Property

Question 1

Property Issues

Answer 1

(1) Conveyancing

(2) Landlord tenant.

(3) Concurrent estate.

(4) Covenants and servitudes.

Question 2

Adverse Possession

Answer 2

(1) open and notorious,

(2) actual and exclusive,

(3) hostile, and

(4) continuous for the statutory period.

Question 3

Estates in Land

Answer 3

(1) Fee Simple
(2) Life Estate
(3) Remainder
(4) Fee Simple Determination or Subject to Condition Subsequent
(5) Merger
(6) Class Gifts
(7) RAP
(8) Concurrent Estates

Question 4

Fee Simple

Answer 4

O to A, or O to A and his heirs

Question 5

Life Estate

Answer 5

Lasts for the duration of one or more lives.

Question 6

Remainder

Answer 6

Future interest created in a transferee that is capable of becoming a present interest when the other one terminates

Question 7

Vested Remainder

Answer 7

No conditions

Question 8

Contingent Remainder

Answer 8

Remainder must first fulfill a condition

To John, if he attains the age of 21.

Question 9

Fee Simple Determinable

Answer 9

Automatically terminates on the happening of a stated event and goes back to the grantor.

To A, “SO LONG AS” property is used as a …;

Question 10

Executory Interest

Answer 10

If a FSD or FSSCS is followed by estate to 3rd party, the 3rd party interest is an executory interest..

Question 11

Fee Simple Subject to Condition Subsequent

Answer 11

Estate where grantor retains power to terminate the estate of the grantee upon the happening of a specific event.

To A, “but if the property ceases to be used as a …”;

Question 12

Merger

Answer 12

If same person acquires the present and all future estates (e.g., life estate and remainder), they merge into fee title.

Question 13

Class Gifts

Answer 13

Gifts to defined groups.

Question 14

Rule of Perpetuities

Answer 14

A future interest must vest, if at all, within the lives in being plus 21 years.

Question 15

RAP application

Answer 15

(1) Contingent remainders,

(2) executory interests,

(3) class gifts,

(4) options and rights of first refusal, and

(5) powers of appointment.

Question 16

Concurrent Estates

Answer 16

(1) Joint tenancy

(2) Tenancy in Common

Question 17

Joint Tenancy

Answer 17

JTs MUST take their interest

(1) TIME

(2) TITLE (doc)

(3) IDENTICAL EQUAL interest (same type and duration of interest), and

(4) identical right to POSSESS in whole.

Includes Right of Survivorship

Question 18

Tenancy in Common

Answer 18

Two or more people own with no right to survivorship

Question 19

Severance of Joint Tenancy by Mortgage

Answer 19

Majority:
- Mortgage does not sever JT, Lender loses upon death

Minority:
- Mortgagee severs, become tenants in common

Question 20

Rights and Liabilities of Cotenants

Answer 20

(1) Possess

(2) Profit from use

(3) Pro-rata rent

(4) Necessary repairs

(5) No reimbursement for improvements

(6) Taxes & Mortgage

Question 21

Covenants

Answer 21

Binding promise regarding use of the land

Will ONLY bind successor if “runs with land”

Remedy: Damages. If equitable remedy, P needs to show equitable servitude.

Question 22

Equitable Servitude

Answer 22

Covenant that, regardless of whether it runs with land, equity will enforce with injunction or specific performance against those who have notice

Defense: Changed neighborhood conditions

Question 23

Implied Negative Reciprocal Servitude

Answer 23

No writing needed.

Prohibits certain uses, implied from common scheme of development and NOTICE of negative covenant.

Question 24

Burden of Covenant Running With Land

Answer 24

(1) WRITING
(2) an INTENT
(3) NOTICE (actual, constructive, or inquiry),
(4) HORIZONTAL privity [shared interest independent of the covenant]
(5) VERTICAL privity [must assign entire durational period]
(6) TOUCH & CONCERN

Question 25

Benefit of Covenant Running with Land

Answer 25

(1) WRITING

(2) INTENT

(3) VERTICAL Privity

(4) TOUCH & CONCERN

Question 26

Equitable Burden Running With Land

Answer 26

(1) Notice
(2) Intent
(3) TOUCH & CONCERN

Question 27

Equitable Benefit Running With Land

Answer 27

(1) Intent
(2) TOUCH & CONCERN

Question 28

Lateral Support

Answer 28

Damage to adjacent property from excavation

Strictly liable if excavation causes adjacent land in its natural state to subside. IF land with improvements, is strictly liable if the land would have subsided in natural state.

Otherwise -> Negligence

Question 29

Subjacent Support

Answer 29

Damage to property from subsurface mining or tunneling

Strictly liable if land or existing buildings collapse.

If subsequent buildings collapse, miner only liable if negligent in tunneling/mining.

Question 30

Water Rights

Answer 30

(1) Riparian
(2) Diffusion of Surface Water
(3) Groundwater

Question 31

Riparian Doctrine

Answer 31

Water belongs to those who OWN the land bordering the water course.

Owners may take water for all reasonable uses that don’t interfere with the uses of other owners.

Question 32

Contiguous Parcels

Answer 32

Majority: All lots owned by one are riparian if they are contiguous and border the watercourse

Minority: Riparian rights are limited to smallest tract owned by that owner

Question 33

Prior Appropriation Doctrine

Answer 33

Water belongs to the state, but the right to divert and use can be acquired by individual, whether or not riparian.

Rights are determined by priority of beneficial use.

Question 34

Surface Water

Answer 34

Water not confined to water courses, like rivers, lakes, rivers, etc.

Question 35

Rule of Reasonable Use

Answer 35

Owner may make reasonable use of land, even if it alters the flow of diffused water in a way that harms others.

Farmer diverts flood waters to protect her crops - ok even it they flow into another land

Question 36

Groundwater

Answer 36

(1) Underground: water flowing in a defined channel

(2) Percolating Groundwater: percolates up through the permeable subsurface layers