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CA BAR SLAP DOWNS > Property > Flashcards

Property Flashcards

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1
Q

Joint Tenancy with Right of Survivorship

A

JT with ROS is not descendible, devisable, or alienable. However, it can be severed by partition, operation of law, or mortgage in some states.

Created by TTIP

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2
Q

Valid Deed

A

A valid deed requires lawful execution and delivery. It identifies the property, adequately describes the property, and the person had the present intent to deliver the deed.

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3
Q

Tenancy in Common

A

A TIC is an undivided interest in the property where each tenant has a right to possession as a whole.

Can be result of severed JT

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4
Q

Quitclaim Deed

A

A quitclaim deed provides no guarantees except the implied promise of marketable title.

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5
Q

Race-Notice Jdx

A

A race-notice recording statute requires that the first bonafide purchaser, without notice, to record their deed will prevail

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6
Q

Bonafide Purchaser

A

A BFP is a good faith purchaser for value. Amount you spent is irrelevant, as long as you actually purchased.

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7
Q

Notice

A

Notice requires actual, record, or inquiry

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8
Q

Actual Notice

A

Actual notice requires that the grantee receive notice either expressly or impliedly prior to conveyance either by statement or conduct

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9
Q

Record Notice

A

Record notice requires that the person who had the property actually recorded and the buyer would have been put on notice had they checked

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10
Q

Inquiry Notice

A

Inquiry notice requires that the person would be able to tell by looking around the property that someone else owns the land or has an interest in it

Usually something obvious like physically residing on it

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11
Q

Tenancy of Years

A

a TFY is a lease for a specified period of time. While it may last for less than a year, if it’s more than 1 year it has to be in writing, per SOF

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12
Q

Assignment

A

An assignment is a total transfer of interest in property

Assignee is in privity of land with LL and the assignor remains in privity of contract with the LL

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13
Q

Privity of Land

A

Privity of land means that it is the assignees responsibility to uphold all the implied covenants as well as any other covenants in the land

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14
Q

Covenant

A

A covenant is a promise to do or to refrain from doing something in regards to land

Can be affirmative or negative

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15
Q

Affirmative Covenant

A

Requires a person to actually do something

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16
Q

Breach of Covenant

A

In order to see if the party breached a covenant, one must see if the burden runs with the land

For a burden to run, the covenant needed to be in writing, with the intent to run with the land, the covenant must touch and concern the land, must have privity (horizontal and vertical), and notice

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17
Q

Touch and Concern

A

The covenant must impact the party’s use and enjoyment of the land

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18
Q

Joint Tenants

A

JTs have a right of survivorship and is established by the four unities: title, time, interest, possession

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19
Q

JT - Title

A

JTs must establish title on the same instrument

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20
Q

JT - Time

A

JTs must take title at the same time

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21
Q

JT - Interest

A

Both must have an undivided interest in the property

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22
Q

JT - Possession

A

Both tenants must have equal possession to the property

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23
Q

Fee Simple Determinable

A

A FSD is when the conveyance is made but may be automatically terminated at the occurrence of a stated event

Upon the stated event,it will automatically go back to the grantor who holds a reverter

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24
Q

Fee Simple Absolute

A

A fee simple absolute is an unrestricted ownership of property that lasts indefinitely

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25
Q

Severing a JT Restriction of Conveyance

A

The court has a policy concern that a restriction on conveyance of property for an indefinite period of time puts a restraint on alienation

Courts do not like properties to be held to the point that you cannot freely transfer the property to another

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26
Q

Tenants in Common

A

A TIC has equal access to the property and each owns a dividend share. There is no right to survivorship and each tenant has the right to the entire property and each tenant’s portion can be sold or devised

Each take 1/3 or 1/2 or 1/4

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27
Q

Possibility of Reverter

A

Reverter is a future interest that will automatically vest upon the happening of an event in the previous FSD

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28
Q

Tenancy for Years

A

A tenancy for years is a lease for a specified period of time

More than 1 year = has to be in writing

Has right to possession and must pay rent

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29
Q

Holdover Tenant

A

A holdover tenant is a person who was in lawful possession but at the end of the lease remains on the property and does not pay rent

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30
Q

Periodic Tenancy

A

A periodic tenancy is when a tenant pays rent on a per period basis and must give notice to terminate the tenancy which must be the length of time of the period rent is paid

31
Q

Accounting and Contribution between TIC

A

An accounting between TIC may be requested when there is rent being paid by a TP

Rent received may be shared equally between TIC

32
Q

Easement

A

An easement is the right of a part to use or refrain from using a part of the land.

Affirmative: allows someone to use land

Negative: asks to refrain from using the land

33
Q

4 Types of Easements

A

Express, Implied, Necessity, Prescription

34
Q

Express Easement

A

An express easement has two types: by grant or reservation, and can be written or verbal.

35
Q

Transfer of Servient Estate

A

When an easement is created, the burdened land is called the servient estate, and the benefitting land is called the dominant estate.

When servient estate is transferred, easement stays unless transferred to a BFP without notice

36
Q

Easement appurtenant

A

When there are two lands and one tries to benefit over the other

37
Q

Easement in gross

A

There is one land and it is the servient estate

38
Q

Notice: express/record/inquiry

A

Express: easement is mentioned

Record: notice on the record

Inquiry: known by asking questions or observation

39
Q

Land Sale Ks

A

LSK should satisfy the statute of frauds

40
Q

Marketable Title

A

Title should be free of invalid zoning, easements, encumbrances, mortgages, assessments and invalid covenants

41
Q

Merger

A

once the k enters escrow, everything on the land is accepted as is and the buyer may not sue for defects under warranties that are given

42
Q

Present Covenants

A

Includes covenant of seisin (ownership of land), encumbrances and conveyances, future covenants, including warranties, assurance and quality title

43
Q

Types of deeds a seller may issue

A

General Warranty: ensures all of present covenant claims

Special Warranty: covers only title defects

Quit Claim: does not warranty any defects

44
Q

Recording Acts

A

First to record
Last BFP
First BFP to record

45
Q

5A Takings Clause

A

Allows the government to take private property for public use as long as they provide just compensation

46
Q

Actual Taking

A

Gov deprives the plaintiff of all economic and physical use of the property

47
Q

Partial Taking

A

Gov has only condemned part of the property

48
Q

Just Compensation

A

Depends on what type of taking occurred

Actual: property owner entitled to FMV of property at time of taking

Partial: property owner only entitled to the proportion of what was taken at the time of the taking

49
Q

Tenant Duties

A

Duty to pay rent, tend to normal repairs of the unit, and avoid waste

In the event of failing to pay rent, LL may initiate judicial proceedings to evict, do noting, or allow lease to continue and sue for damages

50
Q

Tenant’s Surrender of a Lease

A

In a TFY, a tenant may surrender the remaining term of the lease upon agreeing w the landlord.

If a period of more than 1 year remains on the lease, surrender must be done in writing

51
Q

Tenant’s Abandonment of Lease

A

Where a tenant stops paying rent and vacates the unit, the tenant has deemed to have abandoned the lease

LL may sue for damages for unpaid amount and amount due on lease terms

52
Q

LL’s Duties

A

A LL has a duty to provide possession of the residence within the lease, make all necessary repairs within a reasonable amount of time, maintain timely responsiveness to a tenant’s concerns and requests for repairs

53
Q

Implied W of Habitability

A

A LL has an implied warranty that the LL must not fail to make a leased residence habitable for a tenant

In the event that the LL breaches, tenant can sue for damages, abate the rent or end the lease

54
Q

Covenant of Quiet Enjoyment

A

In every lease agreement. LL’s covenant to tenants that tenants will not live in uninhabitable conditions

55
Q

Adverse Possession

A

Property may be acquired by adverse possession if there is hostile possession without permission, open and obvious to others, actual possession, and continuous for the statutorily prescribed time

56
Q

Right to Contribution - Property Taxes

A

JT are jointly responsible for taxes owed on the property

One tenant can seek proportional recovery from the other tenants for property taxes that he has paid himself

57
Q

Rental Fees

A

WHen there is a JT or TIC and one tenant is in possession of the premises, income including rental fees earnedby one tenant can be revocered by the other tenants in proportion to their interest

58
Q

Tenant Duties

A

Tenants have a duty to pay rent, tend to normal repairs of the unit, and avoid waste

Failing to pay rent, a LL may initiate judicial proceedings to evict the T, do nothing, or allow the lease to continue and sue for damages

59
Q

Tenant’s Surrender of Lease

A

In a TFY, a tenant may surrender the remaining term of the lease upon agreeing with the LL

If at the time of surrender, a period of longer than a year remains on the lease, the surrender must be done in writing

60
Q

Tenant’s Abandonment of Lease

A

Where a tenant stops paying rent and vacates the unit, the tenant has deemed to have abandoned the lease

A LL may sue for damages for the unpaid amount as well as the remaining amount due

LL must mitigate

61
Q

Hold-over tenancy/tenancy at sufferance

A

When a T stays over the agreed-upon rental term, the tenancy becoems s tenancy at suffereance and the LL may choose to either evict the tenant or allow a periodic tenancy

62
Q

LL Duties

A

A LL has a duty to provide possession of the residence within the lease, make all necessary repairs within a reasonable amount of time, maintain timely responsiveness to a tenant’s concerns and requests for repairs

63
Q

Implied Warranty of Habitability

A

In urban settings, a LL has an implied warranty of habitability to not fail to male the leased residence habitable to the tenant

If the LL breaches this warranty, the LL may sue for damages, abate the rent if the LL fails to make repairs, or end the lease

64
Q

Covenant of Quiet Enjoyment

A

In every lease agreement, there is a covenant of quiet enjoyment. LLs promise that tenants will not live in uninhabitable conditions

Can be breached in the case of an actual or constructive eviction

65
Q

Nuisance

A

A nuisance is an interference with a person’s use and enjoyment of their home.

Public: person’s activities have een deemed by a locality or state to be a disrution to HSWM

66
Q

Conveyance of part of JT

A

Conveyance will sever the JT ad becomes TIC

67
Q

JT - Property Taxes

A

JTs are jointly responsible for property taxes. One tenant can seek proportional recovery from other tenants for property taxes that he has paid himself

68
Q

JT/TIC Rental Fees

A

When there is a JT or TIC and one tenant is in possession of the premises, income including rental fees earned by one tenant can be recovered by the other tenants in proportion to their interest

69
Q

Restraint on Alienation

A

A clause in the conveyance that prevents the recipient from selling or otherwise transferring

CL: void for public policy
Modernly: some allowed

70
Q

Severance of a JT

A

A JT may be severed when one tenant conveys her interest in the property. Once severed, the interest between the transferee and the remaining tenant converts to a tenancy in common (“TIC”).

71
Q

Rights to 3P Rents

A

A co-tenant must account to other co-tenants for rent received from third parties. Each tenant is entitled to an amount of the rents proportionate to his ownership interest.

72
Q

Right to Lateral Support

A

Ira has the right to have his land supported in its natural state by the adjoining land. There are two basis for a right to lateral support cause of action: Strict Liability and Negligence.

73
Q

Strict Liability Theory

Right to Lateral Support

A

An adjacent landowner is strictly liable for damages to buildings caused by excavation only if it is shown that the land would have collapsed in its natural state.

Example: In other words, Donna, as the adjacent landowner whose property was undergoing construction, will be strictly liable for not supporting the land in its natural state if the land would have subsided without the improvements.

CA BAR SLAP DOWNS (16 decks)

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