Property Flashcards
When multiple states are involved in a property dispute, what law is followed?
The law of the state where the property is located
Does RAP apply to the right of first refusal?
Yes, except when it is part of a lease
Is a liquidated damages clause in a real property contract valid?
Yes, as long as it is reasonable
percent doesn’t really matter
When can you remove a fixture from a leased property?
when you don’t cause damage and it can be done in a reasonable amount of time
Can you remove fixtures after the termination of a lease?
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
Is a seller liable for dangerous conditions in a house that are known to them, even if an inspection was done?
Yes
Is a possibility of reverter subject to RAP?
No
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?
the other tenants have a right to buy in based on their interest for the redemption price paid
In a race statute jurisdiction, does notice matter?
No
When only one co-tenant is in possession do they get contribution for taxes?
Only if the taxes are more than the fair value of the rent
What does abandonment of easement require?
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
When do classes close?
At the testator’s death
Does an owner have a right to rainwater?
Yes, and they can do what they want with it, even if they previously let it run onto neighbor’s land
Can a co-tenant bind another in a boundary line agreement?
Yes
Is a death escrow (hold onto this deed and give it to someone when I die) valid?
Only if the grantor can’t revoke it
Doctrine of Marshalling Assets (multiple parcels under one mortgage)
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)
What does an anti-ademption statute do?
proceeds from land contracted to be sold before death, but is actually sold after death is real property/that land
Can the right to redemption be waived or limited?
Yes, but only after default
If a deed is recorded by a purchaser of value, who bought the deed from someone with an invalid interest what happens?
The deed is ineffective
Does an owner’s policy of title insurance continue after the sale of the land?
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)
Is a duty to a visitor delgable?
No, so even if you have someone else do it, you are still on the hook if they do a shitty job
Are actual damages needed for nied?
No, but there is an exception for the mishandling of a corpse
Is expert testimony required to establish a standard of care for a profession?
No, but it can be used in situations where a jury might not be able to figure out that standard of care
What do you need to prove a design defect case about the alternative?
must prove that the alternative would be better and economically feasible
What type of intent do you need for trespass?
need an intent to enter or physically invade the land (the intent does not need to be wrongful though)
Is the owner of a domestic animal liable for harm caused by the animal?
Yes, if the harm is foreseeable
What does a special warranty deed warrant against?
Defects that arose while the conveyor had the property
What is the rules about fixtures in a lease situation?
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.
“estoppel by deed” doctrine
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
For the covenant against encumbrances is recording of the encumbrance enough?
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.
What are the damages for breach of the covenant against encumbrances
the lesser of the difference in value between title with and without the defect, or the cost of removing the encumbrance.
Part performance exception to SOF requires what?
2 of the following 3:
o Payment of value
o Make improvements on land
o Moving in
When someone pays off the entire balance of another’s obligation, what happens?
They become the owner of that obligation (subrogation)
and can foreclose on the property that the obligation was attached to
Can a seller seek specific performance of a land sales contract?
No
