Land Transaction

Question 1

6 guaranties under general warranty

Answer 1

1. Seisen
2. Right to convey
3. Against Encumbrances
   - restrictions and conditions covenant and restrictions
4. General warranty
   - going to defend against lawful claims from others
5. Quiet enjoyment
6. Further assurances

Question 2

General warranty deed

Answer 2

6 warranties of title

Question 3

Special warranty deed

Answer 3

Contains 6 warranties but only against those defects resulting from acts of this grantor

Question 4

4 types of deeds

Answer 4

General warranty
Special warranty
Statutory short form deed
Quitclaim

Question 5

3 requirements to be a valid deed

Answer 5

1: comply with statute of Frauds
2: be delivered (intent and acceptance)
3: be accepted

Question 6

General warranty

Answer 6

All defects in title

Question 7

Special warranty

Answer 7

Only against this grantors own acts

Question 8

Damages for breach of sales contract

Answer 8

1. Rescission
2. Specific Performance
3. Damages

Deposits
Traditional: even if deposit is more than sellers actual damages

Modern: seller cannot retain more than her actual damages

Question 9

Negative easement

Answer 9

LASS

Light
Air
Support
Stream water from an artificial flow

Minority:
Scenic view.

Question 10

A is given the right to enter upon B’s land

A’s interest

Answer 10

Easement

Question 11

A is given the right to enter upon B’s land and remove something attached to the land

A’s interest

Answer 11

Profit

Question 12

A’s right to enforce restriction on use of B’s land;

Answer 12

Negative easement, real covenant, or an equitable servitude, depending on remedy that A seeks in event of breach

Question 13

A given the right to require B to perform some act on B’s land

Answer 13

Real covenant or equitable servitude depending on remedy sought

Covenant = money damages
Equitable servitude = injunction

Question 14

A is given a right to require B to pay money for the upkeep for specified facilities

Answer 14

Real covenant or equitable servitude

Depending on remedy

Question 15

Appurtenant easement

Answer 15

Easement for access

Question 16

In gross easement

Answer 16

Owner of red house can hike 200 acre parcel but their red house is not close to parcel. Benefits owner, not land

Question 17

License can’t be revoked when

Answer 17

When license includes the right to erect buildings, license may not be revoked once substantial costs relied on it

Question 18

Express easement

Answer 18

Must be in writing

Separate deed

Question 19

Necessity easements

Answer 19

Unity of title
Both parcels were owned by one owner and created at time of severance

Strictly
Easement must be essential to the use and enjoyment of property

Question 20

To be valid a deed must

Answer 20

1. Comply with statute of Frauds
2. Be delivered
3. Accepted by the grantee