Mnemonics

S – Fee Simple SUBJECT to a Condition Subsequent or Precedent
A – Fee Simple ABSOLUTE
D – Fee Simple DETERMINABLE

- These interests can be recognized by SUD language

o S – “SO long as” liquor is not sold on the land
o U – “UNTIL” the land is not used for religious purposes
o D – “DURING” this period, the land is used only for residential
Purposes

- You’ll recognize these interests when they BOP you on the head
o B – “BUT”, if liquor is ever sold on the land, then to G
o O – “ON condition that” the land is used only for residential purposes
o P – “PROVIDED” the land is not used for commercial purposes

LE – Life Estates
FT – Fee Tails
S – Fee Simple (SAD)

P – Possession
I – Interest
T – Time
T – Title

D – Death of one spouse automatically vests title in surviving spouse
D – If one spouse becomes a Debtor in bankruptcy, Fed law allows the trustee in
bankruptcy to sell TE & divide proceeds (½ to trustee in bankruptcy & other ½ to
non-bankrupt spouse).
D – Dual transfer of TE, in which both H & W take part
D – Divorce, annulment, or, in NY, a separation judgment

P – Buyer who has Paid the purchase price, in whole or in part
I – Buyer making valuable Improvements on realty
P – Buyer taking Possession

S – Covenant of Seisin.
E – Covenant against Encumbrances
C – Covenant of the right to Convey
F – Covenant of Further Assurances
E – Covenant of Quiet Enjoyment
W – Covenant of Warranty

C – Constructive Notice
I – Inquiry Notice
A – Actual Notice

P – Privity of Estate
I – Intent by original contracting parties that covenant attach to land & run to future
assignees (Horizontal Privity)
N – CIA Notice of Restrictive Covenant
T – Must Touch & Concern the land
S – Must satisfy the SOF

'TINS' is PINTS withouth the element of privity of estate.

C – Court Decree
O – Oral Agreement between all (100%) of the co-tenants provided they all (100%)
go into possession
W – Signed Writing voluntarily partitioning property by exchange of deeds signed by
all co-tenants

O – Offers to buy land from true owner
P – Asks Permission of true owner to use land
A – Acknowledges title’s in owner

T – Type of chattel that generally becomes part of real estate
I – Intent of person installing chattel (whether it was intended to be permanently
installed, or the person intended to subsequently remove it).
P – The parties’ relationship

H – Habitability
E – Quiet Enjoyment
A – Assignability of the lease
R – Good Repair (this covenant is made by commercial landlords)
S – Minimal Security Precautions

P – Where the property was leased for a Public Purpose, and LL failed to inspect and
repair dangerous conditions before turning over the land to tenant
O – Arising Outside the premises, proximately caused by a dangerous condition on
the premises, which LL should have known about when he turned over the land
L – Caused by Latent defects that LL should have known about, where tenant has
not had reasonable time to discover and repair that condition
I – Where tenant’s Intended use created an unreasonable risk of harm to others, and
LL was aware of this intended use
C – Where LL has multiple leases in the same building, and the injury occurred in a
Common passageway
E – Where LL Expressly covenants to make repairs, and fails to do so, causing injury

• Contingent remainders/class gifts
• Option to purchase connected with a fee
• Power of appointment
• Executory interests
• Right of first refusal

Substantial Interference
Notify
Goodbye

P - Partial Eviction
A - Actual Eviction
C - Constructive Eviction

R - Repair and offset
A - Abate the rent
T - Terminate the lease
S - Sue for damages

A FEE

A - Adverse possession
F - Future Interest holder unborn
E - Encumbrances exist
E - Existing violation of zoning ordinances

M- Misrepresentation
A - Active Concealment
D - Disclosure failure

K - Knows or has reason to know of defect
N - Not apparent on ordinary inspection
S - Serious defect

N - Not delivered
F - Forged
F - Fraud in factum

-common areas
-latent defets (at start of lease - warn)
-assumption of repairs (must complete)
-public use rule
-short term lease of furnished dwelling

P - Permissive waste
A - Ameliorative waste
V - Voluntary Waste

Duty = wear and tear unless expressly excluded, reconstruction
No Duty = fire and casualty damage unless expressly included

C - Condemnation and destruction
E - Estoppel
E - End of necessity
S - Stated condition

R - Release
A - Abandonment
M - Merger
P - Prescription

D - Duress
U - Undue influence
M - Mistake
B - Breach of fiduciary duty

M - Minor/incapacitated
F - Fraud in inducement

Fights involving covenants in general warranty deed are Quiet WARS involving mostly paper pushing.

Covenant of :

Q - Quiet enjoyment
W - Warranty
A - Against encumbrances
R - Right to convey
S - Seisin

Move out and terminate lease
repair and deduct
reduce rent (keep money in escrow)
Remain in possession and seek damages

Surrender (words/action)
Ignore (hold responsible) or
relet (ry, find new T and mitigate then terminate lease)

Waste not
illegal purpose NO
pay rent
repair