hour two duffy property law 4-7-10
courts resort to
relationship of the parties
the buyer wins
family room not politically correct
move into apt
lender's golden rule
he who has the gold makes the rules
borrower homeowner
trade fixtures
real prop taxed
so is mobile prop
bc of prop 13
assessed at value of real aquisitiomn
btter to be classed as real property
lease hold estate is a a fixed term property that is considered
we can further divide in fee
freehold
divided by fee or by life
goes to nearest relative by intestate succession
this could go on forever.
a life estate is also considered a freehold estate.
usually the life estate is considered a life estate.
it is nevertheless considered a fre hold estate it is a fixed period of time
this will last an indefinite period of time
or freehold
clearly real property
we can further divide fee estates
into fee simple absolute
and fee simple defeasible---meaning capable of being defeated or lost
fee simple best
ca stat protected now
or fee simple absolute subject to conditions subsequent
later when grantor conveys deed to me the grantee so long as they never sell alcoholic beverages on the premises.
as with griffith park.
illegal unconstitutional conditions not enforced
fee tail
obsolete law
quiet title action
establish to the court that the condition was violated.
if one hundred years from now
might be a grand child
then must go thru the quiet title action, then you dont have the right to do it.
fee simple subject to fee simple pre-cedent
subject to condition precedent
another
fee simple determinable
determinable
fee simple
this one is very much like this one
fee simple automatic
if violated
fee simple lost automatically
courts abhor forfeiture bc it is a very drastic remedy
same as conditions subsequent
determinable
subsequent
so long as was buzz word fo fee simple indeterminable
clearly this one as even if automatic he really meant condition subsequent
what is the remedy for the breach of a covenant
money
a far less drastic
if you give them room to forfeit.
this one is not automatic
lose green acre
may still have to go to court in a quiet title action
fourth kind of defeasible fee
not in book
goes to the american red cross fee simple subject to an executory limitation
another mouthful
didnt exist at early english common law
very easy to spot
defeasible fees recognized by CA law
all recognizable
difference btw covenants conditions and restrictions
No comments:
Post a Comment