PAProp

Question 1

PA has abolished Rule in Shelley’s Case; thus…

Answer 1

parties take present and future interests according to language of deed (to B for life and then to B’s heirs)

Question 2

PA has abolished Doctrine of Worthier Title; thus…

Answer 2

remainder CAN be created in grantor’s heirs

Question 3

PA and RAP

Answer 3

• Interests created before 12/31/06: wait and see
• Interested created after 12/31/06: RAP dn apply

Question 4

PA law disfavors joint tenancies w/ right of survivorship; will only be found where…

Answer 4

intent to create rt of survivorship expressed w/ sufficient clarity within the instrument

Question 5

Severance of Jt Tenancy in PA

Answer 5

• if fewer than all Ts execute mortgage, severed as to that T (mortgaging T has T-I-C); if all execute mortgage, no effect (4 unities)
• if one T conveys even portion of interest during lifetime, severs as to him

Question 6

In PA, property conveyed to husband + wife presumed to be…

Answer 6

tenancy by entirety, even if deeded as joint tenants w/ rt of survivorship

Question 7

PA Tenancy by Entirety

Answer 7

• judgment v. 1 spouse dn place lien on property itself, only upon that spouse’s interest in obtaining property thru divorce/survivorship; if couple conveys while married, 3d p takes free from lien
• divorce converts to T-I-C

Question 8

PA Statute of Frauds requires a lease of more than ? years to be in writing

Answer 8

Three

Dn apply to periodic tenancy b/c no fixed term

Question 9

PA: Elements to establish breach of landlord’s implied warranty of habitability (res only)

Answer 9

1. defect or condition is material;
2. notice was given;
3. LL had reasonable chance to make repairs and failed to do so *T may terminate, make repairs + deduct, abate rent, pay rent + sue (any w/held rent must be paid into escrow acct)

Question 10

Constructive Eviction under PA law

Answer 10

Interference need not affect T’s use of entire premises, as long as all elements met

Question 11

PA duty of reasonable care on landlords does not extend to…

Answer 11

3d party criminal acts, unless LL actively tried to protect property and Ts rely on LL’s efforts

Question 12

Implied covenant of marketable title in PA

Answer 12

• applies regardless of type of deed unless otherwise agreed; applies at closing
• zoning violation renders title unmarketable if purchaser cn take possession w/out immediately becoming a violator of zoning ordinance (“bought a lawsuit”)

Question 13

Implied warranty of reasonable workmanship in PA

Answer 13

absent express contrary language, implied in land sale for purchase of newly constructed residence (but not subsequent purchasers); enforceable v. builder/vendor

Question 14

Equitable conversion in PA

Answer 14

• risk of loss passes to buyer upon entering land sales K; seller holds buyer’s interest in trust + has duty to keep up property
• insurance: apply principle of unjust enrichment

Question 15

PA Adverse Possession

Answer 15

• 21 years
• tacking allowed if privity
• payment of taxes not required
• 2 or more can create T-I-C by AP

Question 16

Scope of Adverse Possession

Answer 16

• if enters under color of title + actually possesses only portion, will gain title to whole
• AP’er acquires whatever estate was held by person in legal possession at *start* of AP period

Question 17

PA Recording Statute

Answer 17

Race Notice

Question 18

PA Wild Deed Situation

Answer 18

2005 PA Supreme decision held deed not properly recorded nvthlss provided constructive notice, but PA General Ass passed law following year stating deed must be properly indexed to provide notice

Question 19

No statutory right of redemption in PA

Answer 19

Once foreclosure sale, done

Question 20

PA and fixtures

Answer 20

when T attaches fixtures + equipment necessary for operation of biz, items considered “trade fixtures” + T permitted to remove during/at termination of lease