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Undeleted > Prop > Flashcards

Prop Flashcards

1
Q

Adverse Possession

A

One who wrongfully enters prop excludes gov’t owned land

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2
Q

Req of Adverse Possession

A

Continuous
Open & Notorious
Hostile
Exclusive

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3
Q

Continuous AP

A

For statutory period (CL 20 yrs)
Seasonal or infrequent if
Consistent w/ type of property

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4
Q

Open & Notorious AP

A

Used in manner such that
Reasonable true owner on notice
Seasonal sufficient if intended use

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5
Q

Hostile AP

A 
W/ out true owner’s consent
Ignores state of mind (Maj)
Good Faith (Min)
Hostile if thinks rightful owner
Bad Faith (Min)
Knows not his
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6
Q

Exclusive AP

A

Excludes owner and general public

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7
Q

Tacking AP

A

Can tack on predecessor’s time to satisfy statutory period if relationship such as transfer, contract, or deed

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8
Q

Disabilities AP

A

SOL stayed for true owner at time AP began infancy, insanity, prison at time AP began

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9
Q

Color of Title AP

A

SoL ran and entered w/ belief owned acquires AP for whole prop if significant portion

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10
Q

Formation of K for Sale of Land

A

Requires offer, acceptance, and consid

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11
Q

SoF Sale of Land

A 
Writing
Signed by party to be charged
Essential terms:
Parties
Description of property
Price and payment info
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12
Q

Exceptions SoF Sale of Land

A 
Part Performance (need two):
Payment
Possession
Improvements
Detrimental Reliance (Estoppel):
Reasonably relied upon k AND would suffer detrimental hardship
Admission
Rescission: can be oral
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13
Q

Risk of Loss & Equitable Title Sale of Land

A

Buyer Liable unless deed states otherwise

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14
Q

Marketable Title

A

Implied covenant title
Free from unreasonable risk of litigation
Have until closing to cure

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15
Q

Time of Essence Sale of Land

A

Unless k specifically states

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16
Q

Merger Sale of Land

A

K merges w/ deed
Extinguish all rights/obligations
Under k and following only
Terms under deed

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17
Q

Types of Deeds

A

General Warranty Deed
Special Warranty Deed
Quitclaim Deed

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18
Q

General warranty deed

A

Protects against all 6 warranties

For all defects

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19
Q

Special Warranty Deed

A

Protects against 6 warranties

For all defects caused by grantor

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20
Q

Quitclaim Deed

A

No warranties and

Receives same as grantor held

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21
Q

Covenants of Title

A 
Seisin
Right to Convey
Against Encumbrances
Quiet Enjoyment
Warranty
Further Assurances
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22
Q

Req of Deeds

A 
Identify Parties
Signed by Grantor (SoF)
Words of Transfer
Sufficient description of property
Delivery
Acceptance
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23
Q

Delivery of Deed

A

Retained by grantor, presumed no transfer
Given to 3rd party, once given ownership retroactive
Given to grantee, presumed valid

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24
Q

Acceptance of Deed

A

Presumed with land

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25
Q

Implied Warranty of Fitness or Suitability

A

Defects in new construction
Used adequate materials and good
Workmanship in working on residence

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26
Q

Duty to Disclose Sale of Land

A

Material physical defects
Material if substantially affects value safety of occupants or desirability
Not readily observable

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27
Q

Recording Acts Attach to

A

Deeds, mortgages, leases, options, judgment affecting title

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28
Q

Types of Recording Acts

A

Race
Notice
Race/Notice

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29
Q

Shelter Rule

A

Take as if subsequent purchaser

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30
Q

Estoppel by Deed

A

Transfers when not owned cannot repossess once owned

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31
Q

Mortgages

A

Security device used to secure payment of debt owed by party (mortgagor) to lender (Mortgagee)

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32
Q

Maj Lien Theory Mortgages

A

Borrower treated as owner

Lender holds lien

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33
Q

Min Title Theory Mortgages

A

Lender treated as owner

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34
Q

Purchase Money Mortgage

A

Loan obtained for purpose of

Purchasing property

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35
Q

Future Advance Mortgage

A

Line of credit or second mortgage after

Property purchased

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36
Q

Deed of Trust

A

Delivers title to 3rd party (Tee)

Until note paid

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37
Q

Installment Land K

A

Seller retains title until pmt
CL: if buyer breaches
Seller keeps installments and land
ML: some JDX must foreclose, or redemption, or restitution

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38
Q

Absolute Deed

A

Transfer of title for loan

Prove by clear and convincing evidence

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39
Q

Conditional Sale & Repurchase

A

Sells to lender who leases back w/ option to repurchase when paid

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40
Q

Transfer by mortgagor

A 
Liability of mortgagor
Remains liable
Liability of transferee
If assumes, personally liable
Takes subject to, not personally liable and is default
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41
Q

Due on Clause Sale

A

Lender demand full pmt on transfer

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42
Q

Transfer by mortgagee

A

Mortgage follows note

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43
Q

Foreclosure

A

Forced sale of asset to pay debt when

Mortgagor in default

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44
Q

Types of Foreclosure

A 
Judicial sale (by court)
Power of sale (auction by mortgagee)
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45
Q

Equity of Redemption

A

Right of mortgagor to reclaim and prevent foreclosure by paying in full
Statutory Redemption

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46
Q

Deed in lieu of foreclosure

A

Convey property in exchange for release

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47
Q

Deficiency of Mortgage

A

Responsible for remaining after foreclosure

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48
Q

Priorities of Mortgage

A

First in time

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49
Q

Exceptions to Priorities of Mortgage

A 
Purchase money mortgage
Recording act
Subordination agreement
Mortgage modifications
Do not change priority
Future-advance mortgages
After-acquired property
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50
Q

Easement

A

Right by one to make specific, limited

Use of land owned by another

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51
Q

Types of Easement

A

Appurtenant
In Gross
Affirmative
Negative

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52
Q

Express Easements

A

Grant

Reservation

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53
Q

Grant Express Easement

A

Created by parties in writing

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54
Q

Reservation Express Easement

A

Conveys land but

Reserves easement for him/herself

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55
Q

Implied Easements

A

By Implication
By Necessity
Prescriptive
Easement by Estoppel

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56
Q

Easement By Implication

A

Prior use
Continuous and apparent after severance
Reasonably necessary to dominant land

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57
Q

Easement By Necessity

A

Common ownership in past

Strict necessity at severance

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58
Q

Prescriptive Easement

A

AP minus exclusive

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59
Q

Easement by Estoppel

A

Permission by someone to use land
Continuous reasonable reliance
Permission is withdrawn and
Reliance was detrimental

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60
Q

Scope of Easement

A

Defined by first instance of its terms
Change in Scope:
Reasonableness standard
If exceeds, trespasser

61
Q

Termination of Easement

A 
ENDCRAMPS:
Estoppel
Necessity Ends
Destruction
Condemnation
Release
Abandonment
Merger
Prescription
Sub BFP
62
Q

Release Term of Easement

A

Written and comply with SoF

63
Q

Abandonment Term of Easement

A

Non-use PLUS

Demonstrating intent

64
Q

Merger Term of Easement

A

Acquire full title to other property

65
Q

Prescription Term of Easement

A

Fails to protect against AP

66
Q

Sub BFP Term of Easement

A

No record, not enforceable

67
Q

Profit Prop

A

Non-possessory right to enter land AND

Remove specific natural resources

68
Q

License Prop

A

Revocable non-possessory right to

Enter land for particular purpose

69
Q

Covenant Prop

A

Promise restricting right to use property or

Impose obligations on owner

70
Q

Req of Covenant Prop

A 
WITCH VaN:
Writing
Intent
Touch and Concern
Horizontal (Burden Only)
Vertical
Strict (burden)
Relaxed (benefit)
Notice (Burden Only)
71
Q

Termination of Covenant/Equit Servitudes Prop

A 
DREAM CC:
Destruction
Release
Estoppel
Abandonment
Merger FSA
Condemnation
Changed Circumstances
72
Q

Remedy of Covenant Prop

A

Damages

73
Q

Equitable Servitudes Req

A 
WITN:
Writing
Intent
Touch and Concern
Notice (Burden Only)
74
Q

Remedy of Equit Servitudes

A

Injunctive Relief

75
Q

Implied Reciprocal Servitudes

A

Planned scheme with mutual rights of enforcement

76
Q

IRS Req to Run

A

Common scheme
Negative servitude
Notice (AIR)

77
Q

Remedy of IRS

A

Injunctive Relief

78
Q

Defenses to Covenants & Equitable Servitudes

A

Acquiescence: implied permission
Changed Circumstances: does not make sense due to drastic changes in surrounding area
Laches: unreasonable delay in claim and prejudicial to defendant
Unclean Hands: engaged in same conduct
Estoppel

79
Q

Common Interest Ownership Communities

A

Property owners’ associations:
Required to pay dues by owning property
Condominiums:
Required to pay fee for maintenance and use of common areas
Cooperatives:
Owned by corp leases to shareholders and share fees for taxes and maintenance

80
Q

Existing Nonconforming Property Zoning

A

Occurs when zoning is changed and
Existing structure no longer complies
Grandfathered in but
Cannot expand or switch use

81
Q

Post-Ordinance Nonconformity Zoning

A

Request to use property in
Existing non-conforming way

Request: variance or special exception

82
Q

Variance Types Zoning

A

Use:
Right use in manner not permitted
Area:
Restriction on manner property developed

83
Q

Req of Variance Zoning

A 
Result in unnecessary hardship
Circumstances unique to property
Not created by owner
Keeping w/ overall purpose of ordinance
Not substantial harm to general welfare
84
Q

Special Exception Zoning

A

Receives a permit

85
Q

Spot Zoning

A

Singles out for different treatment

86
Q

Procedural DP Rights Zoning

A

Right to receive hearing
Present evidence
Receive explanation

87
Q

Dedication Zoning

A

Gives use to gov’t but retains fee owner

88
Q

Riparian Water Rights

A

Water flowing through or adjacent to land

Reasonable Use:
Cannot transfer separate from land
Prior-appropriation Doctrine:
Can transfer separate from land

89
Q

Lateral Support Rights

A

Excavates:
Strictly liable for damage
Except: if contributed, then negligence

90
Q

Subjacent Support Rights

A

Mineral rights owner strictly liable for failure to support

Except: if contributed, then negligence

91
Q

Air Rights

A

Reasonable use UNLESS

Interferes with another’s reasonable use

92
Q

Type of Tenancies

A

Term of Years
Periodic
At Will
At Sufferance

93
Q

Term of Years Tenancy

A

Fixed and ascertainable time

Auto expires at end of term

94
Q

Periodic Tenancy

A

Repetitive, ongoing by set period
Auto renews each period
Notice before end of last period
Based on length of period

95
Q

At Will Tenancy

A

No specified term

30 day notice

96
Q

At Sufferance Tenancy

A

Holdover tenancy

Can evict or if accepts money creates month to month periodic

97
Q

Tenancy Disputes

A

Pay Rent
Condition of Premises
Possession (Eviction)
Improvements (Fixtures)

98
Q

Rent Dispute

A

Duty to Pay
Look to agreement or RRV
Maj: reasonable effort to rerent
Min: no duty to mitigate

99
Q

Defenses to Rent Dispute

A 
Failure to Deliver Possession
Destruction
Constructive
Implied Warranty of Habitability
K concepts
Surrender and Acceptance
100
Q

Failure to Deliver Possession Defense

A

Majority: legal and physical possession required

101
Q

Destruction Rent Dispute Defense

A

CL: T responsible
ML: L responsible

102
Q

Constructive Defense Rent Dispute

A

LL breaches duty to
Tenant that Substantially interferes
W/ T’s use and enjoyment

103
Q

Implied Warranty of Habitability

A

Maintain such that
Property reasonably suited for
Residential use

104
Q

Req of Constructive Eviction

A

Requires:
T notice
LL given time to fix
Vacates w/in reasonable time

105
Q

Req of Implied Warranty of Habitability

A 
Notice to LL
May:
Terminate and move
Repair and deduct
Pay reduced rent and sue
106
Q

Condition of Premises Defense to Rent

A 
LL maintain common areas for defects AND
Make necessary repairs
T avoid Waste
Affirmative: voluntary
Permissive: negligent
Ameliorative: increases value
107
Q

Possession (Eviction) Defense to Rent

A

CL: lock out and reasonable force
ML: no self help and use legal process

108
Q

Retaliatory Eviction Doctrine

A

Cannot evict T for
Reporting housing code OR
Withholding rent due to habitability

109
Q

Improvements (Fixtures) Defense to Rent

A

CL: stay w/ prop if attached UNLESS trade fixture
ML: Remove if does not damage AND done before end of lease

110
Q

Transfers of Tenancy LL

A

LL can assign or delegate but requires supervision w/ out T approval

111
Q

Assignment by Tenant

A

Complete transfer
New T: liable to LL
Old T: liable to LL

112
Q

Sublease by Tenant

A

Partial transfer
New T: not liable to LL
Old T: liable to LL

113
Q

Novation Tenant Transfer

A

Release OG from liability

114
Q

Present Interests

A 
FSA
Life Estate
FS Determinable
FS Subject to Condition Subsequent
FS Subject to Executory Interest
115
Q

FSA

A

Largest possessory estate
Capable of lasting forever
“And his/her heirs”

116
Q

Life Estate

A

Duration of life
Pur Autre Vie
Life of another

117
Q

Obligations of Life Estate owner

A

Mortgage interest
Repairs reasonable
Taxes reasonable
No waste

118
Q

FS Determinable

A

Limited by durational language

“While, during, until, so long as, unless”

119
Q

FS Subject to Condition Subsequent

A

Limited by conditional language

“Provided that, on condition that, however if, but if”

120
Q

FS Subject to Executory Interest

A

Upon occurrence of particular event

Auto passes to 3rd party

121
Q

FI Transferor

A

Reversion
Possibility of Reverter
Right of Entry

122
Q

Reversion

A

Future interest in grantor

Follows life estates or estate for years

123
Q

Possibility of Reverter

A

Follows FS determinable

Auto reverts to grantor

124
Q

Right of Entry

A

Follows FS Subject to Condition Subsequent

Must exercise right

125
Q

Doctrine of Worthier Title

A

Remainder in grantor’s heirs

126
Q

FI Transferee

A

Remainder or Executory Interest

127
Q

Remainder

A

Future interest in 3rd party

Vested or contingent

128
Q

Vested Remainder

A

Not subject to condition
Precedent AND ascertainable
Vested Subject to Open or Vested Subject to Complete Divestment

129
Q

Vested Subject to Open

A

Class gift w/ one member vested

130
Q

Rule of Convenience

A 
Closes class when member 
Entitled to immediate possession
131
Q

Contingent Remainder

A

Unascertainable OR subject

To condition precedent

132
Q

Alternate Contingent

A

Two parties have contingent AND pivots on same condition

133
Q

Rule in Shelley’s Case

A

Prevents remainders in grantee’s heirs

134
Q

Executory Interest

A 
Upon occurrence of condition
Auto reverts to 3rd party
Springing
Divests interest of grantor
Shifting
Divests interest of grantee
135
Q

Absolute Restraint on Alienation

A

Void

136
Q

Rule Against Perpetuities

A 
A life plus 21 years
Applies to:
Contingent Remainders
Executory Interests
Vested Subject to Open
137
Q

Types of Concurrent Ownership

A

JT
TE
TC

138
Q

JT

A

Two or more hold single, unified interest w/ right of survivorship

139
Q

Req of JT

A 
PITT:
Possession
Interest
Title
Time
140
Q

Severance of JT

A 
Transfer
Title Theory Mortgage severs
Lease on whole prop to 3rd party
Split JDX
Ouster
Partition
141
Q

TE

A

Only for married similar to JT

142
Q

TC

A

No right of survivorship
Undivided interest w/ unrestricted access to prop
Default

143
Q

Rights and Obligations of Concurrent Tenants

A 
Ouster
Profits
Rent
Operating Expenses
Repairs & Improvements
144
Q

Ouster

A

One co-tenant refuses to

Allow access to another

145
Q

Profits from Concurrent Tenants

A

No required to share from use EXCEPT mining

146
Q

Rent from Concurrent Tenants

A

Must share received from 3rd parties

147
Q

Operating Expenses from Concurrent Tenants

A

Can collect for more than her portion

148
Q

Repairs and Improvements from Concurrent Tenants

A

No right to reimburse

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