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Property > Bar Prep > Flashcards

Bar Prep Flashcards

1
Q

Types of servitudes

A

Easement, license, convenant

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2
Q

Definition of easement

A

The grant of a non-possessory property interest

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3
Q

Easement holder vs property holder’s names

A

Dominant land and servient land

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4
Q

Positive vs negative easements

A

Positive easements allow you to use or enjoy, while negative easement (rare) prevent a course of action.

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5
Q

Types of negative easements

A

LASS - light, air, support, streamwater from an artificial flow (meaning arid climate)
Minority rule - 5th category called scenic view

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6
Q

Types of easements (based on benefits)

A

Easement appurtenant and easement in gross

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7
Q

Easement appurtenant

A

It takes two - ex) You can use my land (serv ten.) to get to your land (dom ten) = easement appurtenant. Dominent tenement gets the benefit, servient tenement bears the burden. Lands do not need to touch.

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8
Q

Easement in gross

A

Only one property affected. No land is gaining some benefit or advantage linked to the holder’s use or enjoyment

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9
Q

Transfer of easements

A

Easements appurtenant are automatically transferred, while easements in gross are ONLY automatically transferred if commercial in nature - i.e. StarKist tuna contract to fish in your lake VS letting your neighbor do it (b/c unique and personal)

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10
Q

How do you create an easement

A

PING - Prescription (adverse possession - remember COAH: continuous use, open and notorious, actual use, hostile, implication (implied by existing use–i.e. sewer line), necessity (landlocked ex), grant (subject to SoF)

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11
Q

What is a license

A

Privilege to enter another’s land for some delineated purpose

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12
Q

RAP BLL

A

No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.

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13
Q

RAP only applies to

A

vested remainders subject to open, contingent remainder, executory interest DOES NOT APPLY TO any interest in O the grantor, or indefeasibly granted OR subject to complete defeasance

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14
Q

Joint tenancy elements

A

4 unities - 1 at same time; 2 in same instrument; 3 equal parts; 4 right to possess the whole

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15
Q

Types of joint ownership

A

tenancy in common, joint tenancy, tenancy by the entirety

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16
Q

severing joint tenancy

A

A joint tenant can (even secretly) give up their interest; also can partition by voluntary agreement OR by the court (either via partition in kind-usually agricultural-or via forced sale)

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17
Q

How to make a joint tenancy

A

Use “right of survivorship language”

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18
Q

Tenancy by the entirety rules

A

Made via marriage, creditors of one spouse cannot reach, and not freely devisable by one party

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19
Q

Tenancy and rent -

A

Rent from 3Ps given to all owners (an “accounting”) but no rent for other owners

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20
Q

Tenancy and repairs -

A

Right to contribution for reasonable expenses

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21
Q

Tenancy and improvements -

A

During life of cotenant no right to contribution but at partition there is a credit for any enhancements improvements (can work other ways though)

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22
Q

Tenancy and waste

A

Cotenant can bring waste action during the life; includes ameliorative waste

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23
Q

What is the MBE

A

200 q’s, 6 hours, 50% (but jrx dependent)

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24
Q

How many questions are scored on MBE

A

175/200

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25
Q

What subjects are on MBE

A

Civ Pro Con law Contracts Crim law/pro Evidence Real Porperty and Torts (essentially L plus evidence)

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26
Q

What is the MPT -

A

mutistate performance test - 2 90 min essays-approx 20%

27
Q

What is the MEE

A

Six 30 min questions - ~30%
Purpose - ID legal issues, separate by relevance, reasoned analysis - scored 0-6 (1-10 in some jrx)

28
Q

Her MEE tips-

A

Use 1/3 time for reading and outlining; reread;note the call of question

29
Q

Statute of frauds applies to what

A

Marriage, Year, Land, Estoppel, Guarentee, Sales of 500 or more

30
Q

What is the writing requirement

A

The memo must have the signatures of both parties and the ALL major terms - so always argue

31
Q

notes of SoF

A

The memorandum can be spread across multiple memos (merger); marks/letterhead = signature; under UCC it is different

32
Q

SoF and land notes

A

Reasonable and substantial reliance can overcome the SoF (young couple improving the party)

33
Q

SoF and years

A

2 year production co employment - exceptions (1) complete performance exception-ex someone already paid (2) split on the courts–at will termination - maj says they don’t look at this

34
Q

SoF and UCC (goods)

A

4 elements - signatures, description of subject matter (the kind of goods), quantity, evidence that it is a contract for sale

35
Q

SoF and modifications

A

If you modify to bring it under the SoF you must follow SoF requirements

36
Q

Reliance/estoppel and SoF

A

If party can show reliance then may be enforcible - did someone change position in reliance–maj jrxthis is included in the UCC

37
Q

The three concurrent estates and their definitions

A

Tenancy by the entirety 2+ own with right of survivorsip;tenancy by the entirety - “b/w married partners with right of survivorship”; third - tenancy in common - 2+ own NO right of survivorship

38
Q

Right of survivorship

A

Get to bypass probate - also collectors cannot collect when only one party owes

39
Q

Ways to terminate joint tenancy -

A

Sale (even in secret) or partition (by agreement or by court)

40
Q

Types of partition

A

Partition in kind OR forced sale–can always bring action for this

41
Q

The four unities

A

Time title interest and possession

42
Q

Tenancy by the entirety

A

Has a “fifth” unity - creditors of one spouse cannot touch and one spouse acting alone cannot unilaterally transfer

43
Q

Tenancy in common and right of survivorship

A

No right of survivorship

44
Q

Tenancy in common and possession

A

The tenants have equal right to use the entire parcel

45
Q

Tenancy in common and rent

A

You never owe rent to a cotenant; but if a cotenant rents to a third party you get your % share of it

46
Q

Tenancy in common and repairs/improvements

A

You can get “contribution” according to your % share for repairs provided they have notice; you cannot get contribution during the duration of the tenancy for improvements, just when the parcel is sold - but can also be liable; NOTE: waste (voluntary, permissive, and ameliorative are all relevant here)

47
Q

Types of leasehold estates

A

tenancy for years; periodic tenancy; tenancy at will; tenancy at sufferance

48
Q

Tenancy for years rules

A

No need to terminate it (b/c its inherent) and subject to SoF if > 1 year

49
Q

Periodic tenancy rules

A

Created by “month to month” type language; notice must be given (at CL you need to give as much notice as 1 period (or whats in K)

50
Q

Tenancy at will rules

A

No duration langauge (as long as desires, e.g.; freely terminatve at any time) but unless the parties say this is a tenancy at will, most court treat as a periodic tenancy

51
Q

Tenancy at sufference rules

A

Just created to ensure landlord receives rent from a holdover tenant and exists until either eviction or the formation of a new lease

52
Q

Two most significant tenant duties

A

Duty to repair (cannot commit waste) - duty to pay rent

53
Q

Types of waste

A

ameliorative (cannot commit without consent of ALL so cannot for subject to open); permissive (allow things to deterirate); and voluntary (punching walls)

54
Q

Landlord’s options for nonpaying tenant within property

A

Evict or continue relationship (and sue for rent owed) but should not engage in self-help because it is outlawed

55
Q

Options for nonpaying tenant who cannot be found

A

SIR - S = surrender (treat as implicit offer of surrendor which landlord accepted-can discharge lease no suing); I - Ignore and hold as if they were still there (minority allow this) R = relet premises and hold liable for any deficiency (maj says landlord must TRY to mitigate damages)

56
Q

Landlord’s duties

A

1) duty to deliver possession
2) implied covenant of quiet enjoyment (constructive evidction)
3) implied warranty of habitability
4) duty to refrain from committing retaliatory eviction

57
Q

How to plead constructive evidction (breach of ICQE)

A

SING - Substantial interference (that is attributable to something landlord is doing or failed to do - does not have to be permamnent)
N = notice
G = Goodbye - must leave

58
Q

Tenant’s options upon a breach of implied warranty of habitability

claifier

A

Must be uninhabitable and only applies to residences
Mr cubed -
M = move out
R = repair and deduct
R = reduce rent (withold all rent into escrow)
R = remain in possession and sue for damages

59
Q

MBE subjects

A

(1) Business Associations
(Agency and Partnership;
Corporations and Limited
Liability Companies),
(2) Civil Procedure,
(3) Conflict of Laws,
(4) Constitutional Law,
(5) Contracts (including Article
2 [Sales] of the Uniform
Commercial Code),
(6) Criminal Law and
Procedure,
(7) Evidence,
(8) Family Law,
(9) Real Property,
(10) Torts,
(11) Trusts and Estates
(Decedents’ Estates; Trusts
and Future Interests), and
(12) Article 9 (Secured
Transactions) of the
Uniform Commercial Code

60
Q

Contracts in consideration of marriage

A

Three oxen acts as “consideration” of the marriage - prenups don’t count

61
Q

Modifications analysis

A

As-modified is the terms we will look at for statute of frauds

If contract as-modified – you can enforce some SALES OF GOODS as a waiver

62
Q

Estoppel

A

Reliance can create a binding oral contract
One party can show reliance you can enforce - ex) you move to be X’s research assistant

63
Q

Allied grape growers v Bronco Wine Co and estoppel

A

Wine co. 15 tons of grapes and farmer gives only 2 tons – winery bought a bunch of wine bottles and the UCC does have estoppel in it

Property (1 decks)

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