Real Property

"To A for so long as..." "To A during...." "To A until...."

Must use CLEAR DURATIONAL LANGUAGE;
Devisable, descenable, and alienable ;
Possibility of reverter in the grantor

"To A, but if X event occurs, grantor reserves the right to re-enter and retake"

Must carve out a right of reentry (requires action at grantor's option)

"To A but if X event occurs, then to B"
Includes: shifting executory interests (cuts short)
Can use either Determinable or Condition Subsequent language

Any direct restraint on the transferability of a fee simple is void - ban must be linked to a reasonable time limited purpose
Exception - Cooperatives

Overt conduct causing a drop in value
PURGE (natural resources):
Prior Use (prior to grant was used for exploitation)Repairs (reasonable repairs/maintenance)Grant (expressly granted)Exploitation (land is suitable only to exploit)

Land is allowed to fall into disrepair from neglect
Tenant must maintain premises in reasonably good repair and pay taxes

Life tenant MUST NOT engage in acts that will enhance the property's value unless ALL FUTURE INTEREST HOLDERS ARE KNOWN AND CONSENT

Each owns a part (can be unequal)
Right to access the whole
Transferrable by descent, devise, or alienation

T-TIP:Take at the same TimeTake by the same TtitleIdentical Sharesright to Possess the whole
Clearly express rights of survivorship
Not descendable or devisable

Arises presumptively w/ transfer to married partners
Note: Creditors of 1 spouse cannot touch, no unilateral conveyance

(1) Death of second to last JT(2) Conveyance inter vivos(3) Final partition decree(4) Murder of one co-tenant by another(5) simultaneous death of co-tenants
Note: In a title theory jurisdiction a mortgage on a property interest severs the tenancy; leases are split; judgment liens sever when sold

Less than a life estate - reversion in grantor
L/T rights develop from it
Covenants are independent from each other, except - habitability and actual/constructive eviction

Open to evict or hold to new tenancy
Residential: Locked into a new month to month, periodic tenancy
Commercial: may be locked into a longer lease that mirrors the written one (not longer than 1 year, SOF)
Note: Rent can only increase w/ prior notification; also, short delay and delay through no fault of tenant is insufficient

Extinguishes an easement if both the dominant and servient parcels are under common ownership in the same manner

Non-use insufficient - requires an affirmative act w/ an intent to abandon