PA Property Law Distinctions Flashcards
Does a mortgage sever a joint tenancy in Pennsylvania?
Yes, unless all joint tenants execute the mortgage on the joint tenancy of the property.
Can a joint tenancy be disposed of by will?
No
How is a landlord’s right to possession of chattels assessed?
- Personalty? (no right)
- Trade fixture? (no right)
- Fixture? (Right to keep)
Against whom is an unrecorded deed valid?
The grantor and the grantor’s heirs and devisees
How can a subsequent grantee get priority over the equitable estate of a prior grantee?
They must :
- Be a bona fide purchaser for value
- lack actual or constructive notice of the equitable interest of the prior grantee; and
- Record a deed before the first grantee records
Does Pennsylvania follow the rule in Shelley’s Case?
No
Does Pennsylvania follow the Doctrine of Worthier Title?
No
Does Pennsylvania apply the rule against perpetuities?
No; it applies the wait and see approach, but only to interests created before December 31, 2006
Does Pennsylvania presume a joint tenancy is created?
No; it disfavors these unless intent was expressed with sufficient clarity.
Does a sale upon execution of a judgment (sheriff’s sale) sever a joint tenancy?
Yes
Does conveying a life estate sever a joint tenancy?
Yes, because the original tenants no longer have the same interest or possession of the property
In PA, if real estate is conveyed to two married grantees, what is created?
A tenancy by the entirety is presumed, unless the deed shows otherwise by clear and convincing evidence
Can a tenant by the entirety transfer part of the property without approval from the other spouse?
No
Does a judgment against one tenant by the entirety place a lien on the property?
No, only against the spouse’s expectancy interest upon survivorship or divorce
If two tenants by the entirety convey property with a lien on it to a third party, does the third party take the property with the lien?
No
If one tenant by the entirety murders the other, to where does the murdered spouse’s property pass?
The murdered spouse’s estate
The other half passes to the felonious spouse for life, then to the murdered spouse’s estate.
In PA, what length of leases must be in writing?
Leases of more than 3 years
How much notice is necessary for a year-to-year tenancy?
6 months, not 1 year
What are a tenant’s remedies for breach of the implied warrant of habitability?
- Refuse to pay rent;
- remedy the defect and offset; or
- Defend against eviction.
What are the elements to show breach of the implied warrant of habitability?
A tenant must show:
- The defect or condition is material;
- That notice was given to the LL; and
- The LL had a reasonable chance to repair but failed to do so
What is the covenant of quiet enjoyment?
An implied promise from the LL that no one with a paramount title will wrongfully interfere with the tenant’s enjoyment and possession of the leased premises
When is a tenant’s obligation to pay rent excused due to constructive eviction?
Only if the tenant gives notice and vacates within a reasonable amount of time
What duty of care does Pennsylvania apply to landlords? WRONG?
A general duty of reasonable care.
Can the covenant of marketable title be waived?
Yes, in the contract of sale
What are the remedies for breach of the covenant of marketable title?
- Rescission
- Breach; or
- Specific performance with an abatement of the purchase price
What is the warranty of reasonable workmanship?
It is an implied warrant applying to the builder/vendor of a new home
Upon entering into a contract, to whom does title belong?
The buyer, under the doctrine of equitable conversion
When a land-sale contract is silent as to the risk of loss for injury to the property before delivery of the deed, who bears the risk?
The buyer, as the equitable owner
What are the elements for adverse possession under Pennsylvania law?
- Actual
- Continuous
- Exclusive
- Visible
- Notorious
- Distinct
- Hostile
- for 21 years
What is the burden of proof for adverse possession?
Clear and definite proof for each element
Does PA allow tacking for adverse possession?
Yes, as long as in privity
Is giving a deed to a grantor’s own agent sufficient to deliver the deed to the grantee?
No, because it could be clawed back and is thus treated as an intention to retain the right to recover the deed
What recording statute is in PA?
A race-notice statute
Must a wild deed be properly indexed to provide notice?
Unclear; PA Supreme says it gives constructive notice, but PA statute says no
How are the 6 traditional general warranties put in place in a deed?
Through the phrase “grant and convey”
Does Pennsylvania recognize a statutory right of redemption after a foreclosure sale?
No
Can a tenant remove a fixture?
No, unless it is a trade fixture, i.e., one necessary for the operation of the business
If the grantor gives a deed to a third party for delivery to rhr grantee, what must the grantor do to make delivery effective?
Provide specific instructions for the date of delivery. If done, deed is considered delivered upon giving the deed to the third party.
What kind of recording statute does PA have?
Race-notice
