Property

Question 1

When multiple states are involved in a property dispute, what law is followed?

Answer 1

The law of the state where the property is located

Question 2

Does RAP apply to the right of first refusal?

Answer 2

Yes, except when it is part of a lease

Question 3

Is a liquidated damages clause in a real property contract valid?

Answer 3

Yes, as long as it is reasonable

percent doesn’t really matter

Question 4

When can you remove a fixture from a leased property?

Answer 4

when you don’t cause damage and it can be done in a reasonable amount of time

Question 5

Can you remove fixtures after the termination of a lease?

Answer 5

Yes, if (i) the termination is not due to a breach by the tenant, and (ii) the date of termination is not foreseeable by the tenant sufficiently far enough in advance to permit removal before the termination of the lease

Question 6

Is a seller liable for dangerous conditions in a house that are known to them, even if an inspection was done?

Answer 6

Yes

Question 7

Is a possibility of reverter subject to RAP?

Answer 7

No

Question 8

When tenancy owned by co-tenants is foreclosed and the tenants are in privity (relatives or bought land together), if one of the co-tenants buys the place at the foreclosure sale then what happens?

Answer 8

the other tenants have a right to buy in based on their interest for the redemption price paid

Question 9

In a race statute jurisdiction, does notice matter?

Answer 9

No

Question 10

When only one co-tenant is in possession do they get contribution for taxes?

Answer 10

Only if the taxes are more than the fair value of the rent

Question 11

What does abandonment of easement require?

Answer 11

It requires the holder to make an affirmative act that reflects an intent to abandon. Mere non-use is not enough to terminate through abandonment

Question 12

When do classes close?

Answer 12

At the testator’s death

Question 13

Does an owner have a right to rainwater?

Answer 13

Yes, and they can do what they want with it, even if they previously let it run onto neighbor’s land

Question 14

Can a co-tenant bind another in a boundary line agreement?

Answer 14

Yes

Question 15

Is a death escrow (hold onto this deed and give it to someone when I die) valid?

Answer 15

Only if the grantor can’t revoke it

Question 16

Doctrine of Marshalling Assets (multiple parcels under one mortgage)

Answer 16

When there are multiple parcels a creditor could foreclose on (due to dividing of the land) then the bank must first go after any parcel without junior interests, and then in reverse order of the junior interests being created (go after most recent first)

Question 17

What does an anti-ademption statute do?

Answer 17

proceeds from land contracted to be sold before death, but is actually sold after death is real property/that land

Question 18

Can the right to redemption be waived or limited?

Answer 18

Yes, but only after default

Question 19

If a deed is recorded by a purchaser of value, who bought the deed from someone with an invalid interest what happens?

Answer 19

The deed is ineffective

Question 20

Does an owner’s policy of title insurance continue after the sale of the land?

Answer 20

Yes, an owner’s policy of title insurance continues to protect the owner if the owner is ever successfully sued on a title covenant in a future conveyance (even if they no longer own the land at that time)

Question 21

Is a duty to a visitor delgable?

Answer 21

No, so even if you have someone else do it, you are still on the hook if they do a shitty job

Question 22

Are actual damages needed for nied?

Answer 22

No, but there is an exception for the mishandling of a corpse

Question 23

Is expert testimony required to establish a standard of care for a profession?

Answer 23

No, but it can be used in situations where a jury might not be able to figure out that standard of care

Question 24

What do you need to prove a design defect case about the alternative?

Answer 24

must prove that the alternative would be better and economically feasible

Question 25

What type of intent do you need for trespass?

Answer 25

need an intent to enter or physically invade the land (the intent does not need to be wrongful though)

Question 26

Is the owner of a domestic animal liable for harm caused by the animal?

Answer 26

Yes, if the harm is foreseeable

Question 27

What does a special warranty deed warrant against?

Answer 27

Defects that arose while the conveyor had the property

Question 28

What is the rules about fixtures in a lease situation?

Answer 28

Generally, an item that becomes a fixture is transferred as part of the real property interest to which it relates. However, when there is an agreement between the landlord and tenant regarding an item that may be a fixture, that agreement will control.

Question 29

“estoppel by deed” doctrine

Answer 29

a grantor who conveys an interest in land by warranty deed before actually owning it is estopped from later denying the effectiveness of his deed.

BUT under the majority rule, a subsequent purchaser from the same grantor who takes without notice, can obtain good title as long as the jurisdiction is not a race one

Question 30

For the covenant against encumbrances is recording of the encumbrance enough?

Answer 30

No, the encumbrance must be disclosed

BUT a breach will not be recognized if the grantee had knowledge of the encumbrance, if it was visible, or if it benefitted the land.

Question 31

What are the damages for breach of the covenant against encumbrances

Answer 31

the lesser of the difference in value between title with and without the defect, or the cost of removing the encumbrance.

Question 32

Part performance exception to SOF requires what?

Answer 32

2 of the following 3:
o Payment of value
o Make improvements on land
o Moving in

Question 33

When someone pays off the entire balance of another’s obligation, what happens?

Answer 33

They become the owner of that obligation (subrogation)

and can foreclose on the property that the obligation was attached to

Question 34

Can a seller seek specific performance of a land sales contract?

Answer 34

No