Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

100 > P > Flashcards

P Flashcards

1
Q

FEE SIMPLE ABSOLUTE

A

100% OF OWNERSHIP FOREVER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

LIFE ESTATE

A

RIGHTS AND CONTROL FOR LIFE

CANNOT COMMIT WASTE

O TO A FOR LIFE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

REVERSION

A

INTEREST GOES BACK TO GRANTOR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

LIFE TENANT MUST PAY

A

INTEREST AND TAXES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

REMAINDER

A

INTEREST AFTER A LIFE ESTATE

“THEN TO”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

VESTED REMAINDER

A

AUTOMATIC TRANSFER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

CONTINGENT REMAINDER

A

SUBJECT TO AN EVENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

VESTED REMAINDER SUBJECT TO OPEN/PARTIAL DIVESTMENT

A

REFERS TO A CLASS OF PEOPLE

ONE MUST BE ALIVE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

VESTED REMAINDER SUBJECT TO TOTAL DIVESTMENT

A

IF A PERSONS INTEREST CAN BE WIPED OUT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

FEE SIMPLE DETERMINABLE

A

“SO LONG AS” OR “AS LONG AS”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

POSSIBILITY OF REVERTER

A

AUTOMATICALLY REVERTS TO GRANTOR IF CONDITION IS NOT MET

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

FEE SIMPLE SUBJ TO CONDITION SUBSEQUENT

A

IF A FUTURE EVENT OCCURS, THEN GRANTOR HAS RIGHT OF REENTRY

“BUT IF”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

RIGHT OF REENTRY

A

GRANTOR MUST ACT TO GET THE LAND BACK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

RULE AGAINST PERPETUITIES

A

INTEREST MUST VEST W/IN 21 YEARS OF THE LIFE IN BEING

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

JOINT TENANCY

A

RIGHT OF SURVIVORSHIP

TRUMPS A WILL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

CONVEYANCE SEVERS A JOINT TENANCY TO A

A

TENANCY IN COMMON

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TENANCY IN COMMON

A

NO RIGHT OF SURVIVORSHIP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

TENANCY BY THE ENTIRETY

A

JOINT TENANCY B/W MARRIED PPL

RIGHT OF SURVIVORSHIP

NO CONVEYANCE W/O CONSENT

SEVERED BY DIVORCE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

PARTITION

A

CT DIVIDES PROPERTY IN 2

GRANTED UNLESS NOT PRACTICAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

CONTRIBUTION- TAXES AND MORTGAGE

A

COTENANT MAY SEEK CONTRIBUTION

SOLE POSSESSION- ONLY RECOVER AMT THT EXCEEDS MKT VALUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

CONTRIBUTION - RENT

A

OUT OF POSSESSION COTENANT MAY SHARE IN RENT AND PROFITS

BUT NOT FROM A TENANT IN POSSESSION

UNLESS THEY ARE DAMAGING THE PROPERTY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

CONTRIBUTION- REPAIRS AND IMPROVEMENTS

A

NO CONTRIBUTION FOR REPAIRS, UNLESS NECESSARY AND REQUESTED

NO CONTRIBUTION FOR IMPROVEMENTS, UNLESS INCREASE RENTS/PROFITS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

PERIODIC TENANCY

A

START DATE- AN END DATE

RENEWS UNLESS A TERMINATION DATE

NOTICE REQD TO TERMINATE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

TENANCY FOR YEARS

A

START DATE- AN END DATE

NO NOTICE REQD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

TENANCY AT WILL

A

TERMINABLE AT WILL

REASONABLE AMT OF TIME TO TERMINATE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

TENANCY AT SUFFERANCE

A

HOLDOVER TENANT

TERMINATES BY LEAVING OR EVICTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

LANDLORD DUTIES

A

ACTUAL POSSESSION
DUTY FOR BASIC REPAIRS
WARRANTY OF HABITABILITY
WARRANTY OF QUIET ENJOYMENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

TENANT DUTIES

A

DUTY TO PAY RENT
CANNOT COMMIT WASTE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

ASSIGNMENT

A

ASSIGN THE REST OF THE LEASE TERM

NEW TENANT PRIMARILY LIABLE

ORIGINAL TENANT SECONDARILY LIABLE UNLESS NOVATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

SUBLEASE

A

GIVE AWAY A PORTION OF LEASE

ORIGINAL TENANT LIABLE UNLESS NOVATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

COVENANT AGAINST ASSIGNMENT OR SUBLEASE

A

STRICTLY CONSTRUED

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

FAIR HOUSING ACT

A

FEDERAL LAW PROHIBITS DISCRIMINATION IN SALE/RENTAL

RACE COLOR RELIGION SEX DISABILITY FAMILY STATUS PREGNANCY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

FIXTURES

A

CHATTELS AFFIXED TO PROPERTY

REMOVAL WOULD CAUSE DAMAGE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

CONFLICT OF LAWS

A

LAW OF STATE WHERE PROP IS LOCATED WILL APPLY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

CONFLICT OF LAWS EXCEPTIONS

A

CHOICE OF LAW CLAUSE

COLLATERAL ISSUES USE LOCAL LAW

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

EASEMENT

A

THE RIGHT TO USE SOMEBODY ELSES LAND

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

CREATION OF EASEMENT

A

WRITING
BY PRESCRIPTION
BY IMPLICATION
BY NECESSITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

AN EASEMENT WILL LAST

A

FOREVER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

EASEMENTS ARE TERMINATED BY

A

AGREEMENT
TIME
MERGER
ABANDONMENT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

COVENANTS

A

PROMISE FOR A PROMISE
ALWAYS CREATED BY WRITING
GENERALLY LAST FOREVER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

A COVENANT “RUNS WITH THE LAND” IF

A

1) WRITING
2) INTENT
3) NOTICE
4) PRIVITY
5) TOUCH & CONCERNS THE LAND

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

EQUITABLE SERVITUDE

A

LOOKS LIKE A RESTRICTIVE COVENANT

SEEK EQUITABLE RELIEF: INJUNCTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

IMPLIED RECIPROCAL SERVITUDE

A

COMMON SCHEME AND NOTICE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

LICENSE

A

RIGHT TO ENTER

FREELY REVOCABLE BY GRANTOR

UNLESS COUPLED W AN INTEREST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

PROFIT

A

RIGHT TO ENTER THE LAND AND TAKE SOMETHING OFF THE LAND

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

TAKING

A

1) GOV TAKING PRIVATE PROP FOR PUBLIC USE
2) REQS “JUST COMPENSATION”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

WATER RIGHTS

A

REASONABLE USE OF WATER

REASONABLE AMT OF WATER

REASONABLE MEANS TO ALTER FLOW OF RAIN/SNOW

46
Q

CROPS

A

GENERALLY GO W THE PROPERTY

NATURAL: REAL PROPERTY
MAN MADE: PERSONAL PROPERTY

47
Q

CROPS EXCEPTIONS

A

EXPRESS AGREEMENT

TENANT W RIGHT TO HARVEST

48
Q

ADJOINING UNDEVELOPED PROPERTY

A

STRICT LIABILITY FOR DAMAGE

49
Q

ADJOINING DEVELOPED PROPERTY

A

STRICT LIABILITY IF DAMAGE WOULD HAVE HAPPENED ANYWAY

OR ELSE NEGLIGENCE

50
Q

DIGGING ON ADJOINING LAND

A

NEGLIGENCE FOR DAMAGE

51
Q

PRIVATE NUISANCE

A

UNREASONABLE INTERFERENCE W USE AND ENJOYMENT

REASONABLE PERSON STANDARD

52
Q

PUBLIC NUISANCE

A

EFFECTS PUBLIC AT LARGE

PRIVATE PLAINTIFF MUST PROVE SPECIAL DAMAGES

53
Q

COMMON INTEREST OWNED COMMUNITY

A

LOT OWNERS MUST PAY DUES TO AN ASSOCIATION

54
Q

PROPERTY OWNERS ASSOCIATION

A

OWNERS REQUIRED TO BELONG TO ASSOCIATION AND PAY DUES

55
Q

CONDOMINIUM

A

CREATED BY STATUTE
MUST FILE A DECLARATION AND PLAT

56
Q

CONDOMINIUM OWNERS

A

PAY TAXES, INSURANCE, MORTGAGE FOR THEIR UNIT

OWN COMMON AREAS AS TENANTS IN COMMON

CANNOT SEPARATE OWNERSHIP OF UNIT AND COMMON AREAS

57
Q

CO-OP

A

CORP OWNS BUILDING AND LEASES UNITS TO SHAREHOLDERS

ONE MORTGAGE ON WHOLE PROPERTY

TENANT PAYS SHARE OFF FEE FOR TAXES AND MORTGAGE

58
Q

DEVELOPER

A

DEVELOPER GIVES POWER TO ASSOCIATION

ASSOCIATION HAS 2 YRS TO 2/3 VOTE TO TERMINATE DEVELOPER

DEVELOPER CANNOT CHANGE DECLARATION (UNLESS STATED)

59
Q

FORMING A COMMON INTEREST OWNED COMMUNITY

A

DECLARATION
ASSOCIATION
BOARD
DEVELOPER

60
Q

BOARDS

A

ACTS ON BEHALF OF ASSOCIATION

61
Q

RULES

A

MUST BE REASONABLY RELATED TO FURTHER A LEGITIMATE PURPOSE OF THE ASSOCIATION

62
Q

POWERS OF THE COMMUNITY

A

LEVY ASSESSMENTS AND FEES

MANAGE/IMPROVE COMMON AREAS

CREATE RULES

IMPOSE FINES

CONDUCT REASONABLE INSPECTIONS

REVOKE PRIVILEGES

LITIGATE AS THE ASSOCIATION

63
Q

DUTIES OF THE COMMUNITY

A

TREAT MEMBERS FAIRLY

ORD CARE IN MANAGING PROPERTY/FINANCES

REASONABLE ACCESS TO INFORMATION

64
Q

BURDEN ____ TO PROVE BREACH BY ASSOCIATION

A

ON MEMBERS

65
Q

DUTY OF BOARD MEMBERS

A

ACT IN GOOD FAITH

STANDARD OF CARE: AN ORDINARY DIRECTOR OF A COMMON INTEREST OWNED COMMUNITY

BOARD MEMBERS NOT JOINTLY/SEVERALLY LIABLE

66
Q

STATUTE OF FRAUDS

A

1) K MUST BE IN WRITING OR

2) PART PERFORMANCE : PAYMENT AND IMPROVEMENTS/POSSESSION

67
Q

REAL ESTATE K TERMS

A

1) PRICE
2) PARTIES
3) DESCRIPTION
4) CONDITIONS
5) SIGNED BY PARTY TO BE CHARGED

68
Q

EQUITABLE CONVERSION

A

TRANSFER OF EQUITABLE TITLE

RISK OF LOSS SHIFTS TO THE BUYER

69
Q

SELLER DOES NOT NEED ___ ON DAY OF SIGNING

A

LEGAL TITLE

70
Q

MARKETABLE TITLE

A

IMPLIED COVENANT TO CONVEY TITLE FREE OF ENCUMBRANCES

71
Q

TIME IS NOT ______ UNLESS STATED

A

OF THE ESSENCE

72
Q

MERGER

A

AT CLOSING THE K MERGES INTO THE DEED

CAN NO LONGER SUE UNDER THE K

73
Q

SELLERS DUTY TO DISCLOSE

A

MATERIAL DEFECTS THT CANNOT BE SEEN BY THE BUYER

74
Q

PURCHASE MONEY MORTGAGE

A

MONEY USED TO PURCHASE THE PROPERTY

ALWAYS GETS PRIORITY

75
Q

REDEMPTION

A

PAYING OFF DEBT TO PREVENT FORECLOSURE

76
Q

EQUITABLE RIGHT OF REDEMPTION

A

TIME FROM NOTICE TO SALE

NEVER WAIVED

77
Q

STATUTORY REDEMPTION

A

PERIOD OF TIME AFTER FORECLOSURE SALE

78
Q

LIEN THEORY

A

BANK ONLY HAS A LIEN

OWNER HOLDS TITLE

OWNER CAN SELL

79
Q

TITLE THEORY

A

BANK HOLDS TITLE

OWNER ONLY HAS EQUITABLE INTEREST

OWNER CANNOT SELL

80
Q

JOINT TENANCY LIEN THEORY V TITLE THEORY

A

LIEN THOERY: MORTGAGE DOES NOT SEVER

TITLE THEORY: MORTGAGE SEVERS INTO TENANCY IN COMMON

81
Q

ASSUME THE MORTGAGE

A

NEW BUYER TAKES OVER PAYMENT

ORG OWNER SECONDARILY LIABLE UNLESS NOVATION

82
Q

SUBJECT TO THE MORTGAGE

A

ORIGINAL OWNER LIABLE FOR PAYMENT

BUT BANK CAN FORECLOSE ON NEW OWNER

83
Q

DEED IN LIEU OF FORECLOSURE

A

SIGN DEED TO BANK AND SKIP FORECLOSURE PROCEEDINGS

84
Q

MORTGAGES TAKEN OUT AFTER ARE WIPED OUT

A

1) MUST B GIVEN NOTICE
2) JOINED TO SUIT

84
Q

MORTGAGES TAKEN OUT BEFORE STAY

A

BUYER TAKES SUBJECT TO

85
Q

DEFICIENCY JUDGMENT

A

COLLECT THE REMAINING MONEY NOT RECOVERED BY FORECLOSURE SALE

86
Q

INSTALLMENT LAND K

A

NO TITLE UNTIL ALL PAYMENTS MADE

SELLER CAN TAKE BACK AFTER DEFAULT

87
Q

DEED

A

TRANSFERS LEGAL TITLE ON DAY OF CLOSING

88
Q

PRESENT WARRANTIES

A

BREACHED ON DAY OF CLOSING

1) SEISIN
2) RIGHT TO CONVEY
3) COVENANT AGAINST ENCUMBRANCES

89
Q

FUTURE WARRANTIES

A

LAST FOREVER

4) QUIET ENJOYMENT
5) WARRANTY
6) FUTHER ASSURANCES

90
Q

GENERAL WARRANTY DEED

A

PROMISE FOR ALL 6 WARRANTIES SINCE PROPERTY DEVELOPED/ CREATED

91
Q

SPECIAL WARRANTY DEED

A

PROMISE FOR ALL 6 WARRANTIES SINCE SELLER HAD TITLE

92
Q

QUITCLAIM DEED

A

NO PROMISES REGARDING TITLE

93
Q

WRITING

A

TO SATISFY STATUTE OF FRAUDS

94
Q

DELIVERY OF DEED

A

INTENT OF THE SELLER TO GIVE UP CONTROL

94
Q

ACCEPTANCE OF DEED

A

PRESUMED UNLESS REJECTED

95
Q

MERGER

A

AT CLOSING THE K AND DEED MERGE

96
Q

DESCRIPTION OF THE PROPERTY

A

MUST BE REASONABLY DEFINITIVE

97
Q

TACKING

A

INTENTIONAL TRANSFER FROM ONE PERSON TO ANOTHER

98
Q

ADVERSE POSSESSION

A

ACQUIRES LEGAL TITLE IF

1)CONTINUOUS
2) ACTUAL
3) OPEN AND NOTORIOUS
4) HOSTILE
5) EXCLUSIVE

99
Q

DRAFTING DOCUMENTS

A

NON ATTORNEY CAN DRAFT DOCUMENTS

BUT NOT GIVE LEGAL ADVICE

100
Q

EQUAL DIGNITY RULE

A

AGENT MAY SIGN DEED ON BEHALF OF GRANTOR

NEED PERMISSION IN WRITING

101
Q

EXCEPTIONS- EQUAL DIGNITY RULE

A

1) OFFICER OF CORPORATION WITH AUTHORITY

2) SIGNING AGENT

3) NO WRITING- GRANTOR IS ESTOPPED IF HE TRIED TO INDUCE WRITING

102
Q

BONA FIDE PURCHASER

A

PAY FOR PROPERTY

TAKE PROPERTY W/O NOTICE

103
Q

NOTICE STATUTE

A

KEYWORDS: “SUBSEQUENT PURCHASER FOR VALUE W/O NOTICE”

LAST BONAFIDE PURCHASER PREVAILS

104
Q

CREDITORS ARE NOT BONAFIDE PURCHASERS

MORTGAGEES ARE..

A

BONAFIDE PURCHASERS

105
Q

RACE STATUTE

A

FIRST PERSON TO RECORD PREVAILS

106
Q

RACE NOTICE

A

FIRST BONAFIDE PURCHASER TO RECORD

KEY WORDS: “FIRST RECORDED”

107
Q

SHELTER RULE

A

ONE WHO TAKES FROMA BFP WILL PREVAIL AGAINST ANYONE THE TRANSFEROR- BFP WOULD HAVE PREVAILED AGAINST

108
Q

WILD DEED

A

A RECORDED DEED OUTSIDE THE CHAIN OF TITLE

109
Q

AFTER ACQUIRED TITLE

A

IF GRANTOR ACQUIRES TITLE AFTER CLOSING, TITLE WILL PASS AUTOMATICALLY TO GRANTEE

110
Q

RESTRICTIVE COVENANT MAKES TITLE UNMARKETABLE UNLESS

A

THE COVENANT IS EXPECTED IN THE K

111
Q

THE ASSIGNMENT OF A NOTE AUTOMATICALLY TRANSFERS THE MORTGAGE

A

TO THE ASSIGNEE OF THE NOTE

A SEP DOC ASSIGNING THE MORTGAGE TO THE ASSIGNEE IS UNNECESSARY

100 (21 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions