Most Likely on Essay

Question 1

Quitclaim Deed

Answer 1

The grantee gets whatever the grantor has.

Question 2

General Warranty Deed

Answer 2

Include:

1. Covenant of seisin
2. Right to conveyance
3. Encumbrances
4. Quiet Enjoyment
5. Warranty
6. Further assurances

Question 3

Special Warranty Deed

Answer 3

Same as general, but promises to warrant and defend the title only against claims arising by, through, or under the grantor. It does not warrant against defects in the title that existed before the grantor was deeded the property.

Question 4

Easement

Answer 4

An easement is the grant of a nonpossessory property interest who entitles its holder to enjoyment or use of another’s parcel

Question 5

Type of Easements

Answer 5

Affirmative: the holder is allowed to make affirmative use of the servient land

Negative: entitles the holder to compel the possessor of the servient tenement to refrain from engaging in the activity on the servient estate …. NOW KNOWN AS RESTRICTIVE COVENANTS.

Question 6

Appurtenant

Answer 6

When it benefits the holder in his physical use or enjoyment of another tract of land.

Two tracts: dominant and servient.

Dominant: estate benefited by the easement
Servient: estate subject to the easement right

** Passes with the transfer of the benefited land, regardless of whether it is mentioned in the conveyance
The burden of the easement also passes automatically with the servient estate unless the new owner is a bona fide purchaser with no actual or constructive notice of the easement.

Question 7

In Gross

Answer 7

The holder of the easement has a right to use the servient estate independent of his possession of another tract of land; the easement benefits the holder rather than land.

Personal is NOT transferable but for economic use it is transferable.

Question 8

Creation of Easements

Answer 8

Express (grant)

Implicated – necessity, quasi-easement, and plat

Prescription

Question 9

Express (grant)

Answer 9

Must be in writing & signed by the holder (statute of frauds) … if not is SOF does not need writing.

Must comply with all formal requisites of a deed

Question 10

Implication by Necessity

Answer 10

Arises when a landowner sells a portion of his tract and by this division deprives one lot of access to a public road or utility line

Question 11

Quasi-Easement (prior use)

Answer 11

Unity of ownership

Part of the parcel is conveyed to the grantee

The parcel that is conveyed is the dominant estate

Reasonably necessary use of the easement OR convenient use

Apparent usage (obvious)

Question 12

Termination of Easements

Answer 12

Stated Conditions 
Unity of Ownership (Merger) 
Release 
Abandonment 
Estoppel 
Prescription 
Necessity 
Condemnation and Destruction

Question 13

Stated Condition

Answer 13

The easement grant states when or under what conditions the easement will terminate

Question 14

Unity of Ownership (Merger)

Answer 14

If the same person acquires both the easement and the servient estate, the dominant and servient estates merge and the easement is destroyed.

Question 15

Release

Answer 15

An easement (including in gross) can be terminated by a deed of release from the owner of the easement to the owner of the servient estate.

Question 16

Abandonment

Answer 16

Demonstrates by physical action an intent to permanently abandon the easement … remember non-use is not enough.

Oral expressions combined with a long period of nonuse may be sufficient.

Question 17

Estoppel

Answer 17

If the owner of the servient estate changes his position in reasonable reliance on the representations made or conduct by the owner of the easement, the easement terminates through estoppel.

Question 18

Prescription

Answer 18

Adverse, continuous interruption of the use for the prescriptive period

Question 19

Necessity regarding easement & when does it end

Answer 19

Easements created by necessity expire as soon as the necessity ends

Question 20

Condemnation & Destruction

Answer 20

Extinguishes all easements = involuntary destruction, but not voluntary.

Question 21

Licenses

Answer 21

NOT an interest in the land; a privilege, that is revocable at the will of the licensor.

Personal to the licensee and thus, inalienable

Attempt to transfer = revocation

Question 22

What happens when there is a FAILED attempt to create an easement?

Answer 22

Results in a license. If a grantor ORALLY grants an easement for more than 1 year it does not meet the requirements for the SOF and therefore is not enforceable as an easement, but is as a license.

Question 23

A license becomes irrevocable when?

Answer 23

Estoppel: if a licensee invests a substantial amount of money or labor in reliance on the license, the licensor is estopped to revoke.

License coupled with interest: irrevocable as long as the interest lasts

Question 24

Covenants Running w/the Land (Real Covenants)

Answer 24

Normally found in a deed, a written promise to do something on the land or a promise to not do something on the land.

Run with the land … subsequent owners may enforce or be burdened by the covenants

Question 25

What are the requirements for a burden to run in real covenants?

Answer 25

Intent 
Notice 
Horizontal Privity 
Vertical Privity 
Touch & Concern

Question 26

Intent

Answer 26

The covenanting parties must have intended the successors in interest to the covenantor be bound by the terms of the covenant.

Question 27

Different types of notice?

Answer 27

Actual, inquiry, or record notice (constructive)

Question 28

Horizontal Privity

Answer 28

At the time the promisor entered in the covenant with the promisee, the two must have shared some interest in the land independent of the covenant

Question 29

Vertical Privity

Answer 29

The successor in interest to the covenanting party must hold the entire durational interest held by the covenantor at the time he made the covenant

Question 30

Touch & Concern

Answer 30

Neg. covenants T&C the land if they restrict the holder of the sevient estate in his use of that parcel of land

Aff. covenants T&C the land if they require the holder of the servient estate to do something, which increases his obligations in connection with his enjoyment of the land.

Question 31

What are the requirements for the BENEFIT to run?

Answer 31

Intent, vertical privity and T&C, are the three requirements the promisee’s successor in interest needs to enforce the covenant.

Question 32

How to terminate a real covenant?

Answer 32

Release, merger, or condemnation.

Question 33

Equitable Servitudes

Answer 33

A covenant, that regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice of the covenant.

Created: by covenants contained in writing (SOF). Exception – negative equitable servitudes.

Question 34

Common Scheme

Answer 34

Reciprocal negative servitudes will be implied only if, at the time that sales in the subdivision began, the developer had a plan that all parcel would be subject to the restriction.

Scheme evidence by: recorded plat; general pattern of restrictions; oral representations

Question 35

Benefit to run (ES)

Answer 35

Original parties intended and T&C

Question 36

Burden to run (ES)

Answer 36

Intent, notice, and T&C

Question 37

What does it mean that the state is a notice statute?

Answer 37

Subsequent BFP (for value without notice)

Question 38

Race

Answer 38

Grantee who records first prevails

Question 39

Race-Notice

Answer 39

Subsequent BFP AND who records first prevails

“No conveyance/mortgage of an interest in land is valid against any SUBSEQUENT PURCHASER WITH VALUE without notice thereof whose conveyance is first recorded

Question 40

Joint Tenancy

Answer 40

Each tenant hast an undivided interest in the whole estate, and the surviving co-tenant has a right to the whole estate (right of survivorship)

Created:

1. Identical interests
2. From the same instrument
3. At the same time
4. With an equal right to possess

Question 41

Tenancy by the Entirety

Answer 41

Each SPOUSE has an undivided interest in the whole estate and a right of survivorship

Created:
Same as JT

Question 42

Tenancy in Common

Answer 42

Each tenant has a distinct, proportionate, undivided interest in the property. There is NO right of survivorship.

Created:
1. Possession