GA Property

Question 1

Wait-And-See Approach

Answer 1

The court will wait until the end of the prescribed period under the rule against perpetuities to determine whether the interest actually bested or failed within the prescribed period. The vesting period is 90 years. A court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed.

Question 2

Tenancy by the Entirety

Answer 2

Not recognized in GA

Question 3

Rights and Duties of Co-Tenants

Answer 3

As long as a tenant in common occupies no greater portion of the joint property than his own share would be on partition and doesn’t withdraw from the joint property any of its essential values, he is not liable to co-tenants.

Tenant will be liable if he:

1. receives any rent or profit from the joint property
2. commits waste
3. deprives co-tenant of the use of his fair portion of the property
4. appropriates the joint property to his exclusive use
5. uses the joint property in a manner that must necessarily be exclusive

Question 4

Part Performance

Answer 4

Can be shown by

1. full payment and acceptance by vendor
2. partial payment and possession OR
3. possession alone with valuable improvement

Question 5

Implied Warranty of Quality

Answer 5

No implied warranties for a new home. But the vendor must disclose defects where the builder has knowledge not apparent to the buyer.

Question 6

Liquidated Damages

Answer 6

Enforceable if:

1. injury cause by the breach is one that is difficult or incapable of accurate estimation
2. liquidated damages are a reasonable forecast of the harm caused by the breach AND
3. parties intended the amount to be damages, rather than a penalty

Question 7

Covenants of Title

Answer 7

The purchaser of land obtains with the title all the rights that any former owner of the land may have had, unless the transmission is expressly prohibited in the covenant itself.

In an action for breach of warranty, damages are measured by the purchase price or, if a gift, the measure is the value of land at the time of the gift.

Question 8

Tenancy at Will

Answer 8

60 day notice from the landlord or 30 days notice from the tenant is necessary to terminate.

Question 9

Tenant’s Duties

Answer 9

Tenants may not cut or destroy growing tress, remove permanent fixtures, or otherwise injure the property.

Tenant for years is liable for all repairs other than expenses which are necessary for the preservation and protection of the property.

Question 10

Security Deposit

Answer 10

Landlord must place any security deposit in an escrow account. Within 3 days of termination of occupancy, the landlord must inspect the premises and compile a list of damages. Tenant may dispute the list and bring action to recover the portion of the deposition in dispute. Ordinary wear and tear doesn’t justify withholding the deposit. If not properly returned, the landlord is liable for three times the amount withheld and if not in good faith for attorney’s fees.

Question 11

Failure to Pay Rent

Answer 11

If tenant fails to pay rent, the landlord may bring an action for nonpayment. Tenant may render the rent within 7 days of the serving of the summons, and such payment is a defense to the action.

Landlord can keep security payment in the case of nonpayment or late payment.

Question 12

Exemption to Deposit Statutes

Answer 12

People who own 10 or fewer rental units are exempt, but not for the units that third parties manage.

Question 13

Duties of Landlords

Answer 13

Keep the premises in repair, but not for tenancies for years and not liable to third parties for damages resulting from the negligence or illegal use of the premises by the tenant. For a tenancy in years the landlord is only liable for repairs and improvements rising above the tenant’s obligation.

Question 14

Flooding

Answer 14

Landlord has duty to notify the tenant in writing if the property was damages by flooding three times in the last five years. Failure to do so create tort liability for damages to the tenant proximately caused by flooding.

Question 15

Trade Fixtures

Answer 15

The tenant has to remove the trade fixtures. After the term and possession are ended, the fixtures are abandoned and become property of the landlord.

Question 16

Deeds

Answer 16

To be recorded, a deed must be attested or acknowledged. If not attested or acknowledged, it can still be recorded upon the affidavit of the subscribing witness. Deeds are recorded in the office of the clerk of the superior court of the county where the land is located.

Question 17

Race Notice

Answer 17

1. claimant took subsequent in time to another person claiming ownership
2. claimant was a bona fide purchaser for value
3. claimant took the property without actual, constructive, or inquiry notice AND
4. claimant recorded first

Question 18

Mortgage Theory

Answer 18

A mortgage is only a security for a debt and passes no title.

Question 19

Security Deed

Answer 19

Title shall revert at the expiration of the later of:

1. seven years from the maturity of the debt or
2. 20 years from the maturity of the conveyance.

Question 20

Adverse Possession

Answer 20

20 years. Doesn’t run against a person with a disability during their disability. Possession must be accompanied by a claim of right, i.e. the possessor must act in good faith.

State land may not be adversely possessed. Railroads cannot be actually possessed.

Question 21

Boundary Disputes

Answer 21

When a person who has paper title is in actual possession of only part of the land, possession shall be construed to extend to the boundary of the tract.

When land is included in boundaries of more than one tract so that adjacent owners are in constructive possession of the same land, no prescription will arise in favor of any of the owners.

Question 22

Lateral Support

Answer 22

Owners of adjoining lands owe to each other the lateral support of the soil in its natural state. If they derive title from a common grantor, the later support will include the weight of walls and other burdens.

Can excavate up to the boundary line for purpose of construction, but must use ordinary care and take reasonable precaution to sustain the land of the other.

Question 23

Riparian Water

Answer 23

Running water belongs to the owner of the land which it runs on, but landowner has no right to divert water from its usual channel or adulterate it as to interfere with the enjoyment of it by the next owner.

Question 24

Reasonable Use Doctrine

Answer 24

An owner may use reasonable means to alter the flow of diffuse surface water, even if surrounding landowners are harmed.

Question 25

Underground Water

Answer 25

Limits the usage to 100,000 gallons a day unless a permit is issued.

Question 26

Prescriptive Easement

Answer 26

Possession must be

1. open and notorious
2. actual
3. continuous for 20 years
4. hostile AND
5. exclusive

Question 27

Covenants Restricting Lands to Certain Uses

Answer 27

Cannot run for more than 20 years in municipalities with zoning laws. Doesn’t apply to covenants or easements in favor of the gov or any entity holding land for public use. Covenants in subdivisions with more than 15 lots will be renewed every 20 years, unless terminated by 51% of the people owning lots.