Property

Question 1

3 types of concurrent estates

Answer 1

joint tenancy
tenancy by entirety
tenancy in common

Question 2

How to form a joint tenancy- 4 unities

Answer 2

same time, same title, equal interests, right to possess whole

Question 3

3 types of waste

Answer 3

voluntary, permissive, ameliorative

Question 4

Which types of concurrent estates have right of survivorship?

Answer 4

joint tenancy and tenancy by entirety

NOT tenancy in common

Question 5

4 types of leasehold estates

Answer 5

tenancy for years- fixed period
periodic tenancy-renews at intervals
tenancy at will-no fixed duration
tenancy at sufferance-wrongfully holding over

Question 6

constructive eviction

Answer 6

1. substantial interference that is chronic
2. notice
3. vacating

Question 7

implied warranty of habitability- 4 options

Answer 7

1. vacate and terminate
2. repair and deduct
3. reduce or withhold rent
4. remain and seek damages

Question 8

types of easements

Answer 8

1. affirmative
2. negative
3. appurtenant
4. in gross

Question 9

how to create easement- 4 ways

Answer 9

1. writing
2. implied
3. necessity
4. adverse possession

Question 10

how to terminate an easement- diff ways

Answer 10

estoppel
necessity ends
destruction
release
abandonment
merger
adverse possession

Question 11

covenants run with the land only if:

Answer 11

requirements for burden of the promise to run- writing, intent, touch and concern, horizontal and vertical privity, notice

requirements for benefits of the promise to run- writing, intent, touch and concern, vertical privity

Question 12

equitable servitude - creation

Answer 12

writing, intent, touch and concern, notice

or

common scheme- actual, inquiry, or record

Question 13

adverse possession

Answer 13

continuous, open and notorious, actual and exclusive, hostile, for relevant period, without being ousted

Question 14

3 types of deeds

Answer 14

1. quitclaim
2. general warranty
3. special warranty

Question 15

6 promises in a deed

Answer 15

1. ownership
2. right to convey
3. no encumbrances
4. quiet enjoyment of title
5. warranty against future claims
6. further assurances to perfect surprises

Question 16

3 types of recording statutes

Answer 16

1. race- first in time
2. notice- last BFP
3. race-notice -first BFP

Question 17

BFP

Answer 17

no knowledge of prior conveyance, gives valuable consideration

Question 18

3 types of estates

Answer 18

1. fee simple absolute
2. defeasible fee
3. life estate

Question 19

3 types of defeasible fee estates

Answer 19

1. fee simple determinable
2. fee simple subject to condition precedent
3. fee simple subject to executory interest

Question 20

3 types of future interests created by grantor

Answer 20

1. possibility of reverter
2. right of entry
3. reversion

Question 21

3 types of future interests created by 3rd parties

Answer 21

1. contingent remainder
2. vested remainder
3. executory interest