Property

Question 1

Restrains on alientation

Answer 1

Absolute are void, reasonble are ok

Question 2

life tenant entitled to

Answer 2

all ordinary uses and profits (e.g., if someone is drililng for oil) on teh land
Can’t commit waste! - e.g., injures interest of remainderman or holder of reversion

Question 3

Waste

Answer 3

voluntary (affirmative)
permissive (negligent)
ameliorative: allowed to change only if future interest si not diminished AND remainderman do not object OR substantial & permanent change in neighborhood conditions

Question 4

Tenancy in the entirety

Answer 4

deed or mortgage executed by one spouse ineffective
can’t unilaterally transfer - going to be ineffective

Only death, divroce, mutual agreement, or execution by a joint creditor of both spouses can sever
divorce - tenancy in common

Question 5

tenants in common

Answer 5

must share net profits gained from explitation, rents

AP only if you ousted - if someone just willingly leave, AP will never apply

Question 6

Oral lease term of years that violates SoF (more than 1 year)

Answer 6

periodic tenancy, rent ;paid based on how its tendered

Question 7

Tenancy at will

Answer 7

To T for as long as L or T desires

Terminates by either party at any time (or by operation of law - e.g., deat, waetE)

Question 8

holdover

Answer 8

residential - mouth to mouth

commercial - if for term of years more than 1 year, year to year

Question 9

Implied covenant of quiet title

Answer 9

landlord cannot exclude tenant from property (lease terminated)
partial eviction by landlord relieves tenant from burden to pay
[rotects against paramoutn title holder
Constructive eviction: substantial interference, Notice, Goodbye

Question 10

Violation of IWH

Answer 10

Tenant can move out and terminate lease, repair and deduct from rent, reduce rent or withohold for court order, remain in possession and seek money damages

Question 11

if T2 breaches, T1 can take (Assignment)

Answer 11

does not defeat assignment

Question 12

Assignment of tenancy at will?

Answer 12

Not allowed! ends lease

same with landlord transering interest, renting to third person, committing waste

Question 13

landlord tort liability - CLAPS

Answer 13

common aras, latent defects (duty to warn)
assumption of repairs
public use rule
short-term lease of furnished dwelling

Question 14

Present covenants

Answer 14

Do not run with teh land to subsequent buyers!! so they can’t enforce (Owen, Abe, Bob)

Question 15

Adverse possession - exclusive possession

Answer 15

means not sharing with owner or public

Question 16

AP- open and notirious

Answer 16

puts owner on notice

Question 17

AP - hostile

Answer 17

without consent(does not matter if beelievs trespassing)

Question 18

AP - continuous

Answer 18

how owner would use proeprty

Question 19

Valid deed requirements

Answer 19

in writing 
sufficiently describe the land
identify the grantor and agrantee
evidence of intention to convey
signed by grantor 
sometimes grantee's name can be written in

Question 20

deed effective

Answer 20

on delivery and acceptance (which is presumed)

Recordation creates presumption of intent (delivery is a question of grantor’s intent!)

Question 21

no assignment/sublease provision

Answer 21

if only names one type, only that type presumed to not be allowed
if T transfers in violation, tarnsfer is NOT void, instead landlord can terminate lease or sue for damages

Question 22

Easement by implication

Answer 22

(1) pre-division use was apparant and continous AND parties expected use would continue

Question 23

Horizontal privity

Answer 23

grantor-grantee, landlord-tenant, mortgagor-ee

Question 24

verticle

Answer 24

non-histle nexis

Question 25

easements running - burden?

Answer 25

presumed, unless subsequent is a BFP without notice

Question 26

servitudes - writings?

Answer 26

ES (unless PIN); profits, and Covenants/ES (unless common scheme or development

Question 27

Deed requiremenst - land description

Answer 27

(1) land if not in deed, boid

Question 28

delivery

Answer 28

Did grantor have present intent to reliquish control

Question 29

deed closed if

Answer 29

writing describing property signed by grantor, delivered (intend to immdiately part with control)

Question 30

Mortgages

PMM

Answer 30

takes priority

Question 31

Mortgages

subordination agreement

Answer 31

these are valid!!

Question 32

WAiving right of redemption in equity

Answer 32

CANNOT BE WAIVED in mortgage or in security agreement itself!!

Question 33

BFP vs. AP

Answer 33

AP wins! recording acts do not protect against interests like implied easements, ap claims (Arise by operation of law)

Question 34

AP vs. life estate

Answer 34

AP wins but for life estate only

Question 35

AP vs. real covenants

Answer 35

if uses land in violation, of covenant, will get title free of it (even if they had knolwedge of it)
if uses land in conformity, will take subject to