Mixed Rules

Question 1

Adverse possession - Disability of true owner.

Answer 1

The statute of limitations for adverse possession does not run if the true owner is disabled (insane, minor, etc.) at the inception of the adverse possession.

Question 2

RAP - When does the perpetuities period for a deed begin to run?

Answer 2

The perpetuities period for a deed begins to run when the deed is delivered with the intent to pass titile.

Question 3

Land contract sale - What covenant about title implied with all land sale contracts?

Answer 3

That the seller will provide the buyer with marketable title.

Question 4

What is a marketable title?

Answer 4

A marketable title is one that is reasonably free from doubt about the sellers ability to convery what her purports to convey.

Question 5

Does a zoning ordinance violation render a title unmarketable?

Answer 5

yes; however zoning restrictions do not affect title marketability.

Question 6

Easements - Who has the right to choose the location of an easement by necessity?

Answer 6

The holder of the servient estate has the right to choose the location of an easement by necessity.

Question 7

What is a general warranty deed?

Answer 7

A general warranty deed is one in which the grantor covenants against title defects created both by himself and all prior titleholders.

Question 8

Future Interests - What is a remainder?

Answer 8

A remainder is a future interest in a third party Grantee that comes naturally and immediately on the termination of the preceding estate.

Question 9

What is a vested remainder?

Answer 9

a remainder created in an ascertained person whose taking is not subject to a condition precedent.

Question 10

Is physical possession of a mortgage and note required for ownership of the mortgage and note?

Answer 10

No.

Question 11

Water Rights - What is the natural flow theory of water rights?

Answer 11

The natural flow theory of water rights states that a landowner cannot alter the rate or manner of natural flow of surface waters (e.g. rainfall, melting snow) such that it would injure others above or below him.

Question 12

Concurrent Estates - How can a tenancy by the entirety be terminated?

Answer 12

death of a spouse

divorce

mutual agreement

OR

execution of a joint creditor of both spouses

D D M J

Question 13

Mortgages - Does a mortgage attach to all fixtures on the real estate?

Answer 13

Yes, unless there is an agreement to the contrary.

Question 14

Security Interests - Regarding chattel affixed to the land, who wins between the holder of a security interest in the chattel and a mortgagee (lender)?

Answer 14

Whichever interest is first properly recorded.

Question 15

Mortgages - When a mortgage is modified by agreement, what happens to any increase in debt resulting from the modification?

Answer 15

Any increase in debt will be subject to a junior lien, even if the original mortgage had priority over the junior lien.

Question 16

Easements - Does a one year easement have to be in writing?

Answer 16

No, easements of one year or less do not have to be in writing.

Question 17

What is a bona fide purchaser?

Answer 17

A BFP is one who gives valuable consideration and has no notice of the prior instrument.

Question 18

Easements - Can the scope (nature of use) of an easement be changed?

Answer 18

No.

Question 19

Leases - In a lease agreement, can the breach of individual covenants give rise to a termination of the landlord-tenant relationship?

Answer 19

Not generally. The non-breaching party must still perform his promises, but he may recover damages.

Question 20

Easements - Can an easement appurtenant be transferred, and if so how?

Answer 20

The benefit of an easement appurtenant is transferred automatically along with the dominant estate whether or not the easement is mentioned in the deed.

Question 21

Easements - Can an easement appurtenant be transferred seperately from the dominant estate?

Answer 21

No.

Question 22

Easements - When attempting to transfer an easement in gross, what are the rules as to commercial and personal easements in gross?

Answer 22

A commercial easement in gross can always be transferred by the holder of the easement. E.g. a railroad company.

A personal easement in gross cannot be transferred.

Question 23

Easements - Easements are always binding on subsequent holders of servient estates (even if not mentioned in the deed of conveyance) provided that the holder had ___________.

Answer 23

notice of the easement.

Question 24

Easements - In what three ways can a subsequent holder of a servient estate be put on notice of an easement?

Answer 24

1) Actual knowledge or notice;
2) Constructive notice - i.e. the document creating the easement is duly recorded in the buyer’s chain of title.
3) Inquiry notice - i.e. notice arising from the buyer’s physical inspection of the land OR notice that arises from the buyer’s inspection of the public records contained in the buyer’s direct chain of title.

Question 25

Easements - When an easement is silent on use, what are the two presumptions that arise?

Answer 25

1) the easement is perpetual; and
2) the use is that of reasonable development (i.e. use likely to have been contemplated by parties at the time easement was granted).

Question 26

Easements - What is the remedy for out of scope use of an easement?

Answer 26

enjoin the use that is out of scope but not terminate the easement.

Question 27

Easements - Who is responsible for repairing an easement?

Answer 27

The holder of the BENEFIT of the easement (dominant estate) is responsible for making the necessary repairs of the easement.

Question 28

Easements - Does the holder of the servient estate have an obligation to repair an easement?

Answer 28

No, unless the easement says otherwise.

Question 29

A bona fide purchaser for value must prove that the consideration paid was ___.

Answer 29

of substantial pecuniary value, not merely nominal (making him a donee and not a BFP). Past consideration is not sufficient.