Property Flashcards
A (i) ____ _____ absolute is the largest estate recognized by law. It can be (ii) _____, divided, (iii) ________ or inherited, and is presumed to have an (iv) ______ duration.
(i) fee simple; (ii) sold; (iii) devised; (iv) indefinite
A defeasible fee is a fee simple that can be terminated. There are three types: (i) fee simple _________ (and possibility of reverter; (ii) fee simple subject to a condition ______ (and right of entry); and fee simple subject to an _______ ________.
(i) determinable; (ii) subsequent; (iii) executory interest
A fee simple determinable terminates upon the happening of a stated event and (i) ________ reverts to the (ii) _________. There is usually language like “for so long as,” “while,” or “during” or “until.” In contrast, words like “to be used for” or “for the purpose of” do not create a feee simple determinable, and are instead a basic fee simple.
(i) automatically; (ii) grantor
A fee simple subject to a condition ___________ carries a right of entry. The grantor must take some (i) ______ to terminate. Often uses words like “condition that” “but if”. The right of entry must be (ii) _______ reserved. In general, a right of entry is not transferable inter vivos, but it can be devised and it can destine.
(i) subsequent; (ii) action; (iii) expressly
A fee simple subject to an executory interest terminates upon the happening of a stated event and then passes to a (i) ______ party. The third party as an (ii) ______ interest.
(i) third; (ii) executory
A life tenant is entitled to (i) ______ use of the profits of the land, but cannot do anything that (ii) ______ the interest of a remainderman or reversioner. Voluntary (iii) _______ waste is only permitted if it is necessary to repair land, or if it was implied by the conditions of the grant. A tenant is obligated (permissive waste) to pay taxes and mortgage interest, to keep the land and structures in reasonable repair, and to hold insurance. A life estate may do ameliorative waste (improve) if it does not diminish the property value, and either (iv) the _______ do not object, or (v) a _______ and permanent change in the environment has deprived the property of its former use.
(i) ordinary; (ii) injure; (iii) affirmative; (iv) remaindermen; (v) substantial
A reversionary interest automatically vests, and therefore is not subject to the (i) ______–
RAP
A (i) _______ must be expressly created in the instrument that creates the prior possessory estate.
(i) remeainder
A (i) _______ remainder is one created in an existing and ascertained person, not subject to a condition precedent.
(i) vested
An (i) _______ vested remainder is a vested remainder that is not subject to divestment or diminution.
(i) indefeasibly vested
A (i) ___________ remainder subject to (ii) is created in a (iii) _____ of persons that is certain to become possessor ,but is subject to diminution.
(i) vested; (ii) open; (iii) class
A (i) _______ remainder subject to total (ii) _________ is one that is subject to a condition subsequent. Here, the remainder is vested, but if conditions are not met, the remainderman loses it.
(i) vested; (ii) divestment
A (i) ______ remainder is one that is created in an (ii) _____ or unascertained person, or one subject to a condition (iii) ________.
(i) contingent; (ii) unborn; (iii) precedent
A (i) _______ remainder is destroyed if it fails to vest before the termination of the prior freehold estate.
(i) contingent
Under the doctor of worthier title, (DOWT), a remainder in the grantor’s heirs is invalid and becomes a (i) ______.
(i) reversion
An executory interest that an divest a transferee’s proceeding freehold is a (i) _______ executory interest; whereas an executory interest that follows a gap in possession or cut’s short a grantor’s estate is a (ii) ______ executory interest.
(i) shifting; (ii) springing
A (i) _______ cannot follow a fee simple. If it’s a 3d party, it must be an executory interest.
(i) remainder
Vested remainders are fully (i) ______, descendable, and devisable. Generally, contingent remainders and executory interests are also descendable and devisable (and often transferrable)
(i) transferrable
Under the rule of convenience, and in the absence of any express contrary intent, a class closes when (i) _____ member of the class can call for distribution.
(i) some
A trust is (i) _____ relationship with respect to some specific (ii) _______ (res) where the trustee holds (iii) _____ title to the property subject to enforceable (iv) ________ rights of beneficiaries.
(i) fiduciary; (ii) property; (iii) legal; (iv) equitable
A trust can be created by (i) ________ (testamentary), by (ii) ____ _____ transfer of the trust res, or by (iii) inter vivos declaration that the settlor is holding property in (iii) _____. All trusts of real property must be in writing.
(i) will; (ii) inter vivos; (iii) trust
No interest in property is valid unless it must vest within (i) ______ years after some life in (ii) ______ at the creation of the interest. The RAP applies to (iii) _______ remainders, executory interests, vested remainders subject to (iv) __________, options to purchase, and rights of first refusal.
(i) 21; (ii) being; (iii) contingent; (iv) open
The rule against perpetuities does not apply to vested interested, which include (i) _____ remainders (other than to open), (ii) ____________ (and possibility of reverter), and rights of (iii) _______.
(i) vested; (ii) reversions; (iii) entry
A joint tenancy requires the four unities of (i) ______, (ii) ______, (iii) ________, and (iv) ________. A right of survivorship must be express.
(i) time; (ii) title; (iii) interest; (iv) possession
A co-tenant can retain all profits from her (i) _____ use. But she must share (ii) ____ rents from third parties and net profits.
(i) own; (ii) net
If a joint tenant has a mortgage, and dies, the banks’s mortgage is (i) _________, and the joint tenant inherits.
(i) extinguished
An co-tenant has a right to judicial (i) __________, either in kind or by sale and division.
(i) partition
A co-tenant has a right of contribution for (i) _______ and (ii) but generally not for (iii) _________-
(i) taxes; (ii) repairs; (iii) improvements
A tenancy for years terminates (i) _______ at its termination date.
(i) automatically
A periodic tenancy can be created by express agreement or (i) ________ based on the payment of rent, or by operation of law.
(i) implied
A tenancy at will can be terminated at the will of (i) ____ party. Absent express language, a tenancy will be assumed to be (ii) _______ tenancy, based on rent.
(i) either; (ii) periodic
A tenancy at (i) ______ is created when a tenant wrongfully remains in possession. It lasts until the landlord takes steps to terminate. Due to the hold-over doctrine, a landlord can either (ii) _____ the tenant, or (iii) _____ him to a new, periodic tenancy. For commercial tenants, they’ll be held to a (iv) ____-to-______ tenancy, provided that the initial term was for a year or more (or a periodic tenancy based on the frequency of rent payments if it was shorter). Residential tenants are held to a (v) _______-to-_________ tenancy, regardless of the original term. If the landlord notifies the tenant (vi) ________ the lease expires of a new rent, the new tenant is bound to the new rent.
(i) sufferance; (ii) evict; (iii) bind; (iv) year-to-year; (v) month-to-month; (vi) notice
The Rule Against Perpetuities does not apply to an (i) ____ attached to a lease.
(i) option
A tenant has responsibilities to avoid waste – (i) _____ (affirmative rate) from negligence of the premises; (ii) _______ was the from failing to protect the premises from the elements; (iii) _______ waste by altering the leased property (liable for cost of restoration). But if the tenant is long-term, and the neighborhood changes, no ameliorative waste damages.
(i) voluntary; (ii) permissive; (iii) ameliorative
If a tenant unjustifiable (i) ____ the property, the landlord has a duty to (ii) ______ damages by seeking to relet the property
(i) abandons; (ii) mitigate
The landlord has a duty to delivery (i) _____ of premises at the beginning of the lease hold.
(i) possession
The landlord gives an implied covenant of quiet enjoyment. It can be breached by (i) _____ eviction; (ii) ____ eviction; or (iii) _______ eviction, which occurs when the breach of duty renders the premises unsuitable for occupancy. To establish a claim for constructive eviction, the landlord must have (iv) _____ a duty, that breach (v) _________ and materially deprived the tenant of the use and enjoyment of the premises, the landlord had reasonable (vi) ________ and time to repair, and after such time, the tenant (vii) ______ the premises.
(i) actual; (ii) partial; (iii) constructive; (iv) breached; (v) substantially; (vi) notice; (vii) vacated
The implied convent of (i) _______ in a residential lease is not (ii) ________. The landlord’s duty is tied to standard of local housing codes. In the event of breach, the tenant may (iii) _______ the lease, make (iv) ______ and offset rent, (v) _______ the rent to an amount equal to the fair rental value in view of the defects; or (vi) _____ in possession, pay full rent, and sue for damages.
(i) habitability; (ii) waiveable; (iii) terminate; (iv) repairs; (v) abate; (vi) remain
The Civil Rights Act bars racial or ethnic discrimination in the (i) _____ or (ii) ______ of all property.
Sale or rental
The Fair Housing Act protects tenants from discrimination based on race, color, religion, national origin, sex, or disability. The Fair Housing Act does not apply to (i) _____-occupied buildings with (ii) _______ or fewer unites in which persons live independently of each-other, and (iii) ______-family homes sold or rented by an owner who owns no more than (iv) _______ single family homes.
(i) owner; (ii) four; (iii) single; (iv) three
Under the Fair Housing Act, a landlord cannot refuse to negotiate, (i) ______ or (ii) ______ housing, or make available a mortgage loan based on discriminatory intent. The landlord cannot provide different (iii) ______ or conditions for the sale or rental of the dwelling, or mortgage. And the owner cannot falsely (iv) _______ that a dwelling is not available for inspection, sale, or rental.
(i) rent, (ii) sell, (iii) terms, (iv) represent
Under the Fair Housing Act, it is unlawful to (i) ____ or publish any notice of advertisement that indicates any preference or limitation based on race, color, religion, sex, disability, familial status, or origin.
(i) print
Where the Fair Housing Act applies, landlords must permit disabled tenants to make (i) ______ modifications to existing premises to accommodate their disabilities at the tenant’s own expense.
(i) reasonable
Absent an express restriction in the lease, a tenant may freely transfer her interest, in whole or in part. A complete transfer is an (i) ____________; if the tenant retains any part of the term, it is a (ii) _________.
(i) assignment; (ii) sublease
An (i) ______ stands in the shoes of the original relationship, in a direct relationship with the landlord. The assignee is in privity of (ii) _______ with the landlord. After assignment, the original tenant is still within privity of (iii) _______.
(i) assignee; (ii) estate; (iii) contract
A covenant to a lease runs with the (i) _______ if the original parties so intent, and if the covenant (ii) _____ and concerns the land.
(i) land; (ii) touches
A sublessee is not in (i) ______ with the landlord. A sublessee cannot enforce any covenants, except for the implied warranty of habitability.
(i) privity
Covenants that restrict assignment and sublease are (i) _______ _______ against the landlord. So, a lease prohibiting assignment does not prevent subleasing and vice versa.
(i) strictly construed
If a tenant assigns or sublets in violation of a lease, the transfer is not (i) _____, however, the landlord may (ii) ______ and sue for damages.
(i) void; (ii) terminate
A landlord may assign the rents and reversion interests he owns (i) _________ the consent of the tenant.
(i) without
If a landlord sells his land, all covenants that touch and concern the land (including (i) ______-) go to the new owner.
(i) rent
If the landlord sells/assigns property, the new owner is liable for covenants that run with the land to the tenant under the privity of (i) _________, and the past owner under privity of (ii) _______.
(i) estate; (ii) contract
If a lease is extinguished by eminent domain, the tenant is entitled to (i) _______-
(i) compensation
If, at the time the lease is entered into, the landlord knows (or should know) of a danger condition that the tenant would not (i) _______ by reasonable inspection, the landlord must (ii) _______ it.
(i) discover; (ii) disclose
The landlord has a duty of (i) _______ care in maintaining common areas
(i) reasonable
A landlord is liable to injuries of the public, if at the time of th lease, he knows (or should know) of a (i) _____ condition, he has reason to believe the tenant may (ii) ______ the public (prior to repairs), and he fails to (iii) _____.
(i) dangerous; (ii) admit; (iii) repair
A landlord who rents a fully furnished premise for a short period is under a (i) _____ duty of care, and is liable for injuries resulting from any (ii) ______, whether known or unknown.
(i) strict; (ii) defect
Even if a landlord has no duty to make repairs, if he attempts to repair and does so (i) ____________ or gives a (ii) _______ appearance of safety, he may be liable for injuries.
(i) negligently; (ii) deceptive
A (i) _______ is chattel that is has become so affix to land that it has ceased to be personal property and has become part of the reality.
(i) fixture
When items are incorporated into the structure so that they lose their identity, they are (i) _________ whose removal would cause considerable damage
(i) fixtures
The intention to “annex” (to make an item part of realty) will be denied based on the (i) _____ of the article, (ii) ____ of attachment, and the amount of (iii) ______ from removal. An article of personal property that is so uniquely adapted to the real estate that it makes no sense to separate it (e.g., keys to doors . . . organ bench) may be considered a fixture even if it is not physically annexed to the property
(i) nature; (ii) manner; (iii) damage
An agrement between a landlord and tenant is controlling regarding whether an annexed chattel is a fixture. Absent agreement, if the tenant lacked the intent to permanently improve the property, he may remove the annexed chattels if removal does not (i) ____ ______ the premises or destroy the chattel. It must be removed by the end of the (ii) ____ ________ (or within a reasonable time), and the tenant must pay for any necessary (iii) _____.
(i) substantially damage; (ii) lease term; (iii) repairs
One in adverse possession who adds fixtures cannot (i) ____ those fixtures on ejectment.
(i) remove
Easements, profits, covenants, and servitudes are (i) _____ interests in land.
(i) nonposessory
An easement is assumed for (i) _______ duration unless the grant specifically limits the interest
(i) perpetual
An easement (i) ______________ benefits the holder in his physical use or enjoyment of another tract of land. There must be two tracts – the (ii) ______ tenement (the estate benefitted) and the (iii) ______ tenement (the estate subject to eh easement right). An easement appurtenant passes with the (iv) ________ of the benefited land, regardless of whether it is mentioned din the conveyance. The burden also automatically passes with he servient estate unless the new owner is a (v) ____ _______ purchaser with no (vi) _________ or (vii) _______ notice of the easement.
(i) appurtenant; (ii) dominant; (iii) servient; (iv) transfer; (v) bona fide; (vi) actua; (vii) constructive
The holder of an easement in (i) _______ acquires a right to use the servient tenement independent of another tract of land. An easement in gross for personal pleasure (e.g., to swim) is non-transferrable, but one that serves an (ii) ______ or commercial interest is transferrable.
(i) gross; (ii) economic
An easement must be memorized in writing and signed by the holder of the (i) _______ tenement unless the duration is brief enough (one year or less) to be outside the statute of frauds.
(i) servient
A grantor can (i) _______ an easement when he transfers land (but only for the grantor)
(i) reserve
As easement by (i) _________ is an operation of law, and is an exception to the statue of frauds. There are three types of easements by implication: (ii) easement implied from _______ use (this means that prior to the division of a single tract, there was an apparent and continuous use on the servient part, that was reoansably necessary for the enjoyment of the dominant part, and the court determines that the parties intended to continue the use after division. (iii) An easement implied ______ any existing use is created when a lot is subdivided with reference to a recorded plat or map, and the holder of a profit has an implied easement to pass over the land to extract profit. And an easement by (iv) ________ is when a landowner sells a portion of his tract by division and deprives one lot of access to a public road or utility line.
(i) implication; (ii) existing; (iii) without; (iv) necessity
An easement by (i) _______ is analogous to adverse possession. The use must be (ii) ______ and notorious, (iii) __________, (iv) ________ and uninterrupted, for the (v) _______ period.
(i) prescription; (ii) open; (iii) adverse; (iv) continuous; (v) statutory
Overuse or misuse of a easement does not (i) _____ the easement. The appropriate remedy is an (ii) ______ against misuse.
(i) terminate; (ii) injunction
If the easement holder is the sole user, he has a duty to make (i) _______, but if both the dominant and servient land use the easement, they can share costs.
(i) repairs
An easement can be terminated by: (i) ________ conditions, (ii) _____ of ownership (merger) (duration of servient tenement must be equal to or longer than the duration of the dominant tenement; (iii) ________ (a deed of release); (iv) ___________- (a physical action and intent to peremantly abandon the easement . . . but oral expression and longterm misuse may also be enough); (v) _________ (if the owner of the servient tenement changes his position in reliance on the representation of the easement owner); (vi) ______ (20 years of adverse, continuous, uninterrupted use); (vii) _______ (end when necessity ends); (viii) _______ and destruction.
(i) stated; (ii) unity; (iii) release; (iv) abandonment; (v) estoppel; (vi) prescription; (vii) necessity; (viii) destruction
A license is not an (i) ______ in land, and is a privilege that may be (ii) _____ at the will of the licensor.
(i) interest; (ii) revoked
An attempt to create an (i) _____ that fails will result in a (ii) _______.
(i) easement; (ii) license
A license can become revocable by (i) ______ if the licensee invests significant money or labor in reliance on the reliance, until the holder receives sufficient benefit to reimburse.
(i) estoppel
A real covenant (normally in the (i) _____) is a written promise to do something on the land or not to do something on the land. Real convenient run with the land.
(i) deed
For a burdening covenant to run with he land, the covenanting parties must have (i) ________ that the successors in interest to the convector e bound by the terms of the covenant. A subsequent bona fide purchaser must have (ii) _____, (iii) _________, or (iv) __________ notice of the covenant at the time of purchase. At the time the covenant was created, the parties must have had a (v) _______ relationship (e.g., grantor-grantee, landlord-tenant; mortgagee-mortgagor). And, there must be vertical privity with the successor in (vi) ________, and the successor must hold the sam interest as the conventor.
(i) intent; (ii) actual, (iii) inquiry, (iv) record, (v) horizontal; (vi) interest
For a benefit to run with the land, there must have been (i) _______ between the convenanting parties, (ii) ______ privity between the assignees and the original estate, and the benefit must (iii) _____ and concern the land.
(i) intent; (ii) vertical; (iii) touch
Generally, the remedy for a breach of a convenant is (i) _______, though if an injunction is sought, the promise may be enforced as a (ii) _______ servitude
(i) damages; (ii) equitable
For adverse possession, the possessor must show (i) _____ entry giving (ii) _______ possession that is (iii) ____ and notorious, (iv) _______ (hostile), and (v) ______ throughout the statutory period.
(i) actual; (ii) exclusive; (iii) open; (iv) adverse; (v) continuous
If an adverse possessor occupies part of the land under (i) ________ title (a document that purports to be a title, invalidly), then she will be deemed to have constructively possessed the entire parcel.
(i) colorable
A future interest is not cut short by (i) _______ possession. The statutory period will not begin until the interest becomes (ii) _______.
(i) adverse; (ii) possessory
If an adverse possessor takes the land in violation fo a covenant, she takes the land free of the covenant. But if she has observed the covenant, she is (i) _____ to the restriction
(i) subject
Land owned by the government or titled by a (i) ______ system cannot be adversely possessed.
(i) Torrens
Once a contract is signed, equity regards the buyer as the owner of the (i) ____ property. The seller’s interest is considered (ii) _______ property. The bare legal title that remains in the seller is considered to be held in trust for the buyer.
(i) real; (ii) personal
If property is destroyed before closing the majority rule places the risk on the (i) _______. But if the property is destroyed under an insurance policy of the seller, the seller must credit insurance monies to the buyer.
(i) buyer
If a party to a land sale contract dies before closing, the seller’s interest passes as (i) _______ property and the buyer’s interest passes as (ii) _____ property.
(i) personal; (ii) real
Every land contract contains an implied covenant of (i) _____ title (possession free from doubt). It need not be perfect, but it must be free of questions that present an unreasonable risk of litigation
(i) marketable
Title may be unmarketable because of a defect in the chain of (i) ______. Title acquired by (ii) _______ possession is unmarketable. When a holder of a future interest is (iii) ________ or (iv) ___________, it is impossible to convey marketable title.
(i) title; (ii) adverse; (iii) unborn; (iv) unascertained
Mortgages, liens, restrictive covenants, easements, and options to purchase are (i) ________. They are (ii) _______ encroachments, and generally render title unmarketable. An easement that is beneficial, visible, or known to the buyer doe into impair marketability.
(i) encumbrances; (ii) significant
A seller has a right to satisfy a (i) _____ or a lien at closing with the (ii) ______ from a sale.
(i) mortgage; (ii) proceeds
Zoning restrictions do not affect marketability, but an existing (i) ______ of a zoning ordinance will render title unmarketable
(i) violation
If the seller has agreed to furnish marketable title at closing, the buyer cannot rescind prior to closing on the grounds that the seller’s title is not marketable at the (i) _____ prior to closing. On an installment land contract, marketable title is not due until the last payment is made.
(i) time
Once closing occurs, the implied title of (i) _______ merges into the deed, and the seller is only liable for (ii) _____ promises in the deed.
(i) marketability; (ii) express
A quitclaim deed does (i) _____ waive the implied covenant of marketable title
(i) not
The buyer must notify the seller of any defect in the marketable title, and give him (i) ______ time to cure. If the seller fails to cure, the buyer can (ii) ______ the contract, sue for (iii) _________, sue for (iv) ______ performance with abetment, and a (v) ______ title suit.
(i) reasonable; (ii) rescind; (iii) damages; (iv) specific; (v) quiet
In general, course assume that time is not of the (i) ____ in a real estate contract, and therefore, a closing date is not absolutely binding. A party tendering late in her own performance can still enforce the contract if it is done within a (ii) ________ time of the closing date.
(i) essence; (ii) reasonable
Time can be of the essence in a land contract if it is (i) _____ in the contract, if it is (ii) _______ by the circumstances, or one party gives the other (iii) ______.
(i) express; (ii) implied; (iii) notice
Neither party is in breach until one (i) _____ performance. This is a common contract element. If neither party tenders at the closing date, the closing date is extended until one does.
(i) tenders
If the contract fails, (i) _____ money can be retained by the seller, so long as it is reasonable in light of (ii) _____ damages.
(i) earnest; (ii) reasonable
Most courts recognize a warranty of fitness or quality in the sale of a new house by the (i) ______.
(i) builder
Some courts allow the ultimate owner to sue the builder for negligence, even if there is no (i) _____-
(i) privity
A seller is liable for defects to property if he (i) _______ the conditions (knowingly or negligently makes a false statement that the buyer relied on, and it materially affected the value), (ii) actively ___________ defects, or if he (iii) fails to ____________ if he knows (or should know), the defect is not apparent on inspection, and it is a serious defect.
(i) misrepresents; (ii) conceals; (iii) disclose
A general waiver of disclaimers will not hold for fraud, concealment, or failure to disclose, but if it’s specific (e.g., no liability for roof defects), it generally is ________
permissible
A (i) ______ insurance policy insures that a good record of title of the property exists as of the owner’s policy date, and promises to defend the record title if litigated. An owner’s policy protects only the person who (ii) _____ the policy and does not run with the land.
(i) title; (ii) owns
A deed must be in (i) ________, signed by the (ii) _______, and reasonably identify the (iii) ______ and parties.
(i) writing; (ii) grantor; (iii) land
To validly convey property inter vivos, there must be (i) _____ intent, (ii) _______, and (iii) _______.
(i) donative; (ii) delivery; (iii) acceptance
A deed can have a blank ________ (the court will presume he who holds the deed), but it cannot be a blank signature of the grantor or a blank land description
(i) grantee
A void deed will be set aside even if bought by a bona fide purchaser. These include deeds that are (i) _____, were never (ii) ___________, or were obtained by (iii) _____.
(i) forged; (ii) delivered; (iii) fraud
A deed may be set aside for fraudulent conveyance (intent to (i) ______ a creditor without receiving (ii) _____ equivalent value). But a bona fide purchaser who took possession in good faith will be protected.
(i) hinder; (ii) reasonably
A deed with a good lead on the property description can be supplemented with (i) _____ evidence.
Parol
Where deeds descriptions conflict, the following order or priority: (i) ______ monuments ( a rem), (ii) ______ monuments (buildings), (iii) ______ (angles), (iv) _______ (lengths), (v) _______ (“BlackcAcre”) and (vi) _______ (acreage)
(i) natural; (ii) artificial; (iii) courses; (iv) distances; (v) names; (vi) quantity
A slow deposit of soil (new land) belongs to the land that (i) ______ the water; the sudden change in a (ii) ______ (avulsion) does not change ownership rights.
(i) abuts; (ii) watercourse
A deed will be reformed because of (i) ____ mistake, (ii) _____ error, or (iii) a unilateral mistake or misrepresentation.
(i) mutual; (ii) clerical
A deed to a (i) _______ person is void and conveys no title.
(i) dead
(ii) ________ is the grantor’s intention to make a deed presently effective, even if possession is postponed. It can be manual, notarized by the grantor, recorded, etc.
(ii) delivery
Ability to revoke shows no intention to deliver. So, if a grantor signs a deed but does not deliver it during his (i) ______, no title passes. But, a properly executed and delivered deed that states that title will not pass until the grantor’s death is valid as a future interest in the grantee.
(i) lifetime
If a grantor gives a deed to a third party in trust for the grantee, there is (i) ______. If it’s just a transfer to a third party who is an agent (with no instructions), delivery fails
Delivery.
A donative deed with a condition can be revoked (like a gift), but a donative deed where the only condition is death will not be (i) _________
(i) revocable
The general warranty deed includes the covenants of (i) ________ (grantor is the actual owner of the estate she purports to convey, having title and possession at the time of the transfer), (ii) _____ to ______ (authority to make the transfer, title alone satisfies); (iii) against _________ (no physical or title encroachments); (iv) for _________ enjoyment (no disturbance by a 3d party’s lawful claim of title); (v) ____________ (defend against reasonable claims of title by 3d parties and pay expenses and losses), and (vi) further __________ (act to perfect title in the future).
(i) seisin; (ii) right to convey; (iii) encumbrances; (iv) quiet; (v) warranty; (vi) assurances
The covenants of Seisin, Right to Convey, and Against Encumbrances are all breached, if at all, at the (i) _______.
(i) conveyance
If a subsequent grantee is sued for a lawful title claim, he may sue (i) _____ up the line
(i) anyone
A special warranty deed is a warranty deed, except that it only guarantees against claims that arises under the (i) ______-
(i) grantor
A quitclaim deed released whatever (i) _____ the grantor has, and there are not covenants of title included or implied.
(i) interest
If a grantor purports to convey property she does not then own, and subsequently acquires title to the property, the property will automatically inure to the (i) ______. This is estoppel by deed.
(i) grantee
Under a (i) _______ statute, a subsequent BFP prevails over a prior grantee who failed to (ii) _______ (if the BFP had no actual or constructive notice at the time of conveyance).
(i) notice; (ii) record
Under a (i) ____-_______ statute, a BFP is protected only if she takes the property without notice (actual or constructive) and records before the prior grantee.
(i) race notice
Under a (i) _____ statute, whoever records first wins. Notice is irrelevant.
(i) race
Only BFPS are protected by claims of a prior transferred. To be a BFP, a person must be a purchaser (for value), without (ii) _______ (actual, constructive, or inquiry)
(ii) notice
Donees, heirs, and devisees are (i) _______ protected by recording statutes, because they do not give value
(i) not
Generally, a judgment lien is (i) _____ protected by the recording statute against a prior, unrecorded conveyance
(i) not
A person who takes from a BFP will prevail against any interest if the BFP would have prevailed, even if the transfer had (i) _______- notice of the prior problem. But not if the transferee held prior, bad title (cannot launder title)
(i) actual
A (i) ____ deed is not in the chain of title, and does not give (ii) ______ notice, because a subsequent purchaser would not find it.
(i) wild; (ii) constructive
A BFP is protected by the recording statute only from the time (i) _______ is paid
Consideration
Ademption of a real property gift does not occur if the property was under (i) _______ at the time of the testator’s death, or if the property was subsequently sold by an (ii) _______. In this case, the devisee gets the monetary value.
(i) contract; (ii) executor / administrator
In common law, the will would pay off any liens on a property gift. Majority view now is that the will must be (i) _____ to do so.
(i) express
If a property grantee signs an (i) _______ agreement, he becomes primarily liable to the lender, while the original mortgagor is a secondary liable as a (ii) ________. The Mortgagee may ope to sue either the grantee or the original mortgagor. If there is no assumption, the grantee is not (iii) _____ liable the loan, though it can still be foreclosed.
(i) assumption; (ii) surety; (iii) personally
At any time prior to foreclosure, the mortgagor may redeem the property by paying the amount (i) ____. This is called (ii) ______ in equity. The right to redeem cannot be waived in the mortgage.
(i) due; (ii) redemption
About half states allow for (i) ________ redemption, which gives the mortgagor roughly six months to redeem the property (ii) _______ the foreclosure sale.
(i) statutory; (ii) after
Priority of of mortgages is based on chronology and notice. But, priority can be changed by (i) ______ to record, (ii) _________ between a junior and senior mortgagee, (iii) a _____-money mortgage takes priority, (iv) the ________ of a senior mortgage will reset the clock; if a past mortagee grants future (v) _______, those advances are below other junior liens (if junior liens are noticed); and (vi) __________ (a senior mortgage is refinanced with a new mortgage)
(i) failure; (ii) consent; (iii) purchase-money; (iv) modification; (v) advances; (vi) subrogation
Between two purchase-money mortgages, the (i) _____ has priority over (ii) _____ parties
(i) seller; (ii) third
If an owner damages his neighbors natural land in excavation, it’s (i) _____ liability. But damage to a building via excavation must be shown through (ii) ______.
(i) strict; (ii) negligence
Under the (i) ________ water doctrine, water belongs to those who own the land that borders the water. Under the prior (ii) ______ doctrine, individuals acquire rights through use.
(i) riparian; (ii) appropriation
(i) _______ zoning creates a hierarchy of land-uses. Land that is zoned for a particular purpose may be used for the stated purpose or any higher use. Under (ii) ________ zoning, the land must be used for the purpose for which it is zoned.
(i) cumulative; (ii) noncumulative
A use that exists at the time of a passage of a zoning ordinance and that does not confirm cannot be eliminated at once. It cannot be substantial (i) ______, but the owner may make reasonable (ii) ________.
(i) changes; (ii) repairs
A (i) _____ use permit is required even where use is allowed, for special types of businesses (e.g., hospital)
(i) special
A (i) _________ is a departure from there literal restrictions of zoning, granted by administrative action
(i) variance
Zoning ordinances are generally invalid if they have no reasonable relation to public (i) _______, are too (ii) ________, and are discriminatory as to a particularly parcel, are beyond the state’s authority, violate due process, or are (iii) ________ discriminatory.
(i) welfare; (ii) restrictive; (iii) racially
