Property

Question 1

Covenant of Seisin

Answer 1

A covenant of seisin is a covenant that the grantor has the estate or interest that she purports to convey. While the seller may have violated this covenant, it is not a basis to compel the seller to assist the buyer in a title suit (unlike the COVENANT OF WARRANTY and COVENANT OF FURTHER ASSURANCES).

Question 2

Profit Appurtenant

Answer 2

A profit is a nonpossessory interest in land that entitles the holder of the profit to enter on the servient tenement and take something off of the land (e.g., minerals, timber, oil, or game). Like an easement,, a profit may be appurtenant or gross. If the profit exists to serve the dominant estate, the profit is appurtenant and can only be transferred along with the dominant estate.

Question 3

Profit in Gross

Question 4

equitable servitude enforceability (elements)

Answer 4

an equitable servitude in a deed is only enforceable where a party can establish: (i) intent for the restriction to be enforceable by subsequent grantees; (ii) that the subsequent grantee had notice of the servitude; and (iii) the restriction touches and concerns the land.

Question 4

equitable servitude enforceability (elements)

Answer 4

an equitable servitude in a deed is only enforceable where a party can establish: (i) intent for the restriction to be enforceable by subsequent grantees; (ii) that the subsequent grantee had notice of the servitude; and (iii) the restriction touches and concerns the land.

Question 5

the “four unities”

Answer 5

time, title, possession, and interest

the four unities creates a joint tenancy, which can only be terminated in one of two ways: partition or by severance