Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Exam Class Final > Prop Mod 3 + 4 > Flashcards

Prop Mod 3 + 4 Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

> Sale of Land - Detrimental reliance <

buyer sold their old house and seller tries to cancel

A

Can NOT do = specific performance b/c of detrimental reliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Sale of Land - Marketable Title

A

Must be free from Unreasonable RISK of Litigation

  • must be cleared before closing
  • If not , then buyer can cancel
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Seller says “as is” is that good enough for defects ?

A

NO - duty to disclose hidden defects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sale of Land - who bears the risk between contract and closing ?

A

Buyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Adverse Possession - 5 Elements

ECHO - A

A
  1. Exclusive
  2. Continuous
    - can tack time w/ another adverse possessor in privity (exchange between them)
  3. Hostile
  4. Open + Notorious
  5. Actual - actually in possession of someone else’s property.

(Not Fully Marketable - adverse possessor needs to file quiet title action 1st)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Valid Deed - 2 things

A
  1. Delivered

2. Accepted - presumed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Valid Deed Needs 3 things to Transfer

A
  • Parties
  • Signed by Grantor
  • Words of transfer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Not Covered by Recording Act

A
  • Gifts and Wills
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Deeds - Notice Recording Act

A

Buyer should know b/c recorded, person there or told
– New buyer w/o notice WINS
“ in good faith “
“ without notice “

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Deeds - Race Recording Act

A

First to Record WINS

  • “First recorded”
  • “First to record”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Deeds: Race - Notice Recording Act

A

New Person w/o notice + Records First = WINS
“ In good faith” +”first recorded”
“without notice” + unless “First duly recorded”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Notice – 3rd person has knowledge of two transfers - second didn’t

A

Still good b/c third person stands in shoes of second person w/o notice
– if that’s what happened

Shelter Rule

Ex: O-A (no record) / O-B (B records no knowledge of A) B- C / A vs C = C wins race and race-notice / C steps into B shoes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Deed - General Warranty

A

Against all defects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Deed - Special Warranty

A

Against Defects caused by Grantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Deed - Quit Claim

A

No Warranty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Deed - 6 Covenants
General Warranty
+ Special Warranty (Grantor Caused Problems Only)

> > Covenants against warranties are covenants that no third person has any interest that would diminish the property’s value, except as expressly stated in the deed

A

Present = Breached At Transfer / Conveyance
> operate only btwn buyer and seller, not successors
> do not run with the land.

  • Seisin - describes land - land correct
  • Right to Convey
  • Encumbrances

Future = Breached After Transfer when grantor fails to live up to promise
> between buyer and any past seller

  • Quiet Enjoyment
  • Warranty - defend against claims of title
  • Further Assurances - will fix title problems
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Anti Lapse - Wills : intended beneficiary dies first

A

Dead Beneficiary must be a relative to be covered

- if not ~ then residuary and added back to testator’s estate and passes to his heirs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Restraint of Alienation

  • Total
  • Partial
A
  • Void

- If valid - then the transfer will be void

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

1) Statute of Frauds

Violation of SOF = Voidable until
Tenant Takes possession
and
LL Accepts rent

A

The Statute of Frauds applies to a tenancy for years that is longer than one year.
(Requirements)

The lease agreement MUST BE IN WRITING:

i) parties;
ii) premises;
iii) duration of the lease;
iv) rent to be paid;
v) signed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Does a mortgage sever a Joint Tenancy?

A 
Lien States (Maj) = no 
Title State (minor) = yes into a TinC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Installment Land Contract is

A

where the seller holds title (like a rent to own) until final payment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Installment Land Contract - buyer misses payment -

A

loses both property and the money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Absolute Deed evidence about the agreement can be

A

Oral + Parol (evidence of a prior agreement )

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Liability of Mortgagor -

After Transfer of Deed - liable unless

A

Lender / Mortgagee - releases or modifies obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Mortgage Liability - Transferee

Assumes vs. Subject to

A

Assumes = Liable for whole personally
(plus original mortgagor)

Subject to = not personally liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Pre-foreclosure - Lien theory state

A

Lender CANNOT take possession prior to foreclosure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Foreclosure - Senior Interests vs. Jr Interests

A

Senior = Survive
Jr = Extinguished
- Unless Jr is recorded and Senior is not
- Unless its a purchase money mortgage and that takes priority over non-house mortgages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Foreclosure - purchaser at sale takes property..

A

Free and Clear of Any JUNIOR Mortgage

29
Q

Appurtenant Easement

A

Tied to Use of the land

- fully transferrable / goes w/ land

30
Q

Easement in Gross

A

Benefits the holder personally

  • doesn’t matter where the holder lives
  • may be transferrable (modern) w/ intent to make it so
31
Q

Express Easements - Created by

A
  • Writing ~ SOF
  • Grant
  • Reservation = when sell land but reserve right to do something
  • Recording
  • -> Negative MUST be EXPRESS
32
Q

Implied Easements

A
  • Transferrable
  • No SOF
  • No Recording - unless subsequent purchaser had notice
33
Q

Easement by Necessity

A

b/c the property is landlocked

- Were Owned in COMMON and then severed which created the need

34
Q

Easement by Implication - Prior Use

A

Common Ownership - Severance - owner used the easement before severance and continues to do so
» well on one side - crosses to get water - can keep crossing after split

35
Q

Easement by Prescription

A

Adverse Possession -

  1. Continuous
    - can tack time w/ another adverse possessor in privity (exchange between them)
  2. Open + Notorious
  3. Hostile
  4. —no need for Exclusive bc sharing the property w/ owner
36
Q

Easement by Estoppel

A
  • Starts w/ permission (license) which is revocable
  • Reliance in good faith (invested money etc)
  • Permission w/ drawn + Detrimental to the person using it
    • > can get easement
37
Q

Easement - - exceed scope

A
  • becomes a trespasser
  • or where he seeks to build lots and add many more users
  • can’t use easement for use by property acquired after the creation –> like buying many lots to build on + use
38
Q

Easement - duty to maintain

A

Owner

39
Q

Easement - Termination 6 ways

A
  1. Release - needs to be in writing
  2. Merger - combined 2 prop.
  3. Abandonment = Non-use + Affirmative Act demonstrating intent
  4. Prescription = fail to protect against a trespasser
  5. Estoppel = Servient owner acts on reasonable reliance that the owner has abandoned the easement
  6. End of necessity
40
Q

License on Property (unlike easement)

A

Revocable + ONLY binds the licensor

  • can be Oral -
  • Licensor dies = it’s extinguished -
41
Q

Covenants - 5 Elements

A
  1. Writing
  2. Intent
  3. Touch + Concern (Affirm: pay assoc fee / Neg: no flags)
  4. Notice
  5. Privity -
    Burden to run
    - Horizontal = orig owners and contains covenant
    - Vertical = Strict / entire interest to successor

Benefit o run = Relaxed Vertical ; a carve out of estate
- no Horiz. needed

42
Q

Covenants - remedy =
vs
Equitable Servitude - remedy =

A

Damages
vs.
Injunction

43
Q

Equitable Servitude - 4 elements

A
  1. Writing
  2. Intent
  3. Touch + Concern
  4. Notice
44
Q

Equitable Servitude - remedy =

A

Injunctive Relief NOT Damages

45
Q

Equitable Servitude - usually in community that is…

A

Planned - condo, subdivision
- all the same white houses –
Benefits + Burdens each equally
- Restriction on each (ex: nobody can paint colors)

46
Q

Equitable Servitude - termination

A 
(same as covenant) 
Expiration 
Merger
Release 
Unclean Hands
Abandonment - non enforcement 
Changed Circumstances - no longer a benefit
\+ 
Changed Circumstances - drastic change / no benefit
47
Q

Negative Covenant / Easement

- Promise not to do something - ,,,

A

MUST BE IN WRITING

48
Q

Fixture permanently attached the buyer can …

A

Buyer can keep it w/ property (unless in contract to sell that remove)

Commercial / Residential Tenants - can remove if no damage + PRIOR to end of lease

49
Q

Nuisance:
Private
Public

A 
Private = Substantial and Unreasonable interference w/ quiet enjoyment 
Public = Unreasonable interfere w/ safety health of community (Private party - must show unique to him and not same as rest)
50
Q

Joint tenancy :
ALWAYS =
Can you pass property at death

A
  • Equal shares

- NO - Cannot pass property at death

51
Q

SOF - 2 exceptions

A

1) Part performance - PIP
- may be able to obtain specific performance when performance constitutes evidence of a contract
(i) payment of all or part of the purchase price;
(ii) possession by the purchaser; or
(iii) substantial improvement of the property by the purchaser.

2) Equitable ESTOPPEL
- can enforce contract Detrimental reliance

52
Q

Rent Increase - Must inform (When?)

A

BEFORE the start of new rental period and it must be reasonable increase

53
Q

Who Liable for rent ?
Assignment =
Sub lease =

A

Assignment = T or T1 liable

Sub lease = only original T liable

54
Q

3 Kinds of Waste of Property

A

1) Ameliorative - Improvement w/o Permission
a) Gets double damages
b) More insurance
c) LL can make you put it back
2) Voluntary - purposeful
3) Permissive - you failed to do something and let it go to shit

55
Q

Who bears the Risk of Loss - between contract for sale and possession?

A

Buyer

56
Q

Anti-lapse statute

Beneficiary pre-deceases the testator = the gift is said to lapse

A

BUT - anti- lapse statute - protects the gift and gives it to the beneficiary’s heirs
– ONLY apply when the beneficiary is related to testator
- Preserves gift on to next relative
A —> B -> B dies - - > B heirs not back to A ‘s estate

57
Q

Covenants

(1) Present - on or before settlement day
(2) Future - after settlement day

> > Covenants against warranties are covenants that no third person has any interest that would diminish the property’s value, except as expressly stated in the deed

A

1) Present =Warranties of limited scope – operate only btwn buyer and seller, not successors/ do not
run with the land.

  • Seisin- describes the property
  • Right to Convey
  • Against Encumbrances - (undisclosed) that no third party has an interest in the land other than what is stated in the deed.

2) Future = Between buyer and any seller in line of title
- Quiet Enjoyment - not be disturbed by 3rd party claim
- Warranty - grantor will defend against 3rd party claim
- Further Assurances - grantor will fix title problems

58
Q

Mortgage

  • Assumed mortgage =
  • Subject to =
A
  • Assumed = in privity and transferee liable

- Subject to = not in privity so transferee not liable

59
Q

Obligation for a seller to convey FULLY Marketable title?

A

Always - unless buyer has consented to take less

  • If not buyer can
    a) Want Out = Rescind and sue for damages
    b) Want Property = Can sue for specific performance - sell it to me plus abatement of the price
60
Q

Easement

  • Abandonment
  • Release
  • Once Terminated
A

> Mere non-use does NOT =Abandonment need an affirmative act
Release - needs to be in WRITING
Stays dead unless re-born

61
Q

Negative Covenant / Easement - not to do something - MUST ….

A

BE IN WRITING

62
Q

Zoning vs. Covenant -which wins ?

A

Covenant trumps zoning

63
Q

Recording Acts - the “shelter doctrine”

A

Grantors who are protected by the recording act protect their grantees who would otherwise be unprotected.
-> 3rd purchaser protection subsequent purchaser protected even if he does not record first
Ex: Abe did not have actual knowledge of the gas-line easement. Abe is a bona fide purchaser who took title free of a prior encumbrance and he can convey that title to a subsequent purchaser free of that encumbrance.
Allows Abe to protect Bob, even though Bob has actual notice

64
Q

For a covenant to run with the land, must have elements but if the plaintiff cannot show intent in a writing for the covenant to run – they may =

A
  • nevertheless establish intent by showing a common scheme.
    (1) a large percentage of lots expressly burdened;
    (2) oral representations to buyers;
    (3) statements in written advertisements, sales brochures, or maps given to buyers; or
    (4) recorded plat maps or declarations
65
Q

A covenant that runs with the land is a promise that attaches to land, in which the covenantor promises to do or refrain from doing something on their land.
– If the owner of two or more lots sells one lot with restrictions of benefit to the retained lot,

A

> > the servitude becomes mutual.
That is, the owner of the lot retained may not do anything forbidden to the owner of the lot sold, creating an implied reciprocal servitude

66
Q

Covenant Termination 6

A 
Expiration 
Merger
Release 
Unclean Hands
Abandonment - non enforcement 
Changed Circumstances - no longer a benefit
67
Q

Notice Recording Statute:
an unrecorded conveyance or invalid as against a subsequent bona fide purchaser for value and without notice…
- But —Gifts == >

A

when not a purchaser for value, because it is a gift.

> Then unnoticed person is NOT protected by the jurisdiction’s recording act

68
Q

Appears to create a fee simple subject to condition subsequent BUT Grantor devised his estate to heir …what does he need to do in order to pass the Right of Re-Entry to heir ??

A

Expressly reserve the power of termination in the deed. The power of termination must be expressly reserved by the grantor in the conveyance.

69
Q

Mortgage Assignment - assigns rights to 2nd person , does he escape liability for default ?

A

NO - both can be sued on default

Bar Exam Class Final (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions