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Property > Land K > Flashcards

Land K Flashcards

1
Q

SOF

A

must be in writing
signed by party against whom enforcement sought
describe the land

Exceptions Part Performance (need 2/3- in Fl need all 3)

  1. possession
  2. pay all or significant part of price
  3. made substantial improvements
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2
Q

Valdity of Deed

A
  1. names of parties
  2. accurate legal description of land
  3. language of intent to convey
  4. grantors signature
  5. In writing to satisfy the SOF
  6. Sign in front of 2 subscribing W’s
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3
Q

Legally Passing Deed

A
  1. lawful execution (validity of deed)

2. delivery- can be actual or present intent

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4
Q

Every Land K Promises

A
  1. Marketable title (free from reasonable doubt, law suits and threat of litigation.
    - encumbrances (lien/mortage) will render title unmarketable unless buyer waives them
  2. seller will not make false statements of material fact
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5
Q

Types of Deeds

A
  1. QuitClaim- convey interest that grantor has
  2. warrant- best- warrants against all present and future covenants
  3. Special Warranty- bargained for sale
    1. grantor promises hasn’t conveyed to anyone other than grantee
  4. estate free from encumbrances by grantor
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6
Q

Present Covenants

A

Breach= at time deed delivered. Bring up at closing

  1. seisin- grantor owns estate
  2. right to convey- grantor has power to transfer
  3. against encumbrances- no servitudes/liens
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7
Q

Future Covenants

A

breach=disturbed in possession. Lasts forever

  1. quiet enjoyment- won’t be disturbed in possession by a lawful TP claim to tile
  2. warrant- grantor will defend against any superior title claims
  3. future assurances- grantor will do what needed in future to perfect title
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8
Q

Record Notice

A

On notice if deed was properly recorded within the chain of title

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9
Q

Notice Statute

A

Last BFP to enter wins
FL purse notice recording act states that no conveyance of an interest in real property is good and effective against creditors or subsequent purchases for value who lack notice of the conveyance unless the interest is duly recorded

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10
Q

Race-Notice Statute

A

First to record wins

first BFP to record wins

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11
Q

Who is Personally Liable on Debt of Mortgage

A

If B assumes the mortgage O and B are personally liable

If B takes subject to mortgage B assumes not liability

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12
Q

Lateral Support

A

Every landowner has common law right to have land in its natural condition supported by earth below
- if a neighbors excavation causes landowner land to cave in the neighbor will be strictly liable for damages if the owner can show that the weight of the building did not contribute to the collapse of the land, if unable to do that then must show neighbor was negligent

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13
Q

Riparian Doctrine

A

water belongs to those who own the land bordering water

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14
Q

Prior Appropriation Doctrine

A

water belongs to state but can be acquired by individual. Determine priority by first in time

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15
Q

Variance

A

grants owner permission to depart from zoning structure

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16
Q

Non-Conforming Use

A

Once lawful now is nonconforming. Get compensation otherwise its a taking

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17
Q

Cumulative Zoning

A

heirchy. Land zoned for particular use. Can go higher use but not lower

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18
Q

Non-Cumulative Zoning

A

land zoned for particular use

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19
Q

Quiet Title

A

An action that P can bring against D to seek judicial determination of ownership of real property to which both P and D assert conflicting ownership interests.

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20
Q

Voluntary or Affirmative waste

A

actual over conduct that diminishes the parcel

Exception: Prior Use, Reasonable Repairs, Grant or Exploitation PURGE

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21
Q

Permissive Waste

A

LT failure to fulfill legal duties. LT must maintain premises in reasonably good repair

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22
Q

Amerliorative Waste

A

LT improves the value of the land in way that violates the grantor’s intent

23
Q

Rule Against Perpetutities

A

A future interest is void if it could vest more than 21 years after death of measuring life

FL Uniform statutory RAP is a period of 90 years

Applies only to contingent remainder, executory interest and vested remainder subject to open

24
Q

Adverse Possession

A

COAH

  1. continuous for statutory period (7yrs)
  2. open and notorious
  3. actual entry
  4. Hostile- w/0 consent from owner
25
Q

Joint Tenancy

A
  • WROS- need clear language and specifically mention
  • Create by the 4 unites of title TTIP (time, title, interest and possession)
  • severance is SPAM (sale, partition and mortgage)
  • FL is Lient Thory- meaning there is no severance of the JT just an encumbrance on that persons interest.
  • In FL a lien on the interest will terminate upon the death of a JT. Thus if a JT-debtor dies before paying back the debt secured by the encumbrance on his interest, the creditor cannot collect from surviving JT
  • a JT will trump a will
26
Q

Tenancy for Years

A

for a fixed period. has an end date

27
Q

Periodic Tenancy

A

continues for successive intervals until either L or T give notice

28
Q

Termination of a tenancy

A

month to month- 15 days
week to week-1 week
year to year - is 60 days

29
Q

tenancy at sufferance

A

when T wrongfully holds over
L can
1. hold to new lease
2. evict

30
Q

Eviction

A
  1. Use lawful statutory processes and procedures
  2. provide T with notice to vacate, if T doesn’t vacate file a complaint for eviction
    - anywrongful or unlawful eviction T is entitled to damages
    - L must not engage in self help
    - T maybe liable for double rent
31
Q

Right of First Refusal

A
  • option to purchase a leased premises before L sells to a TP
  • it may be enforceable if it is a reasonable restraint on alienation
  • must be mentioned in lease
32
Q

Easements

A

The right to do or refrain from doing something on servient land

Created by PINGE
prescription- same as AP but 20 yrs
Implication (someone divides a parcel of prop and conveys to someone else, if there is an apparent or obvious use of one part of the parcel for the benefit of the other the prior use is part of an established pattern the continuation of which is implied)

Necessity- a parcel has no practical access to a public road except over another land. A parcel which has no access is landlocked when there is no reasonable alternative for ingress and egress.

  • Common law- farming or dwelling
  • Statutory- recreational or utility, must be compensated

Terminated + END CRAMP (estoppel, necessity, destruction, condemnation, release, abandonment, merger, prescription)

33
Q

Covenants

A

same as easement but its a contractual promise

Does burden of A’s promise to B run from A to A1 (WITHN) (original a/b promise in writing, original parties intent covenant run with the land, touch and concern the land, privity (grantor/ee, L/T, etc.., notice)

Does benefit of A’s promise to B run from B to B1
WITV

34
Q

Actual Notice

A

D had literal knowledge of promise in prior deed

35
Q

Inquiry Notice

A

lay of land should have given you notice. Have a duty to inspect and ascertain who is in possession. Need to make reasonable inquiries

36
Q

Constructive Notice

A

imputed to buyers if there is any prior conveyance or deed which was recorded or in public record

37
Q

Risk of Loss- Equitable Conversion

A

buyer bears risk of loss unless K says otherwise

buyer retained equitable title and seller has legal title

38
Q

Promissory Estoppel

A

detrimentally relied on agreement with seller, seller should have reasonably foreseen this, seller estopped from failing to perform

39
Q

Purchase Money Mortgage

A

The money loaned is used to buy the property for which the loan was taken. Record in county where property located, places ppl on constructive notice

40
Q

Eminent Domain

A
  1. gov taking property
  2. for public use
  3. with just compensation

2 types

  1. possessory- confiscation or physical occupation of property to impair use
  2. Regulatory/inverse condemnation- leaves no reasonably economically viable use of property
41
Q

Tenants in Common

A

each own an individual part and right to possess the whole

  • entitled to rent/repair/imporvements and carrying costs equal to percentage of interest in property`
42
Q

Equitable Estoppel

A
  • detrimentally relied on agreement with seller
  • seller should have reasonably foreseen this
  • seller estopped from failing to perform agreement
43
Q

Bona Fide Purchaser (BFP)

A

one who buys property for value without notice that someone else got there first

44
Q

Fee Simple Absolute

A

absolute ownership for indefinite duration

To A

45
Q

Defeasible Fees

A

Capable of forfeiture

  1. Fee Simple Determinable
  2. Fee Simple Subject to Condition Subsequent
  3. Fee Simple Subject to Executory Limitation
46
Q

Fee Simple Determinable

A 
T A (so long as/during/until/unless)
Need clear durational language
Future Interest= possibility of reverter
47
Q

Fee Simple Subject to Condition Subsequent

A

To A, but if X event occurs, grantor reserves the right to reenter and retake

FI: right of re entry is synonymous with the power of termination

48
Q

Fee Simple Subject to Executory Limitation

A

To A but if X event occurs, then to B

FI: shifting executory interest

49
Q

Future Interest

A

Have remainders (think waiting patiently for turn)

  1. Contingent Remainder
  2. Vested Remainder
  3. Executory Interests
50
Q

Contingent Remainder

A
  1. unascertained/unknown person or
  2. unmet condition PRECEDENT

To A for life, then if B graduates from college to B

B has contingent remainder and O has reversion

51
Q

Vested Remainder

A
  1. indefeasibly vested reaminder= no strings attached
  2. Vested Remainder Subject to Complete Defeasance (AKA Subject to Total Divesment). CONDITION SUBSEQUENT

To A for life, then to B, provided that if B dies under the age of 25 to C

B has VRSCD and C has a shifting executory interest

  1. Vested Remainder Subject to Open= group/class
52
Q

Executory Interests

A

cutting short someones interest

  1. Shifting Executory Interest= cuts off someones right other than O

To A, but if B returns from Canada sometime next year, to B

  1. Springing Executory Interest= cuts off O’s rights

To A if and when he marries

53
Q

Dedication

A

Dedication occurs when a private property owner gives/offers their private land to the public for use. (Think an owner of land wanting to develop a neighborhood or build a public school)

In order for dedication to fully occur the public/state agency need to accept the offer. Acceptance will usually appear in the form of approval. Look for approval of a new public building or approval of new neighborhood development plans.

Property (1 decks)

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