Adaptibar Flashcards
Who gets the interest on a security deposit that is held for the duration of a tenancy?
The tenant
If a tort occurs on property that is commonly held like a condo swimming pool, who can be joint and severally liable for the tort?
Usually only the homeowners’ association, not individual board members or people who own units in the condo and are thus part of the homeowners’ association
If a conveyance of property doesn’t use words of limitation like “so long as, while, until, but if, on condition that,“ for a subsequent condition that limits the fee, then do the obligations limit the property rights that are conveyed?
No, if you don’t see those words of limitation, then the obligations do not limit the property rights conveyed, but instead they impose contractual conditions on the grantee.
Does this fact pattern create a fee simple subject to condition subsequent?
A grantor conveyed land to a grantee with language that said, “to have and to hold in fee simple subject to the understanding that within one year the grantee shall construct and then maintain and operate a public health center on the land.“
No, because it does not use durational language such as “so long as, while, until“ so the obligations just impose contractual conditions on the grantee. The key language to know this are the words “subject to the understanding“ which creates contractual language
Can a non-attorney execute standard mortgage loan documents?
Yes, as long as he does not exercise legal discretion or give legal advice
If you purchase a ticket to an event, what have you gotten?
A license, and not a property interest. So the ticket holder has the contractual right to revoke the ticket and the remedy will be in contract and not property law
