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Property 1L Del Law > Prop Mod 3 + 4 > Flashcards

Prop Mod 3 + 4 Flashcards

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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

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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
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3
Q

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

A

NO - duty to disclose hidden defects

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4
Q

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

A

Buyer

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5
Q

Adverse Possession - 4 Elements

A
  1. Continuous
    - can tack time w/ another adverse possessor in privity (exchange between them)
  2. Open + Notorious
  3. Hostile
  4. Exclusive
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6
Q

Valid Deed - 2 things

A
  1. Delivered

2. Accepted - presumed

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7
Q

Valid Deed Needs 3 things to Transfer

A
  • Parties
  • Signed by Grantor
  • Words of transfer
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8
Q

Not Covered by Recording Act

A
  • Gifts and Wills
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9
Q

Deeds - Notice Recording Act

A

Buyer should know b/c recorded, person there or told

– New buyer w/o notice WINS

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10
Q

Deeds - Race Recording Act

A

First to Record WINS

  • “First recorded”
  • “First to record”
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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”

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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 https://www.brainscape.com/subjectsnotice – if that’s what happened

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13
Q

Deed - General Warranty

A

Against all defects

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14
Q

Deed - Special Warranty

A

Against Defects caused by Grantor

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15
Q

Deed - Quit Claim

A

No Warranty

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16
Q

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

A

Present = At Transfer / Conveyance
Seisin - describes land - land correct
Right to Convey
Encumbrances

Future = After Transfer
Quiet Enjoyment
Warranty - defend against claims of title
Further Assurances - will fix title problems

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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

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18
Q

Restraint of Alienation

  • Total
  • Partial
A
  • Void

- If valid - then the transfer will be void

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19
Q

1) Statute of Frauds

leases – section in outline

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. Restatement (Second) of Property: Landlord and Tenant §2.1, Statutory Note 1.

a) Requirements

The lease agreement must be in a writing that:

i) Identifies the parties;
ii) Identifies the premises;
iii) Specifies the duration of the lease;
iv) States the rent to be paid; and
v) Is signed by the party to be charged

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20
Q

Does a mortgage sever a Joint Tenancy?

A 
Lien States (Maj) = no 
Title State (minor) = yes into a TinC
21
Q

Installment Land Contract is

A

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

22
Q

Installment Land Contract - buyer misses payment -

A

loses both property and the money

23
Q

Absolute Deed evidence about the agreement can be

A

Oral + Parol (evidence of a prior agreement )

24
Q

Liability of Mortgagor -

After Transfer of Deed - liable unless

A

Lender / Mortgagee - releases or modifies obligation

25
Q

Mortgage Liability - Transferee

Assumes vs. Subject to

A

Assumes = Liable for whole personally
(plus original mortgagor)

Subject to = not personally liable

26
Q

Pre-foreclosure - Lien theory state

A

Lender CANNOT take possession prior to foreclosure

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

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 / geos 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

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

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
+
Changed Circumstances - drastic change ./ ne benefit

47
Q

Negative Covenant / Easement

- Promise not to do something - ,,,

A

MUST BE IN WRITING

48
Q

Fixture is …
and
the buyer can …

A

Permanently attached to property
Buyer can keep it (unless in contract to sell that remove)
Tenants - can remove if no damage

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)

Property 1L Del Law (6 decks)

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