Property Flashcards
Equitable conversion
as soon as the contract is signed (but before closing)the
buyer’s interest is → equitable title/real property (the land he contracted to buy)
seller’s interest is → legal title/personal property (money he will get from the sale).
Risk of Loss under equitable conversion,
The risk of loss remains on the buyer even if the seller remains in possession and control of the land the
A deed must be
LEAD: lawfully executed and delivered.
To be valid execution, a deed must:
- identify the buyer and the seller,
- describe the land,
- contain words denoting a present intent to convey, and
- be signed by the grantor.
Delivery of Deed
is a question of intent to pass title presently.
Quitclaim Deed
The grantor gives no covenants (promises nothing) and the grantee gets whatever the grantor has. The grantee takes the land subject to a defect in the title, an undisclosed easement, or other problem, and has no recourse.
Warranty Deed
The grantor gives six covenants—three present covenants and three future covenants.
Future Covenants in a Warranty Deed
- Future Assurances
- Quiet Enjoyment
- Warranty Deed
Present Covenants in a Warranty Deed
- Seisen: I own
- Right to Convey
- No encumbrances: (i.e., there are no existing easements, liens, or encumbrances that are not stated in the deed)
Under common law, remote grantees can sue under only:
future (not present) covenants. However, note in your answer that some jurisdictions do not follow the common law rule.
Merger
on the closing date, the contract for sale merges into the deed, so at that point, the buyer can only sue on the deed.
Breach of the implied warranty of fitness and habitability:
A builder of new homes impliedly warrants to the buyer that the home is habitable and fit for its intended purposes. This warranty applies to defects that are discovered within a reasonable time and are due to the builder’s negligence or failure to do work in a workmanlike manner.
Common Law Rule before Notice Statutes
Under common law, a grantor can convey only those rights that the grantor had at the time of the conveyance. Thus, common law follows the first-in-time first-in-right principle.
Notice Statute
protect subsequent bona fide purchasers for value who take without notice of the earlier transaction. (E.g., “A conveyance of interest in land is not valid against any subsequent purchaser for value without notice unless it is recorded.”)
Last BFP takes!
Race Notice Statute
protect subsequent bona fide purchasers for value who take without notice and are the first to record. (E.g., “No conveyance of an interest in land is valid against any subsequent purchaser for value without notice unless it is first recorded.”)
First BFP takes!
Race Statue
protect subsequent purchasers who are first to record. (These are rare!)
Actual notice:
the grantee actually knows about the conveyance.
Inquiry notice:
examination of the land or reference in an instrument would lead a reasonable person to inquire.
Record Notice
The interest is recorded in the chain of title. Deeds that are recorded too late or too early are wild deeds. Wild deeds do not give notice.
Mortgagor’s Right to Transfer
A mortgagor (homeowner) can transfer title to the property. However, the mortgage will remain on the property and the mortgagor is still personally liable on the note.
Transferee who takes the land “subject to” the mortgage
not personally liable, the mortgagor is liable.
Transferee “assumes” the mortgage:
he is personally liable along with the original mortgagor
Novation
occurs if the initial mortgagor, the new transferee, and the mortgagee all agree that the mortgagor is no longer liable and the transferee assumes all of the mortgagor’s duties
Term for years lease:
a term for years lease specifies both a beginning date and an end date.