Property

Question 1

Fee simple determinable

Answer 1

1. Terminates on happening of stated event and automatically reverts to grantor
2. Durational language: For so long as, while, during, until
3. “For purpose of” insufficient
4. Contains possibility of reverter

Question 2

Fee simple subject to condition subsequent

Answer 2

1. Grantor reserves right to terminate
2. Upon condition that, Provided that, but if, if it happens that
3. Right of entry

Question 3

Fee simple subject to an executory interest

Answer 3

1. Goes to a third party, not grantor

2. Terminates on stated event

Question 4

Fee tail

Answer 4

Limited to lineal heirs

Most jdx abolished- just fee simple

Question 5

Waste

Answer 5

1. Affirmative
2. Permissive
3. Ameliorative

Question 6

Affirmative waste

Answer 6

Exploitation of resources

Allowed when

1. Necessary for repair and maintenance
2. Land suitable only for such use
3. Permitted by grantor
4. Open mines doctrine- limited to mines already open

Question 7

Permissive waste

Answer 7

Life tenant obligated to

1. Preserve land and structures in a reasonable state of repair
2. Pay interest on mortgages (not principal)
3. Pay ordinary taxes on land
4. Pay special assessments of short duration

Question 8

Ameliorative waste

Answer 8

Change that benefits property
Couldnt in common law but now can if:
1. Market value is not diminished
2. Remaindermen do not object
3. Substantial and permanent change in neighborhood conditions has deprived current form of usefulness

Question 9

Indefeasibly vested remainder

Answer 9

1. Existing and ascertained person
2. Not subject to a condition precedent
3. Right to possession upon termination of previous estate
4. Not subject to divestment or diminution

Question 10

Vested remainder subject to open

Answer 10

1. In a class of persons

2. Subject to diminition

Question 11

Vested remainder subject to total divestment

Answer 11

1. Subject to a condition subsequent

Question 12

Contingent remainder

Answer 12

1. Created in unborn or unascertained persons

Or

2. Subject to a condition precedent

Question 13

Doctrine of worthier title

Answer 13

Remainder in grantor’s heirs is invalid and becomes a reversion in the grantor

Question 14

Executory interests

Answer 14

1. Future interests in third parties that

A. Divest a transferees preceding freehold estate( shifting)

B. Follow a gap in possession or cut short a grantor’s estate (springing)

Subject to RAP

Question 15

RAP invalidity

Answer 15

Destroys only offending interest rest is saved

Question 16

Restraints on alienation

Answer 16

1. Disabling restraints - attempted transfers are ineffective - void
2. Forfeiture restraints
3. Promissory restraints

Question 17

Restraints on fee simple

Answer 17

1. Absolute restraint is void

2. Partial restraints- upheld for limited time and reasonable purpose

Question 18

Joint tenancy with right if survivorship

Answer 18

1. Four unities
A. Time
B. Title
C. Interest
D. Posession

Question 19

Tenancy by the entirety

Answer 19

Marriage

Each spouse has undivided interest and right of survivorship

Question 20

Liens and mortgages on join tenancy

Answer 20

Dont sever survivorship until sol

Question 21

Exceptions to hold over doctrine

Answer 21

1. Few hours over
2. Few belongings left
3. Severe illness/ not tenants fault
4. Seasonal lease

Question 22

Constructive eviction

Answer 22

1. Landlord breached duty to tenant
2. Substantially and materially deprived tenant of use and enjoyment of premises
3. Gave landlord notice and reasonable time to repair
4. Tenant vacated premises

Question 23

Consequences of assignment

Answer 23

1. LL and assignee in privity of estate- liable for rights and duties that run with land
2. LL and tenant still in privity of contract
   But not estate- remains liable for rent
3. Tenant can sue assignee for rent because privity of contract

Question 24

Consequences of sublease

Answer 24

1. Time left after sublease
2. Sublessee not liable to landlord
3. Tenant still liable to landlord
4. Sublessee only right from LL is habitability, not lease provisions

Question 25

Landlord tort liability

Answer 25

``` A. Concealed dangerous condition B. Common areas C. Public use- knows of condition, knows public may come, doesnt repair D. Furnished short term residence E. Negligent repairs F. Contracts to repair ```

Question 26

Easement appurtenant

Answer 26

Benefits holder in his use of another tract of land

Question 27

Easement in gross

Answer 27

Right to use independent of another tract of land

Question 28

Easement by implication

Answer 28

1. Former single tract 2. Apparent and continuous use 3. Reasonably necessary for dominant land 4. Court determines parties intended to use after division of land

Question 29

Easement by prescription (adverse)

Answer 29

1. Open and notorious 2. Adverse 3. Continuous 4. For statutory period

Question 30

Termination of easements

Answer 30

1. Stares conditions 2. Merger of parcels 3. Release 4. Abandonment- requires affirmative act 5. Estoppel 6. Prescription- for statutory period 7. End of necessity 8. Condemnation/ destruction of servient estate

Question 31

Real covenant burdens

Answer 31

1. Requirements for burden to run A. Intent to bind successors B. Notice( only to BFP) C. Horizontal privity- shared interest in land of covenantors D. Vertical privity - successor must hold entire durational interest held by covenantor at time he made covenant E. Touch and concern the land Remedy damages

Question 32

Real covenant benefits

Answer 32

1. Intent that successors can enforce 2. Vertical privity- any succeeding possessory estate may enforce the benefit 3. Touch and concern Remedy damages

Question 33

Equitable servitude

Answer 33

Enforceable against assignees of burdened land with notice Enforced by injunction Requirements for burden to run 1. Covenanting parties intended to bind 2. Actual inquiry or record notice 3. Touches and concerns land Requirements for benefit 1. Covenanting party intent 2. Touches and concerns benefited property

Question 34

Adverse possession

Answer 34

1. Exclusive 2. Continuous 3. Hostile 4. Open and notorious 5. 6. Statutory period

Question 35

UnMarketable title

Answer 35

1. Adverse possession 2. Future interest held in another party 3. Encumbrances 4. Zoning restrictions

Question 36

Deed formality

Answer 36

1. In writing 2. Signed by grantor 3. Reasonably identify parties 4. Reasonably identify land

Question 37

Deed requirments

Answer 37

1. Present intent to make deed 2. Delivery 3. Acceptance

Question 38

General warranty deed covenants

Answer 38

Covenant: 1. Seisin - title and possession 2. Right to convey - title 3. Against encumbrances 4. Quiet enjoyment 5. Warranty 6. Further assurances

Question 39

Equitable redemption

Answer 39

Any time prior to foreclosure sale may pay amount due

Question 40

Statutory redemption

Answer 40

Redeem for some fixed period after foreclosure sale