Genera

Question 1

Under what situations may a LT remove chattel?

Answer 1

If, and only if: LT attached the chattel + LT did not intent to permanently keep the chattel + Chattel can be removed w/o substantial dmg

may remove w/I reasonable time

Question 2

Under what circumstance will the D be excused, even if the P can establish the prima facie for negligence per se?

Answer 2

If D presents evidence that he was using reasonable care
OR
was incapacitated while attempting to comply w/ the statute/ordinance

Question 3

When is ameliorative waste allowed?

Answer 3

if it results in a reasonable use of the property
Unless: future interest holders have reasonable objection.

Question 4

Requirements for Adverse Possession

Answer 4

ECHO

• actual
• exclusive
• hostile
• open & notorious

Question 5

Common Violations of RAP

Answer 5

• unborn spouse
• survival beyond age 21
• ## defeasible fee followed by EI

Question 6

4 types of tenancy?

Answer 6

• periodic tenancy
• tenancy for years
• tenancy at will
• tenancy by sufferece

Question 7

Equal Dignities Rule

Answer 7

For a sale of RP, if you’re going to use an agent, must have authorization in writing

Question 8

Different b/t remedies for breach of real covenant & equitable servitude?

Answer 8

real covenant -> recover through damage
equitable servitude -> recover through injunction

Question 9

3 types of recording acts

Answer 9

Race
Notice
Race-Notice

Question 10

Who wins in a “Notice” statute?

Answer 10

a subsequent purchase w/o notice > earlier grantee who did not record

Question 11

who wins in a “notice-race” statue?

Answer 11

subsequent purchaser w/o notice & first to record

Question 12

Duties of landlord to tenants?

Answer 12

• Warranty of habitability
• actual possession
• covenant of quiet enjoyment
• repairs (only for residential)n

Question 13

Definition fo “warranty of habitability?
What must a tenant do prior to arguing breach of “Warrant of Habitability”?
if they did it, what are they entitled to?

Answer 13

Health & Safety
1. must notify the landlord
2. give the landlord reasonable time to fix

after this,

Question 14

Constructive Eviction occurs when?
what must T do, to claim this?

Answer 14

there is a “substantial interference” with the quiet enjoyment

tenant must: 1) notify the landlord; 2) allow reasonable time; and 3) vacate the premise w/I a reasonable time

Question 15

Diff b/w “Lien theory” and “Title theory” in the context of tenancy?

Answer 15

Lien theory: does NOT sever the tenancy
Title: does sever the tenancy, bc treat like mortgage

Question 16

If Landlord does not keep up with the housing code, what is this a breach of?

Answer 16

The warranty of Habitability (health & safety)

Question 17

Seller of a home seller’s duty to disclose:

Answer 17

duty to disclose all “known” material physical defects

(applies to both new & old homes)

Question 18

To be a vested remainder..

Answer 18

no conditions
ascertainable

Question 19

“vested remainder subject to open” means

Answer 19

either unascertainable or conditional + at least one person is identified in the class, but not fully identified

Question 20

“vested remainder subject to complete divestment” means

Answer 20

either unascertainable or conditional +
the remainder will be fully divested upon occurence of a certain condition

Question 21

common violation of RAP

Answer 21

• the fertile octogenarian
• defeasible fee followed by EI
• unborn spouse
• survival beyond life+ 21
• conditional passage of interest

Question 22

4 types of tenancy

Answer 22

tenancy for years
periodic tenancy
tenancy at will
tenancy by sufferance