Distinctions

Question 1

Does a mortgage sever a joint tenancy?

Answer 1

Yes, IF the mortgage is entered into by fewer than all of the joint tenants.

No, IF the mortgage is entered into by all joint tenants simultaneously (the unities remain!).

Question 2

When does a tenancy by the entirety exist?

Answer 2

Whenever a conveyance is made to a husband and wife, including

• if the property is deeded to the couple as joint tenants with the right of survivorship AND
• if the property is deeded to them as tenants in common, UNLESS there is evidence to the contrary

N.B.: If the couple is unmarried, but there is an intent to create a survivorship interest, then just a joint tenancy with the right of survivorship exists.

Question 3

Are future contingent remainders destructible?

Answer 3

Yes.

Question 4

What is the Rule in Shelley’s Case and the Doctrine of Worthier Title?

Answer 4

DGAF, they are not valid in PA and won’t be on the bar exam.

Question 5

What approach does PA take to the Rule Against Perpetuities?

Answer 5

The “wait and see” approach, though any interest created after December 31, 2006, will not be subject to the RAP.

TLDR: DGAF, won’t be tested.

Question 6

When does a lease need to be in writing to comply with the SOF?

Answer 6

Only if the lease is for more than three years.

Question 7

What is a periodic tenancy?

Answer 7

A year-to-year or month-to-month lease that renews automatically at the end of each period.

Question 8

What is a tenancy at suffrance?

Answer 8

When a tenant refuses to leave after the termination of a lease. They continue to be bound by the terms of the lease that existed before expiration, including payment of rent.

Question 9

How can a period tenancy be terminated when there is a breach?

Answer 9

If tenant breaches, landlord can give just 15 days’ notice for month-to-month or 30 days’ notice for more than one year (doesn’t matter when term ends). If the breach is for not paying rent, then landlord need only give 10 days’ notice.

Question 10

How does a periodic tenancy terminate at the end of term?

Answer 10

Notice must be given before the beginning of the intended last period (before March 1, if intended to end on March 31).

If late: treated as effective for following month.

If given in the middle of the month, it’ll still end at the end of the following month.

Termination of year-to-year requires six months’ notice, not a full year.

Question 11

How is a tenancy at suffrance terminated?

Answer 11

• Tenant’s departure
• Landlord’s eviction
• Landlord’s decision to lease the premises to tenant for another term.

Question 12

What is Pennsylvania’s “holding over” penalty?

Answer 12

A holdover tenant (tenancy at sufferance) cannot receive double penalty for holding over.

Question 13

Does an implied warranty of habitability exist in Pennsylvania?

Answer 13

Yes in every residential lease.

Question 14

When is the implied warranty of habitability breached?

Answer 14

1. The breach is material;
2. notice is given to the landlord;
3. the landlord had a reasonable chance to make the repair;
4. the landlord failed to make the repair.

Question 15

What is the remedy for a breach of the implied warranty of habitability?

Answer 15

• A percentage of the rent reflective of the reduction in intended use may be abated by the tenant.
• Can be used as an affirmative manner to reduce rent OR as a defense against unpaid rent.

Question 16

What if there is a breach of the implied warranty of habitability and the landlord sues for unpaid rent?

Answer 16

The tenant is entitled to abate a percentage of the rent reflective of the reduction in the intended use due to the breach of the warranty.

Question 17

What if the appropriate PA agency certifies a dwelling as unfit for human habitation?

Answer 17

Then the tenant may pay the rent to an escrow agent for up to six months.

• If the premises are certified as fit for human habitation prior to the end of six months because the landlord made repairs, the landlord is entitled to the amount in the escrow account.
• If not, the money is given back to the tenant.

Question 18

What constitutes constructive eviction?

Answer 18

1. When the landlord substantially interferes with the tenant’s use and enjoyment of the lease (lack of heat, water, etc.),
2. the tenant gives notice, AND
3. the tenant vacates the property within a reasonable amount of time.

Tenant need not pay rent, then.

Constructive eviction can occur if the interference only affects the tenant’s ues of part of the premises, but notice and vacation are still required.

Question 19

What does the landlord’s general duty of reasonable care require in PA?

Answer 19

Landlord is liable for injuries on a property they control if, through reasonable care, they could have discovered and fixed the condition.

• Does not extend to third-party criminal acts UNLESS landlord actively tries to protect the property and tenants rely on landlord’s efforts.

FOR EXAM: If landlord knew or should have known about a defective condition and had the chance to correct it, we might have a breach of the duty of reasonable care.

Question 20

What is the statute of limitations for adverse possession?

Answer 20

21 years.

Paying property taxes is not required, BTW.

Question 21

Is title acquired by adverse possession marketable?

Answer 21

Yes, IF the title is evidenced by some kind of recorded document.

Question 22

Do the implied warranties of habitability and workmanship apply in PA?

Answer 22

Yes, to new residential constructions, including condominiums.

Question 23

Does PA follow the doctrine of equitable conversion?

Answer 23

Yes. The risk of loss passes to the buyer when the land sale contract is signed.

Question 24

Is PA a lein theory or title theory state?

Answer 24

A lien theory state, except when it comes to a mortgage entered into by all joint tenants (joint tenancy will not be severed).

Question 25

Does Pennsylvania have a statutory right of redemption?

Answer 25

Nope.

Question 26

Is delivery of a deed sufficient for a valid transfer?

Answer 26

No! The grantor must also give a specific time as to when the deed is to be given to the grantee.

Legal date of delivery becomes the date of the initial delivery to the third party, and not to the date and delivery to the grantee.

Question 27

What type of recording statute does PA have?

Answer 27

Race-notice. If you have no notice and you record first, you’ll win!

Question 28

If a deed is properly recorded but defectively indexed, is there notice?

Answer 28

Unclear. Pennsylvania Supreme Court previously said that this provides constructive notice (2005). Next year, Pennsylvania Legislature enacted a law requiring the deed be properly indexed in order to provide notice. No court has addressed this since.

FOR EXAM: Just mention the discrepancy before reaching a conclusion.