Introduction

Question 1

What are the two types of present possessory interests?

Answer 1

1. Defeasible fees 2. indefeasible fees

Question 2

What are the two types of indefeasible interests?

Answer 2

1. Fee simple absolute

2. Life Estate

Question 3

What are the three types of defeasible interests?

Answer 3

1. Determinable (until, while, during, so long as)
2. Condition Subsequent (but if, on condition that)
3. Executory Interest

Question 4

What do executory interests do?

Answer 4

Cut short the prior estate

Question 5

What is the general rule against perpetuities?

Answer 5

Any interest that is not CERTAIN to vest or fail within 21 years of a life in being is void

Question 6

What does the RAP apply to?

Answer 6

Contingent remainders, right of first refusal, class gifts, executory interests and appointments

Question 7

What is the cy pres approach?

Answer 7

Invalid interests are reformed to match the grantor’s interests

Question 8

What are the 4 types of tenancies?

Answer 8

1. Tenancy at years
2. Periodic tenancy
3. Tenancy at will
4. Tenancy at sufferance

Question 9

What is a tenancy at will?

Answer 9

No stated duration, for as long as the parties desire

Question 10

What is a tenancy at sufferance?

Answer 10

Hold over doctrine. Tenant remains despite expiration of lease. Landlord can evict.

Question 11

What are generally the tenant’s duties?

Answer 11

Must pay rent and not commit waste

Question 12

What are generally the landlord’s duties?

Answer 12

Make property habitable, must repair, and must N interfere w/ tenant’s possession

Question 13

What are the four types of nonpossessory interests?

Answer 13

1. Easements
2. Profits
3. Real Covenants
4. Equitable Servitude

Question 14

What are the four types of easements?

Answer 14

1. Positive Easement
2. Negative easement
3. Easement appurtenant
4. Easement in gross

Question 15

What is a positive easement?

Answer 15

right to use someone else’s land

Question 16

What is a negative easement?

Answer 16

Right to prevent something on another’s land

Question 17

What is an easement appurtenant?

Answer 17

Involves two tracts of land

1. Dominant Parcel has the benefit, runs w/ the land
2. Subservient parcel has the burden, runs to grantees with notice

Question 18

What is an easement in gross?

Answer 18

One land has the burden

Question 19

What are the three ways to create an easement?

Answer 19

1. Express
   A. Oral agreement only creates a license, N an easement
2. Implication
   A. By necessity for a landlocked parcel
   B. By use existing before tract was divided
3. Prescription – by adverse possession, open and notorious, continuous

Question 20

How do you terminate an easement? (several ways)

Answer 20

1. unity of parcels
2. condition satisfied
3. Abandonment
4. Estoppel
5. Prescription
6. Necessity
7. Condmenation
8. Release

Question 21

What is “profits” in this context?

Answer 21

The right to enter another’s land to get the products from the soil

Question 22

What is a real covenant?

Answer 22

Written promises to do or not do something on the land, runs with the land

Question 23

What is an equitable servitude?

Answer 23

covenants with equitable remedies; implied from a common scheme of development if notice exists

Question 24

For an equitable servitude burden to run:

Answer 24

intent, notice, touch and concern

Question 25

For an equitable servitude benefit to run:

Answer 25

intent, touch and concern

Question 26

What defenses apply to an equitable servitude?

Answer 26

equitable defenses, such as unclean hands, estoppel, changed neighborhood conditions

Question 27

What generally applies to the sale of land? What is the exception?

Answer 27

Generally, statute of frauds applies to the sale of land; however, SOF DN apply if there’s been part performance, 2/3 of improvement, possession, payment

Question 28

What warranty does a land sale contract come w/?

Answer 28

Marketable tittle

Question 29

What does a deed need in order to be valid?

Answer 29

1. An intent to transfer land

2. Description of the property

Question 30

When is a deed effective?

Answer 30

Upon delivery

Question 31

What are the three types of deeds?

Answer 31

1. General Deed - covenants against any titlte defects by grantor or prior title holders
2. Special warranty deed - covenants against special title defects created by the grantor
3. Quitclaim deed – no covenants, transfers whatever interest grantor has

Question 32

What are the elements of adverse possession?

Answer 32

1. Actual entry giving rise to exclusive possesion that is:
2. open and notorious
3. adverse (w/o the owner’s permission)
4. continuous

Question 33

What are joint tenants? How are they created?

Answer 33

Co-tenants w/ rights of surivovrship, created expressly, severed by a tenant’s sale or right to partition

Question 34

Tenants by the entirety? how are they created?

Answer 34

two spouses with rights of survivorship, created expressly or presumed, severed on divorce

Question 35

Tenants in common?

Answer 35

Two or more tenants with rights of survivorship, default if no either type of tenancy specified

Question 36

What are the three types of recording acts?

Answer 36

1. Notice statutes: later BFP wins if earlier grantee not recorded
2. Race-Notice: later BFP wins only if she records before earlier grantee records
3. Race: first to record wins; actual notice is irrelevant