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Mixed Law Flashcards > MEE Essentials: Property > Flashcards

MEE Essentials: Property Flashcards

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1
Q

K to deed order

A

K of sale is signed BEFORE deed is delivered

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2
Q

Equitable conversion

A

Under doctrine of equitable conversion, as soon as K is signed (even BEFORE closing), risk of LOSS remains on BUYER EVEN IF seller remains in POSSESSION/CONTROL of land

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3
Q

Validity of a deed

A

TO be valid, deed must

IDENTIFY buyer + seller

DESCRIBE land

contain words indicating PRESENT INTENT TO CONVEY

SIGNED by GRANTOR

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4
Q

Deed delivery defined

A

Deed must be DELIVERED to be valid, as defined by INTENT to PRESENTLY PASS TITLE

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5
Q

Two types of deed

A

1) quitclaim
2) warranty

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6
Q

Quitclaim deed

A

Grantor gives NO covenants (promises nothing) and grantee gets WHATEVER grantor has, SUBJECT TO defect/undisclosed easement/other problem

with NO recourse

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7
Q

Warranty deed six covenants

A

3 present covenants + 3 future covenants

pReSeNt

RIGHT to convey
SEISIN
NO encumbrances (no liens/easements not stated in deed)

FEW (future)
FURTHER assurances
Quiet ENJOYMENT
WARRANTY

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8
Q

Under CL, can grantees sue for future/present/both covenants?

A

ONLY future, but some jdx do not follow common law

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9
Q

Merger of K/deed

A

on CLOSING DATE, K for sale merges into DEED, and THEN buyer can ONLY sue on DEED

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10
Q

Breach of implied warranty of fitness and habitability

A

Builder of new homes impliedly WARRANTS that home is HABITABLE and FIT for its intended purposes

Any defects discovered in REASONABLE time and due to builder’s NEGLIGENCE or failure to do work in WORKMANLIKE manner

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11
Q

Common law rule of conveyance

A

Under common law, grantor can only convey rights he had at TIME OF CONVEYANCE. Thus, CL follows FIRST-IN-TIME FIRST-IN-RIGHT principle, subject to state recording acts

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12
Q

Notice recording statutes

A

Protect SUBSEQUENT BFPs for VALUE who take WITHOUT NOTICE of earlier transaction

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13
Q

Race-notice statutes

A

Protect SUBSEQUENT BFPs for VALUE who take WITHOUT NOTICE AND are FIRST to RECORD

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14
Q

Pure race statutes

A

Protect SUBSEQUENT PURCHASERS (not BFPs) who are first to record

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15
Q

3 types of notice

A

AIR

ACTUAL
INQUIRY (investigation of land or instrument would lead person to inquire)
RECORD (recorded in CHAIN of title)

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16
Q

Wild deeds

A

Deeds outside chain of title that are recorded too early/late, which do NOT give notice

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17
Q

Mortgagor transfer of title

A

A mortgagor may transfer title to property, but generally is still personally liable on the note

18
Q

Mortgage: ‘subject to’

A

A new transferee who takes land SUBJECT TO mortgage is generally NOT personally liable

19
Q

Mortgage: ‘assumes’

A

A new transferee who ASSUMES mortgage IS personally liable ALONG WITH original mortgagor

20
Q

If a transferee pays mortgage payments, has he impliedly assumed mortage?

A

MEE: YES

MBE: NO

21
Q

Novation in mortgage

A

Novation occurs when initial mortgagor, new transferee, AND mortgagee ALL AGREE that mortgagor is no longer liable + transferee assumes ALL duties

22
Q

Lease: term for years

A

Lease that specifies START and END DATE

23
Q

Periodic tenancy

A

Periodic tenancy has NO fixed end date and repeats until one party gives notice to the other, by EXPRESS OR IMPLIED agreement (or operation of law e.g. invalid year-long lease bc of SOF violation)

Valid notice required to terminate periodic tenancy

24
Q

Assignment lease default rule

A

If lease does not prohibit assignment or sublease, tenant can assign or sublease her interest in the lease

25
Q

Constructive eviction

A

Occurs when tenant can prove landlord BREACHED DUTY to tenant (commercial or residential) which caused loss of SUBSTANTIAL use and enjoyment of premises and tenant VACATED after giving ADEQUATE NOTICE

26
Q

Implied warranty of habitability

A

Breached ONLY in residential lease if premises are UNINHABITABLE

Tenant can VACATE, SUE, or OFFSET damages

27
Q

Duties of a tenant

A

Must pay rent
If he does NOT pay rent and has ABANDONED property, landlord can sue for damages OR treat as SURRENDER, which EXCUSES future rent obligations

28
Q

Duty to mitigate

A

Under CL: Landlord has NO duty to mitigate

Many states: landlords DO have duty to make reasonable effort to mitigate

29
Q

Fair Housing Act

A

disallows discrimination in housing sales/rentals on basis of race/color/religion/sex/family status/national origin

Does NOT apply to owner-occupied dwellings with 4 units or less BUT those owners CANNOT place discriminatory advertisements (owner AND publisher in violation of FHA for discriminatory ads)

30
Q

Creation of easement

A

Easements can be created expressly, impliedly (prior use/benefit/apparent/continuous OR necessity), or by prescription

31
Q

Termination of easements

A

Easements may be terminated by express terms, written release, merger of dominant and servient lands, prescription, estoppel, condemnation, or abandonment

32
Q

Abandonment standard for easements

A

Mere nonuse not sufficient, must be ACT of abandonment

33
Q

Creation of joint tenancy

A

Joint tenancy requires four unities (PITT)

Possession
Interest
Time
Title

Many states REQUIRE use of language “joint tenancy” + adding SURVIVOR language to create joint tenancy

34
Q

Severance of joint tenancy rule statement

A

A joint tenancy can be severed one of four ways (G-SAM)

Giving away during life
Signing K for sale
Actual judicial lien sale
Mortgage in TITLE THEORY state

35
Q

Adverse possession requirements

A

ANOCHES

Adverse
Notorious
Open
Continuous
Hostile
Exclusive
Statutory period met

36
Q

What land can a party gain title to under adverse possession?

A

ONLY the area that a person ACTUAL possesses (unless there is color of title, unitary tract, or reasonable amount possessed = WHOLE TRACT)

37
Q

Tacking

A

In some circumstances, an adverse possessor may TACK ON time that prior adverse possessor had possessed to reach statutory period

38
Q

Failure to record interest by adverse possession

A

Adverse possessor will prevail over subsequent BFP who complies with recording act because there is no DOCUMENT that interest holder could record

39
Q

Surrender

A

When a tenant ABANDONS lease and landlord ACCEPTS abandonment

Can be shown when landlord RETAKES premises, remodels building, re-rents to new party for more $ or higher term

40
Q

If commercial lease imposes duty to repair on landlord, can landlord still argue that tenant had duty to repair?

A

NO, by default tenant has duty to repair in commercial lease, but if lease provides otherwise, LANDLORD has duty

Mixed Law Flashcards (24 decks)

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