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2022 PA Bar > PA Property Law Distinctions > Flashcards

PA Property Law Distinctions Flashcards

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1
Q

Does a mortgage sever a joint tenancy in Pennsylvania?

A

Yes, unless all joint tenants execute the mortgage on the joint tenancy of the property.

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2
Q

Can a joint tenancy be disposed of by will?

A

No

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3
Q

How is a landlord’s right to possession of chattels assessed?

A
  1. Personalty? (no right)
  2. Trade fixture? (no right)
  3. Fixture? (Right to keep)
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4
Q

Against whom is an unrecorded deed valid?

A

The grantor and the grantor’s heirs and devisees

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5
Q

How can a subsequent grantee get priority over the equitable estate of a prior grantee?

A

They must :

  1. Be a bona fide purchaser for value
  2. lack actual or constructive notice of the equitable interest of the prior grantee; and
  3. Record a deed before the first grantee records
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6
Q

Does Pennsylvania follow the rule in Shelley’s Case?

A

No

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7
Q

Does Pennsylvania follow the Doctrine of Worthier Title?

A

No

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8
Q

Does Pennsylvania apply the rule against perpetuities?

A

No; it applies the wait and see approach, but only to interests created before December 31, 2006

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9
Q

Does Pennsylvania presume a joint tenancy is created?

A

No; it disfavors these unless intent was expressed with sufficient clarity.

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10
Q

Does a sale upon execution of a judgment (sheriff’s sale) sever a joint tenancy?

A

Yes

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11
Q

Does conveying a life estate sever a joint tenancy?

A

Yes, because the original tenants no longer have the same interest or possession of the property

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12
Q

In PA, if real estate is conveyed to two married grantees, what is created?

A

A tenancy by the entirety is presumed, unless the deed shows otherwise by clear and convincing evidence

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13
Q

Can a tenant by the entirety transfer part of the property without approval from the other spouse?

A

No

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14
Q

Does a judgment against one tenant by the entirety place a lien on the property?

A

No, only against the spouse’s expectancy interest upon survivorship or divorce

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15
Q

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?

A

No

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16
Q

If one tenant by the entirety murders the other, to where does the murdered spouse’s property pass?

A

The murdered spouse’s estate

The other half passes to the felonious spouse for life, then to the murdered spouse’s estate.

17
Q

In PA, what length of leases must be in writing?

A

Leases of more than 3 years

18
Q

How much notice is necessary for a year-to-year tenancy?

A

6 months, not 1 year

19
Q

What are a tenant’s remedies for breach of the implied warrant of habitability?

A
  1. Refuse to pay rent;
  2. remedy the defect and offset; or
  3. Defend against eviction.
20
Q

What are the elements to show breach of the implied warrant of habitability?

A

A tenant must show:

  1. The defect or condition is material;
  2. That notice was given to the LL; and
  3. The LL had a reasonable chance to repair but failed to do so
21
Q

What is the covenant of quiet enjoyment?

A

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

22
Q

When is a tenant’s obligation to pay rent excused due to constructive eviction?

A

Only if the tenant gives notice and vacates within a reasonable amount of time

23
Q

What duty of care does Pennsylvania apply to landlords? WRONG?

A

A general duty of reasonable care.

24
Q

Can the covenant of marketable title be waived?

A

Yes, in the contract of sale

25
Q

What are the remedies for breach of the covenant of marketable title?

A
  1. Rescission
  2. Breach; or
  3. Specific performance with an abatement of the purchase price
26
Q

What is the warranty of reasonable workmanship?

A

It is an implied warrant applying to the builder/vendor of a new home

27
Q

Upon entering into a contract, to whom does title belong?

A

The buyer, under the doctrine of equitable conversion

28
Q

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?

A

The buyer, as the equitable owner

29
Q

What are the elements for adverse possession under Pennsylvania law?

A
  1. Actual
  2. Continuous
  3. Exclusive
  4. Visible
  5. Notorious
  6. Distinct
  7. Hostile
  8. for 21 years
30
Q

What is the burden of proof for adverse possession?

A

Clear and definite proof for each element

31
Q

Does PA allow tacking for adverse possession?

A

Yes, as long as in privity

32
Q

Is giving a deed to a grantor’s own agent sufficient to deliver the deed to the grantee?

A

No, because it could be clawed back and is thus treated as an intention to retain the right to recover the deed

33
Q

What recording statute is in PA?

A

A race-notice statute

34
Q

Must a wild deed be properly indexed to provide notice?

A

Unclear; PA Supreme says it gives constructive notice, but PA statute says no

35
Q

How are the 6 traditional general warranties put in place in a deed?

A

Through the phrase “grant and convey”

36
Q

Does Pennsylvania recognize a statutory right of redemption after a foreclosure sale?

A

No

37
Q

Can a tenant remove a fixture?

A

No, unless it is a trade fixture, i.e., one necessary for the operation of the business

38
Q

If the grantor gives a deed to a third party for delivery to rhr grantee, what must the grantor do to make delivery effective?

A

Provide specific instructions for the date of delivery. If done, deed is considered delivered upon giving the deed to the third party.

39
Q

What kind of recording statute does PA have?

A

Race-notice

2022 PA Bar (19 decks)

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