Michigan Real Property Distinctions – Flashcards

– can transfer, grant, convey, devise by owner
– can occur before or after ROE becomes effective

– can transfer, grant, convey, devise by owner

– ROE/POR are uneforcible if specified condition not occur within 30 years after terminable possessory interest created
– Rights of termination may be preserved by recording written notice within period of not less than 25 nor more than 30 years after the creation of terminable interest

– contingency must occur within perpetuities period

Doesn’t exist in MI and is considered fee tail

Lifetime use of 1/3 of all lands husband was seized of at any time during marriage

Abolished

Abolished

yes

– same as present interest

Uniform Statutory Rule Against Perpetiuties

Valid if certain to vest/terminate within common law period of lives in being plus 21 years or it actually vests/terminates within 90 years after the interest’s creation

Wait and see

MI doesn’t like, and if permitted, construed to prevent forfeiture

Must be reasonable within a particular case

– MI recognize spendthrift clause as valid restraint on equitable life estate

No- conveying title to yourself and another as JT creates a JT

Need to expressly declare JT or otherwise it is TIC except if mortgages, devises, grants made in trust, to executors, or to husband and wife

Not just JT but it is a joint life estate with alternative contingent remainders

Either or both parts of the JT w/ right of survivorship (the joint life estate or the alt cont remainders) can be transferred.

– Avoids severance and the defeat of survivorship

Can be partitioned w/o affecting the contingent remainder

– Lasts only as long as estate is partitioned
– partition ends at death of co-tentant and then remainder becomes possessory

JT cannot defeat his co-teantns right of survivorship and deed doesn’t create TIC
– JT can only convey share in a joint life estate and/or a contingent remainder

Lien theory

Tenancy by entirety

No

Can be applied where equitable remedy is necessary

(i.e. husband peaces out and wife maintains property and he doesn’t attempt to call/contact..her estate can recover part of money from him that she paid on the property)

One year’s notice

Terminated at any time by notice equal to intervals b/w periods

One month

One month

– trespasser OR
– tenant holding upon terms of original lease

Tenancy renewed but tenant cannot create different tenancy

cannot do
– go to district court to recover repossession
– also then entitled to damages from time of demand for possession or notice to quit

Must be in writing if for more than one year and signed by party by whom lease is to be made/someone authorized to do it for them.

Modification doesn’t need consideration if there is writing signed by party against whom modification is sought

subject to recording laws

Tenant can terminate lease if premise is untenable provided no agreement to contrary. Not liable for any rent after lease is terminated.

If bldg is untenable or unfit for occupancy due to injury/destruction, and is w/o fault or negligence of tenant, tenant may surrender his estate (as long as no contrary writing) and terminate liability for rent

If tenant fails to pay rent due (within 7 days from service of written demand for possession), landlord may recover possession of premise where person fails to pay rent due by summary proceedings in district court

1. That premise and common area are fit for use intended by the parties; and

2. To keep premise in reasonable repair during lease and comply with applicable health and safety laws of state/local govn’t where premise is except where disrepair or violation of health/safety law is caused by tenants willful or irresponsible conduct/lack of conduct

Can be modified where lease has current term of at least a year. but inspection of premises before entering into lease doesn’t defeat right to have benefit of covenants

Landlord’s breach of duty render premise unsuitable for occupancy

Tenant may terminate lease without liability for rent subsequent to vacating premise where building has become untenable without fault or neglect on his part (except if agreement to contrary)

Need to show: penalty for D’s attempt to enforce right under lease/law; penalty for complaint to govn’t agency about health/safety code violation of landlord; any unlawful act including membership in tenant org; increase D’s obligation under the lease as penalty for lawful act; landlord committed breach of lease that excuses payment of rent; rent paid into escrow acct/receiver if alleged to be due

Presumption arises in favor of defense (tenant) if tenant shows that within 90 days before commencement of summary proceedings that are seeking possession of realty, he attempted to secure/enforce rights against landlord

Landlord establish by preponderance of evidence that termination not in retaliation for such acts

Presumption adverse to defense arises and tenant has burden to establish defense by preponderance of evidence

Fair and reasonable covenant

Not just to keep in reasonable repair but to keep them fit for the use intended!

Not liable for injuries caused by them unless he had notice of them or there was sufficient time to charge him with notice of

Not liable for osnequential damages (tort damages) for his failure to repair

– applies to residential only

Cannot include things such as this in residential lease:
– waiivng remedy avialable to parties when premise violates covenants of fitness and habitability
– excluding/discriminating against person that violate civl rights
– confessing judgment
– exclupating landlord from liability for his duty to perform/negligent performance of duty imposed by law

-If landlord fails to cure this within a reasonable time, tenant can bring action for relief which includes termaintng tenancy, recovering damages of $500 or actual damages (whichever is greater)

15 years

15 years

10 years

5 years

No

MI adopted Uniform Vendor and Purchaser Risk Act- places risk on seller unless buyer has title or possession at time of loss

– executed in presence of 2 witnesses
– witnesses subscribe name to deed
– person executing deed acknowledge execution before judge/clerk of ct/notary public

May be proved by any competent subscribing witnesses to the deed before any court of record in MI

Warranty Deed implies
– seisin
– right to convey
– quiet possession
– free from encumbrance
– warrant and defend title

No other covenant implied

race notice

40 year search cut off date

if have unbroken chain of titlee of record in land for 40 years is deemed to have marketable record title but won’t have if land is in hostile possession of another

folows majoirty view

Not exonerated unless will directs exoneration

Anti-lapse statute applies to gifts made to genes who were dead when will executed

Void

To enforce, mortgagee must show that his legitimate interest have been impinged upon mortgagor’s sale of property on contract

– advertisement
– action in circuit court

Foreclosure immediately effective to transfer absolute title and right to possession without allowance of any right of redemption by mortgagor

Not allowed

Helps clear up, by court adjudication, all rights/claims/defenses

Cant shut out other asserted mortgages or liens as can be down by judicial foreclosure

Action; 6 months

Advertisement: one month to one year depending on type of property mortgaged

Action: court clerk directed to issue execution for amount of deficiency on application of P’s attorney w/o notice to D or D’s attny

Ad: personal lability for debt not extinguished by realizing upon security and action lies for any remaining balance. Must usually go to subsequent adjudication to figure this out.

Vendee acquires possession of premises and equitable title while legal title remains in vendor as security for vendee’s performance of the K. If breached, vendor can declare K as forfeited and repossess premise. After forfeiture, proceedings in court lie to enforce delivery of possession unless vendee makes voluntary surrender

Foreclosure dismissed if D pays principal and inters before judgment of sale

Large bodies of water recognized as natural resources that belong to public.

State acts as trustee of public rights in these natural resources

When state conveys lakefront property to private parties, conveys as subject to this trust.

Below ordinary high water mark

aesthetics may be validly considered ind metering if zoning ordinance has reasonable relation to general welfare but this cannot serve as sole reason for excluding legitimate use of property