Competing Claimants

Question 1

adverse possession els

Answer 1

on chea
-----
open, notorious
continuous
hostile
exclusive
actual

Question 2

adverse possession mistaken boundaries:

• objective majority view
• subjective minority view

Answer 2

• obj maj: possession is hostile as long as long as he intends to claim the land as his own, even if he doesnt know where the boundary is
• sbj min: possessor must actually knew he crossed the boundary

Question 3

AP: tacking

Answer 3

if AP and his predecessor are in privity of estate, can tack their possessions together to reach statutory amnt of time

Question 4

SOF requires a writing for-

Answer 4

a xfer of an interest in RP

Question 5

SOF essential terms

Answer 5

pppc:
description of prop
description of parties
price
any conditions of price or payment if agreed on

Question 6

Exceptions to the SOF

Answer 6

part performance may be used to enforce an otherwise oral K of sale

equitable estoppel: based on an act or rep
promissory estoppel: based on a promise

Question 7

house burns down after the K is signed but before the deed is signed- what happens and why

Answer 7

purchaser pays- he becomes equitable owner of title at the time of the execution

equitable conversion

Question 8

all Ks for RP include an implied prom of marketable title, which is free of

Answer 8

defects in chain of title
encumberances
encroachments
zoning restrix

Question 9

if title is unmarketable, purchaser may get

Answer 9

recission
money damages for breach of K
or
spec perf w an abatement of the purch price

Question 10

seller of residential home has a duty to disclose

Answer 10

material latent defects known to the seller but not readily observable and not known to the buyer
-material = affect health and safety of occupants

Question 11

most juris recognize _________ that gen applies to the same of new or remodeled homes (not commerical structures), which means

Answer 11

implied warranty of quality/ habitability, fitness, suitability

warranty violated if there are significant latent defects caused by workmanship that are discovered within a reasonable amnt of time

Question 12

remedies for buyer’s breach

Answer 12

At law:
damages:
expectation
foreseeable consequential
reasonable reliance
liquidated
punitive (if buyer's breach was willful)
--
down payment 
--------------
in equity:
recission 
specific performance (maybe)

Question 13

expectation damages are measured by

Answer 13

the diff bt the K price and the market price at the time of the breach

Question 14

foreseeable consequential damages, ex

Answer 14

mortgage interest payments seller is req to make after b’s breach

Question 15

after breach by the buyer, seller does what with the down payment

Answer 15

may elect to keep it even if there is liquidated damages provided

Question 16

if seller breaches K, remedies available to buyer

Answer 16

at law: damages
expectation
reasonable reliance
punitive (if breach was willful)
-
restitution of down payment
------------
in equity:
recission
spec perf (varies by juris)

Question 17

general warranty deed

Answer 17

seller warrants no title defects have occurred during his ownership of the prop, AND no defects in the chain from which he derived from title

Question 18

special warranty deed

Answer 18

seller warrants only that no title defects have occurred during his ownership of the prop

Question 19

quitclaim deed

Answer 19

seller makes no warranties. conveys whatever interest he may have.

Question 20

general or spec warr deed contains a series of __,

Answer 20

covenants- present and future

Question 21

present covenants-
can be broken-
run with the land?

Answer 21

seisin (G promises he owns and possesses the estate granted
right to convey
against encumbrances

personal; do not run with the land

Question 22

future covenants-
can be broken-
run with the land?

Answer 22

quiet enjoyment
warranty (G guarantees he'll assit in defending title against lawful claims and will compensate g for losses sustained by an assertion of superior title)
further assurances  (G will take whatever steps may be required to perfect defects of title)

can be broken after the conveyance

do run w the land

Question 23

remedies for breach of covenant by G

Answer 23

usu capped at the amnt G/D received for the prop, + int

Question 24

To effectuate a conveyance of real property by deed, there must be

Answer 24

donative intent
delivery
acceptance