Property

Question 1

Tenants by the entirety

Answer 1

When property is conveyed to a Husband and Wife during their marriage, it is presumed to be a tenancy by the entirety.

Question 2

What are the unities of tenancy by the entirety?

Answer 2

Time, title, Interest, possession, and marriage

Question 3

Conveyance of a tenancy by the entirety?

Answer 3

Neither spouse can convey the property without jointer of the spouse

Question 4

Joint tenants with right of survivorship

Answer 4

Joint tenants with right of survivorship requires express language of survivorship.

Question 5

What are the unities of JTROS?

Answer 5

Time, title, Interest, possession

Question 6

What severs Joint tenancy with right of survivorship?

Answer 6

Anything other than death! Except mortgages because Florida is a lien theory state.

Question 7

Tenancy in common

Answer 7

A conveyance to two or more people without express words of survivorship is presumed in Florida to be a tenancy in common.

Question 8

Unities of tenancy in common?

Answer 8

Only unity is possession and interest is freely conveyable

Question 9

Conveyance of interest in JTROS?

Answer 9

Interest is freely conveyable but once you do it, you sever joint tenancy and the new individual now has a tenancy in common with the remaining Joint tenants.

Question 10

Requirements of a land Sale contract

Answer 10

Must be:
① in writing
② Identify the party to be charged
③ Essential terms (identify grantor/grantee, land, and price)
④ Conditions, if any.

Question 11

Equitable conversion

Answer 11

Under the doctrine of equitable conversion, the buyer of property in a contract is the owner for all purposes.

Question 12

Marketable title

Answer 12

The seller of property has an implied contractual duty to deliver title reasonably free of litigation risks.

Question 13

When can marketable title be breached?

Answer 13

Only at closing!

Question 14

Elements of a valid deed

Answer 14

Must be:
① in writing;
② signed by the grantor;
③ identify the grantor and grantee;
④ identify the land;
⑤ Florida requires two witnesses.

Question 15

What is required for a deed to be transferred?

Answer 15

1) Present intent by the grantor;
2) Valid deed;
3) Delivery.

Question 16

Does conveyance of property by a deed need to be recorded?

Answer 16

No! You just need intent, valid deed, and delivery.

Question 17

Warranty deeds - how many types? How many covenants are promised?

Answer 17

Two types and both promise 6 covenants

Question 18

What are the covenants in a warranty deed?

Answer 18

① Covenant of seisen: Grantor promises they own the property
② Covenant of right to convey
③ Covenant against encumbrances: Grantor promises there are no undisclosed third parties.
④ Covenant of quiet enjoyment: Grantor promises there is no one with superior title
⑤ Covenant of warranty: Grantor promises to pay to defend Grantee
⑥ Covenant of further assurances: Grantor promises to do anything to perfect the deed of any mistakes.

Question 19

Differences between covenants

Answer 19

Covenants of seisen, right to convey and against encumbrances are present covenants which means they can only be breached at the time of delivery of the deed.

Covenants of quiet enjoyment, warranty, and further assurances are future covenants and can only be breached once, and if, the grantee is dispossessed of the land.

Question 20

General warranty deed vs. Special warranty deed

Answer 20

General warranty deed is promising there have been no title defects going back in time.

Special warranty deed is promising there have been no title defects since they have owned the property.

Question 21

Quit claim deed

Answer 21

No covenants. You can only sue for fraud—but not on the deed because it promised nothing.

Question 22

Recording statute

Answer 22

The last bone fide purchaser for value without notice takes free of prior unrecorded interests.

Question 23

3 types of Notice

Answer 23

① actual: you were told;
② constructive: it was recorded;
③ inquiry: you could have taken reasonable steps to find out who owned the property

Question 24

Mortgage

Answer 24

An interest in property that serves as a security for debt.

Question 25

Right of redemption

Answer 25

When a debtor defaults, the debtor has a right to redeem the property and may pay off the loan at any time before the foreclosure sale.

Question 26

Easement en gross

Answer 26

There is one property that is personal to both users.

Question 27

Easement appurtenants

Answer 27

There are 2 properties. The dominant estate is benefitted by the easement and the servant estate is burdened by the easement. An appurtenant easement “runs with the land.”

Question 28

Implied easements

Answer 28

Created by operation of law

Question 29

Easement by necessity

Answer 29

Implied easement. It exists where there is a subdivision of property and it is reasonably necessary for ingress and egress of the property.

Question 30

Statutory easement by necessity

Answer 30

Florida rule. Even where there is no subdivision, the easement exists because it is necessary to get on and off the property.

Question 31

Easement by prescription

Answer 31

An easement by adverse possession. The holder must prove ① open and notorious; ② actual; ③ continuous use; that is ④ hostile to the rights the owner.

Question 32

Easement by prescription statute of limitations

Answer 32

20 years

Question 33

Termination of easements

Answer 33

① Merger: The dominant and servient estate are purchased by one person.
② Abandonment: Non-use of the easement + an intent to abandon. (Non-use alone is not enough)
③ Release: Dominant and servient estate have a written agreement to cease use of the easement (usually some sort of payment by the servient estate to the dominant estate)

Question 34

How long do easements last?

Answer 34

Forever! Unless they are terminated.

Question 35

Right of a party to an easement

Answer 35

Dominant estate has the right to reasonable use of the easement.

Question 36

What happens if an easement is abused? Aka, not used for its purpose or not used reasonably?

Answer 36

The dominant estate can be liable for surcharge of the easement.