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NY BAR REVIEW > NY BAR REVIEW real property 2019 > Flashcards

NY BAR REVIEW real property 2019 Flashcards

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1
Q

which law contains specific provisions re leases of real property?

A

art 7 of real prop law

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2
Q

lease for period > year is VOID unless what?

A

in writing subscribed by party to be charged or his lawful agent.

general oblig law.
real prop law.

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3
Q

lease for period of 1 year or < valid how?

A

oral

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4
Q

written residential lease

A

clear.
coherent.
words w common and everyday meanings.
appropriately divided and captioned in sections.

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5
Q

lease can or cannot prohibit occupancy by dependent children of tenant or tenant’s spouse or or contain clause requiring tenant to remain childless

A

CANNOT

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6
Q

types of tenancies

A

for years.
periodic/month to month/year to year.
at will.
at sufferance.

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7
Q

residential lease in dwelling w fewer than 4 residential units, tenant may or may not assign lease w/o consent of landlord

A

NOT.

the landlord consent may be unconditionally withheld without cause

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8
Q

landlord who unreasonably witholds consent MUST what?

A

release tenant from lease if tenant has so requuested upon 30 days’ notice

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9
Q

residential lease where 4 or more residential units, tenant has right to what?

A

sublease.
upon complying w notice provisions contained in statute subject to written consent of landlord, which consent may NOT be unreasonably withheld

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10
Q

subletting in pulic housing, rent stabilized property and cooperative

A

diff rules may apply

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11
Q

every written or oral lease for residential property is deemed to contain what?

A

warranty of habitability

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12
Q

landlord is deemed to warrant that leased premises are what?

A

fit for human habitation and for uses reasonably intended by parties and occupants of such premises shall NOT be subjected to conditions which would be dangerous, hazardous or detrimental to their life, health, safety

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13
Q

agreement by tenant waiving or modifying rights under statute is what?

A

VOID as contrary to public policy

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14
Q

lease term > 1 month, tenant’s holding over does what?

A

DOESNT give landlord option to hold tenant to new term equal to term of lease. landlord may proceed to remove tenant as permitted by law.

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15
Q

if landlord accepts rent for any period subsequent to lease expiring, then?

A

month to month tenancy is created

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16
Q

tenant CANT be removed on grounds of holding over unless what?

A

at least 30 days before expiration of term, landlord serves notice in writing, in same manner as notice of petition in summary proceedings, which landlord elects to terminate tenancy

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17
Q

outside NYC, landlord or tenant may terminate how?

A

by notifying the other at least 1 month before expiration of term

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18
Q

any breach of lease by tenant gives landlord right to what?

A

commence special proceeding to recover possession of property.
real property action and proceeding law.

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19
Q

if tenant abandons leased property, landlord has what?

A

NO duty to mitigate damages by reletting

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20
Q

if residential lease provides that in any action or summary proceeding, landlord may recover legal fees from tenant if successful, what is implied in the lease?

A

a covenant to pay legal fees incurred by tenant in a successful defense

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21
Q

security deposit by tenant

A

held by landlord in trust. not to be commingled w landlord’s personal moneys and not an asset of landlord.

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22
Q

if landlord deposits security in bank, MUST what?

A

notify tenant, providing info.

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23
Q

if deposit is in interest bearing acct, landlord may what?

A

retain 1% for expenses, and any balance held for or paid to tenant.

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24
Q

if rental is in a bldg of 6 or > family dwelling units, landlord MUST what?

A

deposit security in interest bearing acct

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25
Q

if title to leased prop is transferred to new owner, landlord MUST what?

A

transfer deposits to new owner

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26
Q

contract for sale of real prop is valid or void unless in wiring and signed by party to be charged or his lawful agent?

A

VOID.

contracts

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27
Q

land purchase option constitutes creation or grant of interest in real prop, and thus falls within what?

A

statute of frauds.

requires writing signed by party to be charged.

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28
Q

caveat emptor doctrine

A

vendor has NO duty to disclose any info concerning prop w some legal and equitable exceptions.

general business law.

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29
Q

property condition disclosure sttmt

A

every real prop seller improving 1 to 4 dwelling used or to be used as home or residence of 1 or more persons, pursuant to contract, must deliver required disclosure sttmt to buyer or his agent prior to buyer signing a binding contract.

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30
Q

if sellers fails to do the above- disclosure sttmt to buyer or his agent prior to buyer signing a binding contract, buyer at closing received credit of ?

A

$500 ag purchase price

31
Q

warranty implied in any sale by builder of new home, provides that?

A

6 yrs from and after closing date, home will be free from material defects.
housing merchant implied warranty.
general business law

32
Q

if conduct, more than mere silence, on part of seller, rises to level of active concealment, then?

A

seller may have duty to disclose info concerning prop

33
Q

risk of loss law

A

UNIFORM VENDOR AND PURCHASER RISK ACT

34
Q

UNIFORM VENDOR AND PURCHASER RISK ACT

A

if neither legal title nor possession has been transferred to buyer and if all or material part of prop is destroyed w/o fault of buyer or taken by eminent domain, seller CANT enforce contract and buyer is entitled to recover any portion of price paid.
if neither legal title nor possession has been transferred to buyer and if only an immaterial part of prop is destroyed or taken, neither party is deprived of right to enforce contract, but there will be an abatement of purchase price.
if legal title or possession has been transferred, the buyer bears loss.

35
Q

if neither legal title nor possession has been transferred to buyer and if all or material part of prop is destroyed w/o fault of buyer or taken by eminent domain,

A

seller CANT enforce contract and buyer is entitled to recover any portion of price paid.

36
Q

if neither legal title nor possession has been transferred to buyer and if only an immaterial part of prop is destroyed or taken,

A

neither party is deprived of right to enforce contract, but there will be an abatement of purchase price.

37
Q

if legal title or possession has been transferred,

A

the buyer bears loss

38
Q

a mortgage creates what?

A

lien on prop.

it is NOT a transfer of title.

39
Q

mortgage always follows what?

A

note

40
Q

assignment of mortgage without note is what?

A

VOID

41
Q

assignment of note will transfer what?

A

mortgage, even if assignment is silent as to mortgage

42
Q

mortgagee may bring legal action on what?

A

note

43
Q

execution of judgment obtained in action must specify that what?

A

no part of mortgaged prop may be levied upon or sold thereunder

44
Q

mortgagee may NOT bring foreclosure action until when?

A

execution has been returned whollyor partly unsatisfied.

45
Q

mortgagee may bring equitable action for what?

A

foreclosure and sale.

mortgagee may not then bring separate action on debt w/o leave of court

46
Q

pl, whether original mortgagee or assignee of mortgage, MUST allege and prove what?

A

ownership of note at time action is commenced

47
Q

when summons and complaint are served, addtl statutory notices MUST be delivered to mortgagor and to any tenant of dwelling unit in prop explaining what?

A

in detail the significance of the action to them

48
Q

if mortgage is high cost, subprime or non traditional home loan, theres an addtl notice which MUST be given when?

A

90 days before commencement of action

49
Q

mortgagor has right to what?

A

redeem, by paying into court full amt due and costs of action till foreclosure sale takes place

50
Q

after sale, theres right or no to redeem?

A

NONE

51
Q

w motion to confirm sale, if made w/in 90 days of delivery of deed to purchaser at sale, pl may for what?

A

leave to enter a deficiency judgment.
amount = sum of judgment, interest, all prior liens and encumbrances, interest, MINUS whats greater of the two- market value as determined by ct or foreclosure sale price

52
Q

presumption- disposition to 2 or more persons creates a tenancy in common, unless what?

A

it is specifically declared to be joint tenancy.

53
Q

tenants in common are presumed to have what?

A

equal interests in property, but that can be rebutted if 1 party contributed more than the other

54
Q

joint tenancy created how?

A

by deed in which 1 or more of grantees is also grantor eventhough unities of time and title are technically not satisfied

55
Q

disposition to persons not legally married to one another but described as husband and wife creates what?

A

joint tenancy, unless expressly declared to be tenancy in common

56
Q

disposition of real prop to married persons creates what?

A

tenancy by entirety.

57
Q

tenancy by entirery

A

1 party may convey or mortgage his interest, but grantee or mortgagee or purchaser at foreclosure sale takes subject to survivorship right of other party.

58
Q

if tenancy by entirety is subsequently terminated by divorce, then?

A

interest of grantee or purchaser at foreclosure sale will be that of tenant in common

59
Q

adverse possession statutory period

A

10 years.

60
Q

easement by prescription statutory period

A

10 years

61
Q

presumption of occupancy by cotenant terminates after ___ years of exclusive occupany by other cotenant, who thus may acquire title by adversely possessing for ____ yrs.

A

10.

20.

62
Q

claim of right / 2008 statute

A

reasonable basis for belief that prop belongs to claimant, but claim of right ISNT required if ownership CANNOT be ascertained from records

63
Q

de minimis, non structural encroachments, fences, hedges, shrubbery, plantings, sheds, non structural walls, lawn mowing, similar maintenance across boundary line of adjoining owner / 2008 statute

A

deemed to be permissive and non adverse

64
Q

adverse claim vested before 7.7.08 is affected or NOT?

A

NOT AFFECTED

65
Q

what type of notice jurisdiction?

A

race notice

66
Q

race notice jurisdiction

A

unrecorded conveyance is invalid ag subsequent purchaser for value who first records w/o knowledge of any prior unrecorded instruments

67
Q

what is a mortgage

A

lien

68
Q

a mortgage is NOT

A

a transfer of title

69
Q

for purpose of recording act, what is a mortgage?

A

A CONVEYANCE

70
Q

judgments are or are not protected by recording act?

A

NOT

71
Q

mortgage prior in time to judgment retains priority even if it is what?

A

unrecorded

72
Q

enforcement of restrictive covenant

A

owner of burdened prop MUST have actual or constructive notice of covenant.

73
Q

constructive notice will be provided by recorded deed only if what?

A

deed is in direct chain of title of burdened prop

74
Q

deed from piror owner of burdened prop to diff person for another lot is not in direct chain of title of burdened prop even if what?

A

deed was recorded prior to deed for burdened property and other lot is and adjoining lot in same tract as burdened prop

NY BAR REVIEW (123 decks)

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