Property

Question 1

Deeds must: (5 elements)

Answer 1

(1) be in writing, (2) sufficiently describe land, (3) ID g/or and g/ee, (4) evidence intent to convey land and (5) by signed by g/or

Question 2

Invalid deed =

Answer 2

hostile possession bc they are claiming rights superior to that of the true owner.

Question 3

Shelter Rule

Answer 3

means subsequent buyer even if not BFP is entitled to use the predecessor’s BFP status as their own.

Question 4

Joint Tenancy

CL:
Modern Law:

Answer 4

Common law JT: needs TTip title, time, interest, possession
Modern Law: JT results only when right of survivorship clearly expressed

Question 5

Mortgage in lien and title theory states

Answer 5

A mortgage is a conveyance in title theory state and lien in lien theory state

Question 6

A mortgage severs JT in lien? in title?

Answer 6

A mortgage severs JT only if it’s in a title theory state.
In a lien theory state a mortgage severs JT only if it is foreclosed and the property is sold.

Question 7

If seller dies before closing

Answer 7

purchaser gets deed and becomes tenant in common. (TIC)

Question 8

If seller dies,

Answer 8

takers of her real property must transfer title at closing.

Question 9

When is JT severed?

Answer 9

When 1 JT executes a valid K to convey her interest to another the JT has been severed. Bc the K to convey is enforceable in equity so it’s treated as an effect transfer of equitable interest.

Question 10

1. A fee simple subject to a condition subsequent is created when
2. What happens then?

Answer 10

1. A fee simple subject to a condition subsequent is created when the grantor retains power to terminate the estate of the grantee upon the happening of a specified event.
2. Upon the happening of the event stated in the conveyance, the estate of the grantee continues until the grantor exercises his power of termination (right of entry) by bringing suit or making reentry.

Question 11

How do you reserve a right of entry?

Answer 11

• Generally, the grantor must expressly reserve the right of entry; this retained interest does not automatically arise.
• The following words are usually held to create conditions subsequent: “upon condition that,” “provided that,” “but if” and “if it happens that.”

Question 12

What is a fee simple determinable?

Answer 12

1. A fee simple determinable is an estate that automatically terminates on the happening of a stated event and goes back (reverts) to the grantor.
2. It is created by the use of durational, adverbial, language, such as “for so long as,” “while” “during” or “until.”
3. The grantee takes the land subject to the termination of the estate by the happening of the event.

Question 13

Can future interests pass at death?

Answer 13

Future interests can pass at death by will or inheritance unless an interest’s taking is subject to an express or implied contingency of survival.

Question 14

What is the general policy of courts regarding estates?

Answer 14

• The general policy of courts is to avoid forfeiture of estates.
• Thus where terms of a conveyance are ambiguous there is a presumption in favor of the fee simple subject to condition subsequent because forfeiture is not automatic.

Question 15

What are notice statutes?

Answer 15

Notice statutes mean that a subsequent BFP takes the property free of prior interests.

• The subsequent purchaser must pay valuable consideration and show that he:
• did not actually know of any prior conveyance (actual notice),
• did not have notice from a properly recorded deed (record notice), and
• did not have notice of whatever a reasonable inquiry- such as an inspection of the premises- would have revealed (inquiry notice).

Question 16

What is the covenant against encumbrances?

Answer 16

The covenant against encumbrances assures that there are no visible encumbrances (easements, servitudes, etc.) nor invisible encumbrances (mortgages, etc.) against the title or interest conveyed.

Question 17

What type of covenant is a covenant against encumbrances? (and when is it breached?)

Answer 17

This is a present covenant and is breached, if at all, at the time of conveyance.

Question 18

What does it mean for a covenant to “run with the land?”

Answer 18

If a covenant for title can be enforced against the covenator by a transferee of the covenatee, it is said to “run with the land.”

The majority rule is that present covenants do not run with the land and cannot be enforced by remote grantees.

Question 19

Covenants: In jurisdictions that do not follow the majority rule…

Answer 19

In jurisdictions that do not follow the majority rule, a remote grantee may sue on the covenant against encumbrances unless the grantee had notice of the encumbrance.

Question 20

what is required for a valid deed? [5]

Answer 20

• For a deed to be valid it must:
  
  • be in writing
  • sufficiently describe the land
  • identify the grantor and grantee
  • evidence an intention to convey the land, and
  • be signed by the grantor
• parties may be identified by name or by describing them in some other way
• if grantee’s name is left blank, some courts presume that the person taking delivery has the authority to do so, and if they do, the deed is valid

Question 21

how is title by adverse possession established? [COAH]

Answer 21

• to establish title by adverse possession, the possession must be:
  
  • actual and exclusive
  • open and notorious
  • adverse [hostile]
  • and continuous throughout the statutory period
• exclusive means not sharing possession with the true owner or the general public
• possession is open and notorious when it is such as the usual owner would make of the land is sufficient to put the true owner on notice
• possession is hostile when it’s without owner’s consent [doesn’t matter if possessor believes the land is theirs or knows they’re trespassing]
• in most states, the payment of property taxes is not required to establish title by adverse possession BUT it’s good evidence of a claim of right

Question 22

the effect of interests arising by operation of law [i.e., title by adverse possession] on superiority/priority of title

Answer 22

subsequent purchasers are NOT protected by recording acts against, and thus take subject to, interests that arise by operation of law [adverse possessor would have superior claim over BFP]

Question 23

What is required for adverse possession? COAH

Answer 23

To establish title by adverse possession, the possessor must show that possession was continuous, open and notorious, actual and exclusive, and hostile. To have actual possession the possessor must physically occupy the property; designed to give the true owner notice of the extent of possessors claim. Possession is open in notorious when it’s the kind of use the usual owner would make of the land. Possession is hostile if the possessor does not have permission to occupy the land. 

Question 24

When may periods of adverse possession be tacked together?

Answer 24

Separate periods of adverse possession maybe talk together to make up the full statutory period Provided there is privaty between the success adverse holders. Privity is satisfied if the subsequence possessor takes by dissent by device or by deed per ing to convey title

Question 25

What is the doctrine of constructive adverse possession?

Answer 25

The general rule is that the adverse possessor gains title only to the land they occupy. However actual possession of a portion of a unitary tractive land is sufficient adverse possession to give title to the whole as long as there is a reasonable proportion between the portions actually possessed in the whole and the possessor has color of title to the whole. Color of title is a document that reports to give title but for reasons not a parent from its face does not.

Question 26

Warranty deed: what are the 3 present covenants?

Answer 26

1. Seisin, which warrants that the grantor owns the property they purport to convey. 2. Covenant of the right to convey, which is a covenant that the grand tour has the power and authority to make the grant. 3. Covenant against encumbrances, which is a covenant assuring that there are no physical (easements, profits, etc) or invisible (mortgages, etc) encumbrances against the title or interest conveyed.

Question 27

What is the doctrine of merger?

Answer 27

Once closing occurs, the contract emerges with the deed and any promises in the contract concerning title that aren’t also in the deed are extinguished.