1L Exam Prep and Motivation Thread Forum

[alicrimson]

This is probably a really silly question, but if there is a joint tenancy and one joint tenant takes out a mortgage on their interest, does it sever the joint tenancy? Or does the severance occur if there is a default on the mortgage and bank takes action? Thanks!

[Guchster]

This is probably a really silly question, but if there is a joint tenancy and one joint tenant takes out a mortgage on their interest, does it sever the joint tenancy? Or does the severance occur if there is a default on the mortgage and bank takes action? Thanks!

Minority jdx: follow title theory--mortgage is regarded as a transfer of title and thus causes a severance
Majority view: Mortgage is a lien on title-and therefore severance ONLY occurs in the event that the mortgage is foreclosed and the property is subsequently sold.

ETA:

Same with leases, majority rule is that they do not effectuate a termination of a joint tenancy. But conveyances are enforceable in equity, and thus they are treated as effective transfer of interests. So if a vendor dies before title is transferred, vendee is entitled to a deed from the estate and becomes a tenant in common with JTs.

[alicrimson]

This is probably a really silly question, but if there is a joint tenancy and one joint tenant takes out a mortgage on their interest, does it sever the joint tenancy? Or does the severance occur if there is a default on the mortgage and bank takes action? Thanks!

Minority jdx: follow title theory--mortgage is regarded as a transfer of title and thus causes a severance
Majority view: Mortgage is a lien on title-and therefore severance ONLY occurs in the event that the mortgage is foreclosed and the property is subsequently sold.

ETA:

Same with leases, majority rule is that they do not effectuate a termination of a joint tenancy. But conveyances are enforceable in equity, and thus they are treated as effective transfer of interests. So if a vendor dies before title is transferred, vendee is entitled to a deed from the estate and becomes a tenant in common with JTs.

You're the best

[jess]

.

[Arbiter213]

Lol blackout.

[TTTLS]

I feel screwed for property. I am juggling so many concepts right now. Less than 24 hrs left.

[LSATmakesMeNeurotic]

Does any one have a table of cases they used for their con law final? I want something to compare/contrast with the one I made that is sure to be shitty. Thanks!

I have one, but it's not particularly well written. I can email it to you though if you want it.

[JenDarby]

I just started Free civpro lectures. I'm pretty sure my professor just watched these and then figured out a way to stretch 6 hours into 1 semester. This explains why we would spend an entire class going in circles on one case.

[alicrimson]

One more!!!! 9:00 is the beginning of the end. I don't anticipate good things for this semester, but you never know. Atleast we will all be finished in less than three-ish weeks. No more 1L.

[kapital98]

One more!!!! 9:00 is the beginning of the end. I don't anticipate good things for this semester, but you never know. Atleast we will all be finished in less than three-ish weeks. No more 1L.

[aquasalad]

I'm done tomorrow after my 9am. property will be interesting...

We made it

[JenDarby]

I'm done tomorrow after my 9am. property will be interesting...

We made it

I'm not done for 12 days.

[Dany]

I'm done tomorrow after my 9am. property will be interesting...

We made it

I'm not done for 12 34 days.

[LSATmakesMeNeurotic]

Can you have an equitable servitude AND a covenant at the same time?

[alicrimson]

Can you have an equitable servitude AND a covenant at the same time?

When going through my analysis, I usually cover both just in case. I'm pretty sure a covenant has to be in writing because it is intended to run with the land and must be to get through the statute of frauds. Equittable servitudes are in equity so one could say even if there was no horizontal privity, the promise could be enforced in equity. I hope that helps. It isn't really BLL its just kind of how I conceptualize and would run my analysis. I'd then look at the facts and talk through the different types of equittable servitudes.

[crossarmant]

Can you have an equitable servitude AND a covenant at the same time?

Yes. All real covenants are equitable servitudes, but not all equitable servitudes are real covenants. If you lack the necessary elements for a RC, look to see if you can assert an ES as an alternative. RCs allow monetary damages as well as injuntive relief, ES only have injunctive relief; so if in the question the party only wants an injunction, then make that clarification.

EDIT: Posted this 15 pages earlier, it may help

For Real Covenants (May seek injuctive relief and monetary damages):
Running the Burden
1. Intent
2. Writing
3. Horizontal Privity
4. Vertical Privity (May not be of a lesser quanta, must be same estate)
5. Touch & Concern
6. Notice

Running the Benefit
1. Intent
2. Writing
3. Vertical Privity
4. Touch & Concern


For Equitable Servitudes (May only seek injunctive relief):
Running the Burden
1. Intent
2. Touch & Concern
3. Notice

Running the Benefit
1. Intent
2. Vertical Privity (May be of a lesser quanta: FSA --> LE)
3. Touch & Concern

[LSATmakesMeNeurotic]

<3 Thank you

[JenDarby]

I'm not thrilled I'm listening to Freer at 2:45am, BUT he's very helpful.

[Lasers]

i'll take studying over sleep during finals any day.

[JenDarby]

i'll take studying over sleep during finals any day.

6 hours of Freer isn't quite my ideal evening, but I slept in until 6pm today so I can't really complain.

[094320]

..

[piccolittle]

Reading that CLS 2L depression thread is seriously fucking with my mind. Given my entirely apathetic performance this semester, I can easily see myself ending up like that person. Not a great thought to have 3 hours before an exam for which I know nothing...

[crossarmant]

Last final in 2.5 hours, I cannot believe that 1L is almost over. I felt like I blinked in August and here it is May, this year went by incredibly fast but I am glad it's over.

This will be me at 2pm today
http://www.youtube.com/watch?v=V1e5h9YS ... R6s-TpSSVw

[alicrimson]

Last final in 2.5 hours, I cannot believe that 1L is almost over. I felt like I blinked in August and here it is May, this year went by incredibly fast but I am glad it's over.

This will be me at 2pm today
http://www.youtube.com/watch?v=V1e5h9YS ... R6s-TpSSVw

+1 but at 4:00. Got to love a 7 hour property take home...though it is no where near as awful as the 27 hour con-law final. As for the post above yours, I keep reading about how 2Ls don't care, yet I see them at the lawbrary and keep wondering when the apathy will set in. Should this transformation have already taken place? Does it happen over the summer? When does this 2LoL business start and why does it seem like everyone has been in fourth gear all semester? Maybe I'm off base or just friends with meta-gunners....anywho, good luck and thanks again for the property advice yesterday.

[lifestooquick]

Con law take home due in 4 hours. Seriously may not finish. This is awful