Property

Question 1

What are the three forms of concurrent ownership in land?

Answer 1

joint tenancy with right of survivorship
tenancy in common
tenancy by the entirety

Question 2

In a joint tenancy, each co-tenant owns… and the surviving co-tenant has the right to…

Answer 2

an undivided share of the property

the whole estate (right of survivorship).

Question 3

At common law, four unities are required to create a joint tenancy (not anymore):

Answer 3

(i) time (interests vested at the same time)
(ii) title (interests acquired by the same instrument)
(iii) interest (interests of the same type and duration)
(iv) possession (interests give identical rights to enjoyment).

Question 4

A tenancy in common is a…

Answer 4

concurrent estate with no right of survivorship.

Question 5

A tenancy by the entirety is a

Answer 5

marital estate akin to a joint tenancy in that four unities (plus a fifth-marriage) are required for its creation, and the surviving spouse has the right of survivorship.

Question 6

What happens when one part of JTWROS leaves their share to someone in a will and then dies?

Answer 6

It doesn’t matter. The entire ownership goes to other member of JTWROS and none to person in will.

Question 7

Certain acts by one joint tenant that will sever a joint tenancy

Answer 7

suit for partition, inter vivos conveyance by one joint tenant, execution of a mortgage by one joint tenant in a title theory state

Question 8

After inter vivos conveyance by one joint tenant to a new person, what kind of tenancy is created between new person and other JTWROS people?

Answer 8

The transferee takes the interest as a tenant in common and not as a joint tenant.

Question 9

What can a joint tenant or tenant in common compel a contribution from other co-tenants for?

Answer 9

The cost of necessary repairs, taxes, and payments due on mortgages.

Question 10

What can a joint tenant or tenant in common NOT compel a contribution from other co-tenants for?

Answer 10

She does not have a right to compel contribution for the cost of improvements.

Question 11

In a tenancy by the entirety, can one spouse convey their interest?

Answer 11

No.

Question 12

Partial actual eviction by the landlord relieves the tenant of the obligation to pay rent for…

Answer 12

the entire premises.

Question 13

Partial eviction by a paramount title holder results in…

Answer 13

an apportionment of rent.

Question 14

If an easement is said to be surcharged, this means…

Answer 14

the easement’s legal scope was exceeded.

Question 15

The burden of an equitable servitude will run to successors in interest if:

Answer 15

1. The covenanting parties intended that successors in interest be bound by the covenant;
2. The successor in interest has notice of the covenant (if she has given value); and
3. The covenant touches and concerns the land (i.e., it benefits the covenantor and his successor in their use and enjoyment of the burdened land).

Question 16

T/F: Horizontal privity between the original covenanting parties and vertical privity between the covenantor and his successor in interest are required for an equitable servitude to run to successors in interest?

Answer 16

F. Vertical and horizontal privity are not required.

Question 17

A covenant touches and concerns the land when it…

Answer 17

makes the land itself more useful or valuable to the benefited party.

Question 18

Does the statute of limitations for adverse possession run against the holder of a future interest (e.g., remainder, reversion)? I.e. can a future interest holder get butted out of their interest because an adverse possessor took title to the land before they got possession?

Answer 18

No, SOL doesn’t run against future interest holder until her interest becomes possessory.

Question 19

To be valid, a deed must:

Answer 19

1. be in writing
2. sufficiently describe the land
3. identify the grantor and the grantee
4. evidence an intention to convey the land
5. be signed by the grantor

Question 20

Adverse possession elements

Answer 20

1. Actual and exclusive
2. Open and notorious
3. Adverse/hostile
4. Continuous through statutory period

Question 21

T/F: A later BFP in a notice state can acquire title from someone who gained possession by adverse possession.

Answer 21

False. BFPs are not protected against interests arising by operation of law.

Question 22

Direct restraints on alienation of a fee simple are…

Answer 22

void. You cannot grant someone a fee simple with a restraint on their ability to sell. It just creates a fee simple with no restraints.

Question 23

A fee simple determinable is an estate that automatically terminates on the…

Answer 23

happening of a stated event and goes back to the grantor.

Question 24

The interest that is left in a grantor who conveys a fee simple determinable is a…

Answer 24

possibility of reverter, which in almost all jurisdictions is transferable, devisable, and descendible.

Question 25

When is a landlord liable for latent defects even if they neither knew nor should have known of the defect?

Answer 25

If the lease is for a short term and the property is furnished.

Question 26

Generally, landlords are not liable for latent defects unless…

Answer 26

The landlord either knew or had reason to know of the defects.

Question 27

For there to be a merger which will extinguish an easement, the duration of the servient estate must be…

Answer 27

Equal to or longer than the duration of the dominant estate (I.e. fee simple vs. life estate).

Question 28

What creates a modern joint tenancy?

Answer 28

Clear language–“joint tenants with right of survivorship,” otherwise it’s a tenancy in common

Question 29

Do mortgages sever a joint tenancy?

Answer 29

In states that follow the “lien theory,” a mortgage is regarded as a len on title, and one joint tenant’s execution of a mortgage on her interest does not by itself cause a severance (only if foreclosed). In states that follow the “title theory,” a mortgage is regarded a transfer of title, destroying unity and severing JTWROS.

Question 30

In partial condemnation cases, does a landlord tenant relationship continue? And how much of the rent must the tenant continue paying?

Answer 30

The landlord-tenant relationship continues, as does the tenant’s obligation to pay the entire rent for the remaining period of the lease. The tenant will be entitled to a share of the condemnation proceeds.