mass dist: property
Terms
undefined, object
copy deck
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Duration of fee simple determinable ANd
fee simple subject to condition subsequent - become fee simple if contingency doesn't occur within 30 years from date teh defeasible fee becomes possessory
- When does usrap apply
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1. interests created before 6/30/90
(a) court reform interest to approximate creator's will and keep within perpetuities limit
2. interests created after 6/30/90
(a) alternate 90 year vesting period. Okay if actually vests or interest terminates within 90 years ov creation
(b) if interest invalid, court may reform in manner most closely approximating creator's will -
reqs for creation of
1. tenancy by entirety
2. joint tenancy -
express statement that tenancy by entirety being created
Creation of joint tenancy requires express langauge of right of survivorship
Conveyance to h and w without any express language creates tenancy in common - w in tenancy by entirety encumbers her interst and dies. What does h get?
- total property free of encumbrances
- periodic tenancies in MA
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Called tenancies at will
An oral lease creates a tenancy at will. (SOF prevents creation of term of years) - When tenant evicted by landlord self-help (without court order)
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l liable for treble damages or three months rent
plus attys fees - provision in lease terminating tenancy if children will occupy
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Void unless
1. three uintes or less and one occupied by elderly for whom kid would be hardship
2. owner occupied 2-unit
3. owner's principal place of residence except for temporary lease - When can tenants withhold rent?
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1. commercial tenants can't when l breaches warranty of fitness or habitability
2. residential tenants can if:
(a) warranty of habitability breached
(b) notice to landlord of witholding and
(c) conditions may endanger or impair health or safeyt of tenants - unlawful activity in common areas
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breaches warranty of quiet enjoyment
NOT warranty of habitability - When does presumption that eviction is retaliatory apply?
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when eviction w/6 months of tenant complaint
or
valid withholding of rent - injuries in leased residence
- landlord liable for unsafe conditions of which had written notice and didn't correct within reasonable time
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right of owner of real estate abutting private way
to put utilities on and through way -
valid if
1) recorded rights of ingress and egress
2. utilties don't unreasonably obstruct private way
3) doesn't interfere with existing use - Servitudes implied from common scheme
- MS strictly applies sof provisions. Thus does not recognize the common scheme basis for implied servitudes
- Limitations and continuous period for adverse possession
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Uninterrupted open possessoin for 20 years
Continuity need is strictly interpreted. Any break is sufficient to render possession non-continuous. - When is wild or woodland adversely possessed
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only when enclosed and reduced to cultivation
and meets other reqs - Who bears risk of loss prior to closing in sale of land?
- party in possession of property
- effect of recording a deed
- conclusive evidence of delivery
- deeds in ma
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1. release deed
- no warranties
2. warranty deed
- six warranties
3. quitclaim deed
- warrant that seller didn't encumber or sell to anyone else - recording statute
- notice jurisdiction
- water doctrine in ma
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riparian doctrine, giving reasonable use to riparian landowners
but great ponds are available for use by general public