Pg 1

Question 1

What is a bequeath?

Answer 1

A gift given by someone who is dead

Question 2

What is considered to be a demised premises?

Answer 2

Rented property in a lease agreement

Question 3

What is a habendum clause in a deed?

Answer 3

It describes the nature of the interest being granted

Question 4

What is immunity?

Answer 4

Freedom from a legal relationship being altered by an act or omission of another

Question 5

What is In Specie?

Answer 5

Specific performance

Question 6

What is an incorporeal hereditament?

Answer 6

Anything that can be passed to heirs

Question 7

What does inter vivos mean?

Answer 7

A gift of property during a donor’s lifetime. This requires the intent of the donor to make the gift, termination of dominion over the property, and the donee must get actual or constructive possession and dominion over the property

Question 8

If you gift to your wife gold coins during your life, and then you later die, can your son sue because he thinks he should’ve gotten those coins?

Answer 8

No because they were given as an inter vivos gift

Question 9

What is an interest?

Answer 9

Any single right, privilege, power, authority, or a combination of any of these

Question 10

What is Lis Pendends?

Answer 10

“Litigation pending.“ If there’s litigation on property, Lis Pendends is filed with the court and recorded to put the world on notice.

Question 11

What is an owner?

Answer 11

Someone has numerous interests in a thing, and this might not add up to totality

Question 12

If you are considered to be the owner of property, what does that include for you?

Answer 12

• The right to stop others from coming onto your land
• indefinite privileges to enter and do what you want on the land
• power to transfer the land or allow others to enter it
• legal immunities against others that try to extinguish your privileges

Question 13

What is personal property?

Answer 13

Chattels or intangible things. Moveable property

Question 14

What are some examples of personal property?

Answer 14

Bank accounts, bonds, life insurance, patents, goodwill

Question 15

What is possession?

Answer 15

Dominion or control over property

Question 16

What is Power?

Answer 16

The ability to make a change in a legal relationship by doing or not doing an act

Question 17

What is a privilege?

Answer 17

The legal freedom of one person against another to do or not do an act

Question 18

What is a property interest?

Answer 18

This relates to things such as land, titles, and intangibles, and is protected by law against the world. Usually called a mortgage, leasehold, easement, and means you either have or you own that interest although you’re not the owner of the land that is subject to it

Question 19

What is property?

Answer 19

It is having a strong and permanent legally protected expectation of being able to draw an advantage from a thing. This is legal relations between persons with respect to things

Question 20

What does it mean to quiet title?

Answer 20

To legally clarify title

Question 21

What is real property?

Answer 21

Property in land or the land itself and the things attached to it

Question 22

What are some examples of real property?

Answer 22

Real estate, immovable property, fixtures, substantial structures, all natural vegetation.

Question 23

Are cultivated crops considered to be real property?

Answer 23

Depends on the situation, sometimes they are real property, and sometimes they’re personal property

Question 24

What is a recording?

Answer 24

Putting a copy of a document in the public record to protect the property from subsequent purchasers, not prior ones

Question 25

What is a Res?

Answer 25

An object or thing

Question 26

What is a right?

Answer 26

A legally enforcible claim of one person against another that the other will do or not do an act

Question 27

What is a successor?

Answer 27

Grantee, heir, or devisee of a promisee or promisor

Question 28

What are the four basic areas of real property?

Answer 28

– land acquisitions - land-use – landlord-tenant – present/future concurrent estates

Question 29

What is involved in the major area of real property of land acquisitions?

Answer 29

Two or more people fighting over ownership to the land. This includes adverse possession, problems with deeds, deed delivery, and recording act problems

Question 30

What is involved in the major category of real property of land use?

Answer 30

Someone claims a right to make affirmative use of someone’s land or dictates its use through covenants, easements, equitable servitudes, or implied servitudes. They are not saying they own the land.

Question 31

What is involved in a major category of real property for landlord tenant?

Answer 31

Special rules regarding the nature of the tenancy, the type, fights over rent, possession, improvements, transfers of interest, assignation/subleases

Question 32

What is involved in the major category of real property for present/future or concurrent estates?

Answer 32

Someone has a right to possess the land in the future, or two or more people jointly own land

Question 33

What is the difference between real property and personal property?

Answer 33

Real property is not movable, it is fixed in place.

Question 34

How can personal property become real property?

Answer 34

Something like installing a window into a house

Question 35

What are the major remedies to protect property?

Answer 35

– Common law: gives money damages – equitable: things like injunctions, specific performance, rescission of property transactions, etc. – modern remedies: gives legal and equitable relief together in a single civil action and the possessor can have either restitution or damages

Question 36

When doing an essay regarding conveyance, how should it be approached?

Answer 36

1. Valid conveyance of any interest that involves the conveyance plus delivery plus a valid document 2. Interest of the grantor being conveyed to the grantee 3. Recording acts or statutes that deal with notice, race, race-notice

Question 37

How do you get land or acquire title?

Answer 37

– adverse possession or another exception – contract – conveyance by gift or sale – devise where the owner dies and gifts the land in a will – inheritance where the owner dies intestate and land passes to the heirs by law

Question 38

What is an estate?

Answer 38

An interest in land that is or might become possessory

Question 39

What are the three different estates in land?

Answer 39

Present, possessory, future