Property

Question 1

how to terminate an easement

Answer 1

END CRAMP
Estoppel
Necessity (end of the necessity)
Destruction of servient land 
Condemnation (eminent domain)
Release (written)
Abandonment (NOT just nonuse) 
Merger (of title)
Prescription

Question 2

Present covenants in a general warranty deed + SoL

Answer 2

-Seisin - grantor owns property
-Right to convey
-Against encumbrances ~ liens, servitudes
SoL: at delivery

Question 3

Future covenants in a deed

Answer 3

-quiet enjoyment: no 3P claims of title
-warranty: promise to defend grantee
-further assurances: promise to perfect grantee’s title
SoL: when disturbed

Question 4

Requirements for a covenant to run with land

Answer 4

WITHN

Writing
Intent to run
Touch & concern land
Horizontal + vertical privity
Notice

Question 5

Requirements for a burden to run with the land

Answer 5

WITV

Writing
Intent to run
Touch & Concern land
Vertical privity

Question 6

Requirements for an equitable servitude to run (Burden + Benefit)

Answer 6

WITN

Writing
Intent
Touch & Concern 
Notice 
**for a benefit: writing, intent, touch & concern

Question 7

Implied equitable servitude

Answer 7

1. scheme of development when sales began

2. D had notice of restriction

Question 8

Fee Simple Absolute

Answer 8

“To A” or “To A and his heirs”

Question 9

Fee Simple Determinable

Answer 9

“to A so long as…”

future interest = Possibility of Reverter

Question 10

Fee Simple subject to Condition Subsequent

Answer 10

Conditional language + grantor’s right to re-enter

Future interest = right of entry/power of termination

Question 11

Fee Simple subject to executory intereest

Answer 11

“to A, but if X, then to B”

Future interest: shifting executory interest

Question 12

Life Estate

Answer 12

“to A for life”

future interest: reversion to O or remainder in a 3P

Question 13

Types of remainders

Answer 13

Contingent: unborn/unascertained persons OR subject to a condition precedent 
Indefeasibly vested: certain to acquire in future
Vested subject to total divestment/complete defeasance: certain, but string is attached
Vested subject to open: class of takers is open

Question 14

Types of executory interests

Answer 14

Shifting: follows a defeasible fee, cuts short someone other than grantor
Springing: cuts short the grantor

Question 15

future interests in grantor

Answer 15

possibility of reverter
right of entry
reversion

Question 16

requirements to create a joint tenancy

Answer 16

T-TIP

same time, title, identical interests, right to possession

Question 17

Landlord’s options if tenant fails to pay rent and is in possession of premises vs. not

Answer 17

if in possession, may evict or sue for rent due
if not in possession (SIR) – may treat as a surrender of the lease, ignore the abandonment and hold T responsible for rent, relet

Question 18

elements of constructive eviction

Answer 18

SING

substantial interference
notice
goodbye (tenant must vacate)

Question 19

standard of IW habitability

Answer 19

the premises must be fit for human habitation

Question 20

tenant’s options on breach of implied warranty of habitability

Answer 20

M + 3Rs

move out
reduce or withhold rent
repair and deduct
remain in possession and seek damages

Question 21

fair housing act (coverage, exceptions, substantive provisions)

Answer 21

• covers discrimination based on race, color, religion, national origin, sex, disability, family status
• exemptions: (1) owner-occupied buildings with 4 or fewer units; (2) single-family homes from an owner who owns no more than three single-family homes
• major ban: refusing to sell/negotiate; different terms; falsely representing dwelling isn’t available
• prohibits ads indicating any preference/limitation (exemptions don’t apply to this; LL and publisher can be sued)

Question 22

Landlord’s exceptions to caveat lessee (5)

Answer 22

CLAPS

common areas
latent defects (duty to WARN)
assumption of repairs
public use rule ~ if a LL leases public space for short length + knows T won’t repair a defect, L
ST lease of furnished dwelling – any defect whether or not knew of the defect

Question 23

fixtures – rule for residential tenants

Answer 23

determine if a fixture based on whether party objectively intended to incorporate into the property: nature of addition, manner of attachment, damage if removed

Question 24

fixtures – rule for commercial tenants

Answer 24

a commercial tenant can remove all trade fixtures before the end of the lease
cannot remove accessions = structural additions to property

Question 25

impediments to marketable title

Answer 25

• any part of title based on AP
• encumbrances: mortgage, liens, restrictive covenants, options, easements
• -> NOT minor encroachment, visible/beneficial/known easements
• any zoning violations
• future interests in unborn/unascertained individuals

Question 26

seller’s liability for failure to disclose (land contracts)

Answer 26

• seller must know or have reason to know of a defect
• seller must know buyer is unlikely to discover the defect
• defect must be serious enough buyer would reconsider purchase

Question 27

what must be eliminated to give marketable title

Answer 27

1. any portion of title based on AP
2. encumbrances (mortgages, easements, but NOT beneficial easements visible or known to the buyer)
3. zoning violations
4. future interests by unborn/unascertained persons

Question 28

definition of touch and concern land

Answer 28

the promised performance must benefit the covenantee and their successors in their use and enjoyment of the benefited land

Question 29

deeds: when delivery is presumed

Answer 29

• grantee has possession
• grantee is handed the deed
• grantor acts in front of a notary
• deed is recorded

Question 30

recording statutes apply to vs. do not apply to

Answer 30

Apply to: deeds, express easements, mortgages

Don’t apply to: donees, heirs, devisees (unless shelter rule); judgment creditors; implied easements; easements by necessity; easements by prescription; adverse possession