Property

Question 1

What are the characteristics of a tenancy in common?

Answer 1

Freely transferable, no survivorship rights, partition

Question 2

4 unities of a joint tenancy

Answer 2

Time: must take interest at same time
Title: must receive conveyance through same instrument
Interest: must take equal and identical interests
Possession: equal possessory rights

Question 3

How is a tenancy by the entirety created?

Answer 3

by a conveyance to a married couple and requires same 4 unities as JT

Question 4

4 ways that a tenancy by the entirety can be severed

Answer 4

death of one, mutual agreement by parties in writing, issuance of divorce decree, execution by joint creditor

Question 5

landlord duties to tenants

Answer 5

duty to deliver possession
implied covenant of quiet enjoyment
implied warranty of habitability
tort liabilty

Question 6

Elements of Constructive eviction

Answer 6

substantial interference
notice
Goodbye (aka vacate)

Question 7

Duties of Tenant

Answer 7

duty to repair
duty to pay rent
duty to not use property for illegal purposes
liability to third parties

Question 8

Requirements for express easement

Answer 8

1. writing

2. signed by servient estate owner

Question 9

easement by prescription

Answer 9

Continuous
open and notorious
actual
hostile

Question 10

easement by implication

Answer 10

1. easement exists prior to division of single tract of land
2. common grantor’s use is continuous and apparent
3. use is reasonably necessary for enjoyment of the dominant tenement
4. parties intended the use to continue after division of the land

Question 11

easement by necessity

Answer 11

arises when access to or from a property is impossible without the easement

Question 12

negative easement categories

Answer 12

Light
Air
Support
Stream

Question 13

Requirements for burdens of covenant to run with the land

Answer 13

Writing 
Intent 
Touches and Concerns the land 
Horizontal Privity 
Notice

Question 14

Requirements of benefit to run with the land

Answer 14

Writing
Intent
Touches and concerns the land
Vertical Privity

Question 15

Requirements to create an equitable servitude

Answer 15

Writing (except for reciprocal negative servitudes implied from common scheme for development of a residential subdivision)
Intent
Touches and Concerns the land
Notice: successors of BURDENED LAND had notice (notice is not required for benefit to run)

Question 16

Defenses to enforcement of equitable servitudes

Answer 16

1. pervasive changes in neighborhood
2. estoppel
3. acquiescence
4. laches
5. Unclean Hands

Question 17

How are implied reciprocal servitudes created?

Answer 17

Common scheme

Notice

Question 18

title taken by adverse possession is not marketable unless:

Answer 18

there has been an action to quiet title

Question 19

co-tenants may not adversely possess each others’ interests unless:

Answer 19

ouster has occurred