FL Property Distinctions - Assess

Question 1

In Florida, most reverter and forfeiture provisions are limited to _______ years from the date of conveyance.

Answer 1

21

Question 2

In Florida, a fee simple determinable granted to a governmental, educational, charitable, or nonprofit organization _______________.

Answer 2

is subject to the condition forever

Question 3

In Florida, when a grantor attempts to convey a fee tail (e.g., “O to A and the heirs of his body”), what type of present possessory estate is created?

Answer 3

Life estate

Question 4

In Florida, when a grantor makes a conveyance without words of limitation (e.g., “O to A”), what type of estate does the grantee hold?

Answer 4

Fee simple absolute

Question 5

What is FUSRAP?

Answer 5

Florida Uniform Statutory Rules Against Perpetuities

Question 6

The common law period for R.A.P. is ____ years. In Florida, the R.A.P. period is ____ years.

Answer 6

21 90 (Florida)

Question 7

(3) steps for applying Florida’s R.A.P. “wait and see”:

Answer 7

(1) Good under common law? If so, you’re done. (2) If bad under common law, does “wait and see” provide shelter? (3) If so, it’s good; if not, it’s bad.

Question 8

Four unities required to create Joint Tenancy:

Answer 8

(1) Possession
(2) Interest
(3) Time
(4) Title

Question 9

What is “Possession” for JT?

Answer 9

JTs must be able to possess the whole

Question 10

What is “Interest” for JT?

Answer 10

JTs must receive same interest (type and amount)

Question 11

If a future interest is held in trust, how long is Florida’s “wait and see” period?

Answer 11

360 years

Question 12

Which of the following statements is TRUE regarding termination of a tenancy for years in Florida:

[A] tenant in a tenancy for years who fails to give notice of the termination of the lease is automatically liable for damages.

[B] A nonresidential tenancy for years in Florida is called a “tenancy at will.”

[C] A termination notice provision in a lease for a tenancy for years may not require more than 60 days’ notice.

[D] A termination notice provision in a lease for a tenancy for years applies to the tenant but not the landlord.

Answer 12

C

Question 13

With regard to a month-to-month periodic tenancy in Florida, how much notice must a residential tenant give a landlord?

Answer 13

Fifteen days prior to the end of any monthly period

Question 14

(3) requirements for a Land Sale K?

Answer 14

(1) in writing
(2) signed by party to be charged
(3) essential terms (land description & price)

Question 15

In Florida, ______ evidence is admissible to help identify a property that has not been adequately described.

Answer 15

Extrinsic evidence

Question 16

Under common law, (2) excecptions to Statute of Frauds:

Answer 16

(1) partial performance
(2) promissory estoppel

Question 17

(3) elements for partial performance:

Answer 17

(1) payment of purchase price (all or part)
(2) possession
(3) improvements

Question 18

In ________ jurisdictions for part performance, you only need 2 of the elements; whereas in ______, you need all 3 elements.

Answer 18

Common Law;

Florida

Question 19

Florida does not allow _____ _____ as an exception to Statute of Frauds.

Answer 19

Detrimental reliance (promissory estoppel)

Question 20

For land sale K’s, a Seller has a duty to disclose…

Answer 20

Duty to disclose any facts materially affecting the value that are not readily observable by the buyer.

Question 21

Elements for Adverse Possession:

Answer 21

Exclusive

Continuous

Hostile

Open and Notorious

Question 22

Easement is the right held by one person to ____ ____ of another’s land.

Answer 22

Make use

Question 23

(3) requirements for Easement by Necessity in Florida:

Answer 23

(1) Unity of title before severance;
(2) no right of way granted;
(3) no reasonable or practicable way to get off property

Question 24

Florida treats _______ K’s as mortgages.

Answer 24

Installment K’s

Question 25

Easement by Prescription in Florida requires ___ years to establish.

Answer 25

20 years

Question 26

Florida does allow detrimental reliance of an oral promise to create an ______ ______.

Answer 26

Irrevocable License