Practice Set 2

Question 1

What is the legal effect of building fixtures on real property?

Answer 1

They become part of the real property, which is transferred at conveyance

Question 2

What stops the running of the time for adverse possession?

Answer 2

When a true owner who is afflicted with a disability (e.g., insanity, infancy, imprisonment) at the inception of the adverse possession

Question 3

What is a holder of mineral rights liable to the owner of the land for?

Answer 3

Strict liability for any damage to existing structures because of a subsidence caused by the removal of the oil or minerals

Question 4

What is the doctrine of exoneration?

Answer 4

Inheritor of encumbered real property entitled to exonerate using remaining assets in estate
Modern rule = property is subject to encumbrance

Question 5

What is the doctrine of satisfaction?

Answer 5

When the testator conveys property intended to be devised in a will inter vivos to the devisee

Question 6

What are fructus industriales?

Answer 6

Crops grown through cultivation
These are considered personal property
Default conveyed through land but not always

Question 7

What are fructus naturales?

Answer 7

Naturally growing wild crops without the need for cultivation
These are considered real property

Question 8

What is required to transfer a real property interest?

Answer 8

1. Intent to make present transfer - deliver the deed
2. Grantee accept the deed
3. Writing according to SOF

Question 9

What information must be contained in a deed in order for it to be valid?

Answer 9

1. Name of Grantor and Grantee
2. Words of transfer
3. Description of property
4. Signature of Grantor

Question 10

What happens if a grantor gives a deed to an independent third party?

Answer 10

1. If grantor retains absolute right to recover, then no valid delivery
2. If (a) grantor has no retrieving language, and (b) a present intent to transfer a gift, then valid delivery

Question 11

How does acceptance of a deed occur and when is the timing?

Answer 11

Grantee is generally presumed to have accepted any beneficial conveyance
Relates back to the time the deed was transferred, unless it would harm a BFP or creditor

Question 12

When does a will considered to take effect in determining priority against an inter vivos transfer?

Answer 12

A will takes effect upon the death of the testator

Question 13

What is required for a delivery to be valid?

Answer 13

It must show (1) an intent to make a present transfer of (2) a property interest to the grantee (3) at the time of transfer

Question 14

What makes a covenant enforceable?

Answer 14

1. Must be in writing,
2. Duties and rights run with the land
3. Must touch and concern the land,
4. Subsequent purchasers must have notice; AND
5. The parties must have privity

Question 15

What terminates a covenant?

Answer 15

1. The parties (a) act in an affirmative way (b) with clear intent to (c) relinquish the covenant right
2. Mere nonuse or statements of intent without affirmative conduct, will not constitute abandonment

Question 16

What is strict foreclosure?

Answer 16

The lender brings an equity action requiring the borrower to pay the obligation within a specified time period
If borrower fails, then it forfeits is equity of redemption

Question 17

When is a buyer not entitled to raise the rights of the seller against the mortgage?

Answer 17

When a buyer purchases real property and agrees to assume an existing mortgage

Question 18

What are the requirements for a valid equitable servitude?

Answer 18

1. It must be in writing
2. There must be intent for the restriction to be enforceable by and against successors;
3. The servitude must touch and concern the land; AND
4. If enforcing against buyer, it must have notice

Question 19

What are defects to marketable title?

Answer 19

1. Unquieted title by adverse possession
2. Future interests holders who have not agreed to the transfer
3. Private encumbrance
4. Violation of a zoning ordinance; OR
5. Significant physical defect