52
Landlord’s Mitigation of Damages Requirement53
Damages53
Assignment and Subletting54
Definitions54
Assignment v. Subletting54
Rights of Tenants for Years and Periodic Tenants
To Assign/Sublet54-55
C/L Remedies56
Covenants Running With The Land at Law58
Definition58
Requirements for running of burden and benefits58
Horizontal privity and the running
of the burden/benefit58
Vertical privity and the running
of the burden/benefit59
Touch and concern requirement 59
Notice to assignee60
Running of covenants between landlord and tenant60
Promises Respecting the Use and Enjoyment of the Land62
Running of Covenants at Law62
When can burden be enforced against a Successor?62
Burden has run with the land62
Privity of estate63
The Burden touches and Concerns…63
When can Promisee’s Successor enforce covenant?64
Tenant’s Liability for Breaches of Contract65
Contracts Between Owners in Fee: The Running of Covenants
In Equity – Equitable Servitudes66
English Law66
American Law67
Recording Statutes68
3rd Party Beneficiaries70
Easements71
Types of Easements71
Transferability and Alienability74
Creation of Easements77
By alienation77
By implication78
By prescription80
Scope of Easements82
Extinguishment of Easements83
Easements (Add’l Info)84
Types of Easements84
Scope of Easements85
Alienation of Easements86
Creation of Easements87
Extinguishment of Easements90