FL property distinctions

Question 1

What if FSA or FS language is ambiguous?

Answer 1

Defaults to fee simple - no limiting words required

Question 2

Reverter and forfeiture

Answer 2

LImited to 21 years from conveyance (unless to certain governmental or charitable associations) but

restrictive covenants on revert/foreiture clauses are enforceable despite the 21 year limit

Question 3

Contingent remainder is destoryed if -

Answer 3

hasn’t vested by the time the preceding estate terminates

Question 4

FL USRAP

Answer 4

FL Uniform Statutory Rule Agianst Perpetuties

non-vested interest in real/personal property is invalid unless:

• when created, interest will vest or terminate no later than 2 1 yeras after death of person then alive
• CP satifised or become simpossile to satisfy w/i 90 years of creation

Future interest in trust is invalid unless vests or fails within 360 years (subject to language in actual trust)

Question 5

Tenancy in common is automatically created when -

Answer 5

real property is transferred to 2+ people, unless insttruemnt expressly provides for ROS or TBE

Note: Landlowner can create a JT in himself and antoher by single deed, but if language is ambiguous re: ROS, defaults to TIC

Question 6

TE - transfer to spouses

Answer 6

Transfer by 3P - presumed to create TE

By title-holding spouse to (1) other spouse, or (2) both spouses if deed specifies intent to create TBE

TE in personal property require unities of time, posession, title, interest, marriage, + intent and right to survivorhsihp

Question 7

Land Sales - use of extrinsic evidence in contract

Answer 7

Allowed in FL if descrpition of property is inadequate and K indicates parties were dealing with specific piece of property

Question 8

Part peformance as exception to SOF

Answer 8

Need payment, possession and improvement in order to trigger defense of part performance (not just 2 out of 3)

Equitable actions only

Question 9

Detrimental reliance as exception to SOF

Answer 9

Promissor estoppel doesn’t permit enforcement of land sale K that doesn’t comply with SOF

Question 10

Duty to disclose

Answer 10

Seller has duty to disclose facts materially affecting value of propety that aren’t readily observable and are not known to Buyer

Question 11

Adverse posession

Doctrine of boundary of acquiescence

Answer 11

hostile req for AP isn’t required under doctrine of boundary by acquiescence. Must prove:

• uncertainy/dispute re: true boundary
• location of boundary line
• acquiescence in loation for 7 years

Question 12

Constructive acquiescence

Answer 12

if property is divided into lots, person claiming AP on one lot doesn’t get constructive AP on any others

CAP begins:

• color of title - when instrument is properly recorded and propety is improved
• no color of title - when posessor pays outstanding taxes, files with appraiser, continues to pay taxes

If you don’d do the above, subject to trespass or theft (if you try to rent it)

Question 13

Deed requs

Answer 13

1. Identification of parties
2. Grantor’s signature + 2 witnesses
3. words of transfer
4. reasonably definite description

Question 14

Recording statute

Answer 14

• FL is notice jx, but doesn’t have GF language
• Protects lien and judgment creditors who take w/o notice in addition to BFPs
• Purchaser has duty to conduct reasonable investigation of premises to determine if someone other than seller has posession (can’t feign ignorance when a house shows up)

Question 15

Anti-lapse statute

Answer 15

FL’s ALS allows for gifts going to devisees who wound up predeceasing testator to go instead to devisee’s surviving descendents (per stirpes)

Question 16

Installment land contracts

Answer 16

Treated as a mortgage - seller must adhere to foreclosure procedures to get clear title

Question 17

Equity of redemption

Answer 17

Debtor can’t redeem property after completion of foreclosure sale

Question 18

Deficiency judgments

Answer 18

Mortgagee can get deficiency J as part of foreclosure action at discretion of court

For owner-occupied property, can’t be more than FMV of property even if that’s less than deficiency

Question 19

Easements by necessity

Answer 19

REcongized if:

• person grants land w/ no accessible ROW
• no other reasonable ingress; easement is necessar for use/enjoyment of part granted/reserved
• unity of title exists

Statutory way of necessity - granted for rural land used for dwelling, agriculture, etc. that is shut off by land, fencing, improvement. Landowner can get compensation

Question 20

Easement by estoppel

Answer 20

Oral agreement won’t work - creates an irrevocable license instead

Question 21

Marketable Record Title Act (MRTA)

Answer 21

Governs restrictive covenants under HOAs

encumbrances on RP may be rendered unenforceable 30 years after date of record if not propertly preserved/reaffirmed

Question 22

Tenancy for years - Termination at end of term

Answer 22

• T can be reqired to notify LL w/i specified period (6 days or less) if LL is also subject to notice req
• T can be liable for liquidated damages if not

Question 23

Periodic tenancy

Answer 23

Nonresidential - Considered a “tenancy at will” (Note: all noncommerical are TAW unless lease signed by L)

Terination notice periods:

• YtY - residential: 60 days, commreical - 3 months
• QtQ - residential: 30 days; commercial - 45 days
• MtM - 15 days
• WtW - 7 days

Question 24

Tenant duties

Answer 24

• comply w/ building and health codes
• keep premises clean and santiary
• remove garbaage from premises

Question 25

Repairs by LL (breach)

Answer 25

If LL has obligation under nonresidential lease and doesn’t comply, T can withhold rent if really bad (wholly untenantable) after providing notice

If nothing happens in 20 days, T can:

• abandon premises
• retain rent withheld
• terminate lease
• avoid future rents or charges under lease

Question 26

Breach by residential T

Answer 26

• T has 7 days to cure a breach of lease provision
• If breach can’t be cured, T has 7 days to vacate

Question 27

Nonpaymnet of rent

Answer 27

Residential T - LL has 3 days to make written demand for payment or that T vacate

Nonresidential - LL can file action to recover possession of property. If he accepts full payment from T, considered waiver of right to evict

Question 28

Abandonment of proprety

Answer 28

Abandonment presumption: If T is absent for at least 1/2 of rental payment period w/o L’s knoweldge,

Doesn’t apply if rent is current or LL has notice

Question 29

Holdover Ts

Answer 29

No self help - LL can file action for posession, and may collect double rent due for time during which T holds over

Question 30

Tenancy for years

Answer 30

• measured by fixed and ascertainable amount of time
• automatically terminates at end of term
• created by express agreement
• Need to be SOF if longer than 1 year

Question 31

Tenancy at suffrance

Answer 31

When T wrongfully remains on premises after expiration of lease

Question 32

Tenancy at will

Answer 32

No specific term

created by express agreement or implication

May be terminated by either party; most states now require notice

Question 33

Periodic tenancy

Answer 33

Repetitive, ongoing estate by set period of time w/ no predetermined termination date (by can be fixed by parties)

automatically renews at end of each period unless valid termination notice

created by express agreement, implication or operation of law