Land Transaction Flashcards
6 guaranties under general warranty
- Seisen
- Right to convey
- Against Encumbrances
- restrictions and conditions covenant and restrictions - General warranty
- going to defend against lawful claims from others - Quiet enjoyment
- Further assurances
General warranty deed
6 warranties of title
Special warranty deed
Contains 6 warranties but only against those defects resulting from acts of this grantor
4 types of deeds
General warranty
Special warranty
Statutory short form deed
Quitclaim
3 requirements to be a valid deed
1: comply with statute of Frauds
2: be delivered (intent and acceptance)
3: be accepted
General warranty
All defects in title
Special warranty
Only against this grantors own acts
Damages for breach of sales contract
- Rescission
- Specific Performance
- Damages
Deposits
Traditional: even if deposit is more than sellers actual damages
Modern: seller cannot retain more than her actual damages
Negative easement
LASS
Light
Air
Support
Stream water from an artificial flow
Minority:
Scenic view.
A is given the right to enter upon B’s land
A’s interest
Easement
A is given the right to enter upon B’s land and remove something attached to the land
A’s interest
Profit
A’s right to enforce restriction on use of B’s land;
Negative easement, real covenant, or an equitable servitude, depending on remedy that A seeks in event of breach
A given the right to require B to perform some act on B’s land
Real covenant or equitable servitude depending on remedy sought
Covenant = money damages
Equitable servitude = injunction
A is given a right to require B to pay money for the upkeep for specified facilities
Real covenant or equitable servitude
Depending on remedy
Appurtenant easement
Easement for access
In gross easement
Owner of red house can hike 200 acre parcel but their red house is not close to parcel. Benefits owner, not land
License can’t be revoked when
When license includes the right to erect buildings, license may not be revoked once substantial costs relied on it
Express easement
Must be in writing
Separate deed
Necessity easements
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
To be valid a deed must
- Comply with statute of Frauds
- Be delivered
- Accepted by the grantee
