Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Exam > property > Flashcards

property Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

what is an affirmative easement

A

A right to do something on someone else’s land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is an easement

A

right held by one person to make use of another’s land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

requirements for easement by necessity

A

1.both estates were commonly owned then severed and one became useless w/o the easement
2. 2nd property is completely landlocked with no road access

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what can the holder of an easement do to end the easement

A

Expressly release it in writing (to comply with SOF) Or abandonment - but that requires more than non use- need non use plus an act to abandon. Must show clear intent to relinquish the easement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does the burden of the covenant refer to

A

the party subject to the covenant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is horizontal privity for a covenant

A

If the original parties made a transfer of property and created the covenant at the same time
Need horizontal privity for the burden of the covenant to run

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is vertical privity

A

relation b/ original party to agreement and successor. For Burden to run, need strict vertical privity- must give your entire fee simple estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is the remedy for the breach of a real covenant

A

money damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a profit

A

Going on land of another to remove natural resource: timber, oil, minerals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is a license

A

Revocable permission to use another’s land. Ie plumber in your house

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a vested remainder subject to open

A

A class gift where at least one member is known

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a contingent remainder

A

the remainder is created in an unknown person OR it is subject to a condition that must happen before the grantee takes possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is the future interest for FSD

A

possibility of reversion or executory interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the future interest for Fee Simple subject to condition subsequent

A

right of re-entry (not automatic)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is future interest for Fee Simple subject to executory condition

A

executory interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

when can a tenant not pay rent

A
  1. destruction of premises Not caused by tenant or
  2. material breach of lease by LL- by breach of covenant of quiet enjoyment or breach of implied w of habitability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

2 types of executory interests

A
  1. springing- divests grantor. O–> C
  2. shifting, divests grantee when one condition happens. B–> C
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If tenant stays past end of lease what are LL’s options

A
  1. eviction
  2. bind holdover tenant to new periodic tenancy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What language is used to create Fee simple determinable

A

DURATIONAL- so long as, while, during

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what is ouster

A

When one co tenant refuses to let other co tenants onto the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What type of leases have the implied covenant of quiet enjoyment

A

All leases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Tenant remedies of LL breaches Warranty of Habitability

A

Refuse to pay rent
Fix the problem and subtract cost from rent
Defend against eviction action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is constructive eviction

A

LL breaches a duty to tenant that prevents tenant’s use of the home- i.e no water or heat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is a wild deed

A

Deed that wasn’t recorded properly so not within chain of title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is an option contract

A

One party acquires the right to purchase property for set period of time in exchange for $ consideration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the remedy for a breach of equitable servitude

A

injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is a novation

A

Agreement by landlord to release original tenant from liability after assignment or sublease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Landlord’s breach of housing codes is a breach of what warranty

A

implied warranty of habitability (only applies to residential)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

what is an easement appurtanent

A

An easement concerning the land- i.e giving right of pathway across your land to the beach.
Benefit will be transferred automatically

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is an easement in gross

A

A personal easement (people are gross)
Ex. right to use your neighbor’s pool.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What can sever JT

A

If one JT sells their interest in the land/house
Or in a title jurisdiction, if one JT grants a mortgage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

what is the doctrine of equitable conversion

A

after the buyer enters the contract for RE, they have equitable title so if the property is then destroyed, the buyer can not back out of the sale.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

what is estoppel by deed

A

if you sell property that you don’t own but THEN YOU LATER ACQUIRE it, then the buyer gets the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

what is a restraint on alienation

A

A clause saying you can never sell the land- court will strike this language and resort to FSA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

In a lien jurisdiction, what is the effect of a mortgage on JT

A

NO effect.
Lien jurisdiction is Majority rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

if mortgagor transfers property by sale, will or intestate succession, who is responsible for mortgage

A

mortgagor unless bank releases him or modifies obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

what does it mean to ASSUME the mortgage

A

New buyer is then liable ALONG WITH ORIGINAL MORTGAGOR upon default of the loan.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What happens if the new buyer takes the property subject to the mortgage

A

New buyer is NOT personally liable on default
If deed is silent= subject to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

In a lien theory state, when can a lender take possession on default?

A

after foreclosure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

In a title theory state, when can a lender take possession on default

A

anytime b/c lender holds title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

what is implied easement by ESTOPPEL

A

Starts with permissive use then continues. Neighbor makes improvements to easement then 1st neighbor withdraws permission.
Detrimental reliance by 2nd neighbor –> estoppel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

requirements for covenant to run with the land

A
  1. writing
  2. intent
  3. notice
    4.touch and concern
  4. for burden- horizontal and vertical privity
    for benefit- just vertical privity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

how is an equitable servitude different from a covenant

A

Equitable servitude doesn’t require privity and breach is injunctive relief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

what is implied reciprocal servitude

A

the “common plan” but not in writing- i.e all units in development painted white but nothing in your deed says that.
Need
1. intent
2. notice
3. negative restriction
4. common plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

how do you terminate an equitable servitude

A

merger, release, drastically changed circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

what is ademption

A

something in your will that you don’t own at the time of death
Ademption - give Away

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

what can a tenant do if the LL breaches the COVENANT OF QUIET ENJOYMENT (in all leases- commercial and residential)

A
  1. LL substantially interferes w/ T’s use and enjoyment of land- usually thru constructive eviction
  2. T gives notice, time to fix but LL doesn’t
  3. T MUST vacate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What types of tenants can unilaterally partition property

A

Tenants in Common or Joint Tenants. Not T in Entirety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

what effect does a conveyance by will of a joint tenant have

A

none, it is invalid.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What are the 4 unities required for joint tenancy

A

Possession, time, title, interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

4 types of landlord tenant estates

A

Tenancy of Years- known end date
Periodic tenancy
Tenancy at will
Tenancy at sufferane

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

what is attornment

A

tenant’s acknowledgement of new landlord, in writing or by paying rent to new person- “torn” by a new landlord

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

3 requirements in land sale contract to satisfy statute of frauds

A

in writing
signed by person to be charged
all essential terms- name of grantee, price, description

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

requirements for adverse possession

A

OCEAN: open and notorious, continuous, exclusive, actual, non-permissive (hostile)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

with right of re-entry, what happens if the grantor NEVER asserts the right to re enter the property

A

Whoever the grantor gave it to, keeps the property even if the condition ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

If while you are alive, you devise your house to someone in your will… and then you sell your house to someone else, who gets it?

A

The person you sold it to.

The part of your will where you devised it is extinguished

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

can you have a time limiting the right to redeem before foreclosure

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Can one party unilaterally change the location of an easement

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

If you sell a property as is, will that get rid of problems with the warranty of suitability- ie. construction issues?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

to be “hostile” for AP, can you mistakenly think it is your land

A

Yes. Just objectively intend to claim land as your own

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

what is spot zoning

A

Changing the zoning of just one house in an area. Generally impermissible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Will an intervivos transfer of a joint tenant’s property interest sever a joint tenancy?

A

YES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

will a conveyance by will by a joint tenant sever the joint tenant’s property interest

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Can a co- tenant get the timber/minerals/ oil of the land they share?

A

Yes, in proportion to ownership share

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

what is affirmative waste

A

Voluntary waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

what is permissive waste

A

failure to prevent, repair damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

What is ameliorative waste

A

Alterations to the property that may increase the property value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

if there is no mention of a recording act, what principle covers

A

First in time, first in right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

what type of statute is this an example of
“No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law”

A

Notice statute

70
Q

What is this “No conveyance or mortgage of real property shall be good against subsequent purchasers for value unless the same be first recorded according to law”

A

Race statute

71
Q

What is this “No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice who shall first record”

A

Race notice statute

72
Q

Who is NOT protected under a recording act

A

grantees who got the property thru devise/will, intestacy, or gift

73
Q

what is the doctrine of cy pres

A

If a charitable trust can no longer serve the purpose for which was created, the court can redirect the trust to a similar charity or purpose

74
Q

what does this create:
“ to a but if a is ever arrested, then to B”

A

Fee subject to executory interest

75
Q

What does this create?

“To a for so long as he practices law”

A

Fee simple determinable

76
Q

What does this create

“To A but if A gets married, then to B”

A

Fee simple subject to executory interest

77
Q

What does this create

To a but if he wins the lottery, grantor reserves the right to reenter and retake

A

Fee simple subject to condition subsequent

78
Q

What is the future interest in this
“To A for life”

A

Grantor has reversion when A dies

79
Q

What type of remainder is created
“to a for life then to B”

A

Indefeasibly vested remainder

80
Q

What type of remainder is created
“ to a for life, remainder to children of B and their heirs” B has one child

A

Vested remainder subject to open

81
Q

What type of remainder does this create

“to A for life, remainder to B but if B marries, then to C

A

Vested remainder subject to total divestment

82
Q

what type of remainder is this
““to A for life, then to B and his heirs when B gets married”

A

Contingent remainder. Grantor has reversion in case B is not married when A dies. If B gets married, he would have vested remainder

83
Q

To A for life then to A’s heirs

A

–> a has fee simple absolute (called Shelley’s Rule)

84
Q

O grants to A for life then to O’s heirs, what happens to remainder in O’s heirs

A

It is void under Doctrine of worthier title. A instead has life estate and O has reversion

85
Q

To A so long as the property is used for storage but if used for anything else then to B. What does B have

A

Shifting executory interest.
If A stops using the property for storage, A’s interest (not the grantor’s) is cut short

86
Q

To a, if and when he gets married- what does A have

A

A has executory interest. Grantor has fee simple subject to executory interest

87
Q

Do co-tenants have to contribute for improvements

A

No

88
Q

Is notice required to terminate a tenancy for years

A

NO, it automatically ends at the end of the fixed period

89
Q

Is notice required to terminate a tenancy at will

A

No, either party can terminate at any time w/o notice

90
Q

How much notice is required for a periodic tenancy

A

if it is month to month, you must give one full period in advance
For year to year, must give 6 mo notice

91
Q

for the implied covenant of quiet enjoyment how can the LL breach?

A

Landlord can breach by actual or constructive eviction
Actual- LL wrongfully evicts or excludes T from property
Constructive- landlords actions or inactions render property uninhabitable- i.e major damage to property that T gave notice on and L failed to fix.
REQUIRES TENANT TO VACATE AFTER LL fails to repair

92
Q

For which implied covenant is the tenant required to LEAVE

A

Implied covenant of quiet enjoyment

93
Q

What types of properties have an implied warranty of habitability

A

Residential only

94
Q

elements to create an easement by prescription

A

similar to Adverse possession
1) continuous for statutory period
2) open and notorious
3) actual
4) hostile- w/o owner’s permission

95
Q

ways easements can be ended

A

1) estoppel- easement holder’s conduct to abandon plus non use
2) necessity ends
3) destruction of servient property
4) release
5) abandonment- but mere words or non use is not enough
6) merger
7) expiration of a set term for easement

96
Q

What is taking land under color of title

A

adversely possessing a part of the property under color of title can be sufficient to acquire title to the whole property

97
Q

Can adverse possessors lease a portion of the land to a third party and still possess the property

A

Yes

98
Q

Is title taken by AP marketable?

A

NO

99
Q

Does RAP apply to conveyances from one charity to another

A

No

100
Q

does rap apply to contingent interests in property and RIGHTS OF FIRST REFUSAL

A

YES- RAP applies to contingent interests, executory interest and rights of first refusal

101
Q

What does it take for a class gift to satisfy RAP

A

Class must be closed with all conditions precedent satisfied for every member

102
Q

For land in its natural state- when excavation causes damages what std do you apply

A

STrict liability

103
Q

For land with buildings on it what must you show

A

Land would have collapsed absent buildings on the land due to D’s excavations for strict liability

For negligence- can be liable to damage to adjacent land or buildings even if it would not have collapsed in natural state

104
Q

implied warranty of fitness or suitability

A

for the purchase of newly constructed homes. Under this warranty, the seller asserts that he used adequate materials and workmanship for the residence.

covers latent construction defects, including any problems that do not manifest themselves until after the sale.

-a suit for breach of the implied warranty may be brought against builders, developers, and contractors within a reasonable time after discovery of the defect. -
initial homeowner-purchaser and subsequent purchasers who do not contract directly with the commercial developer to recover damages.

105
Q

in a mortgage essay what must you address

A

Personal liability of each party

106
Q

Does a deed require 2 witnesses

A

NO

107
Q

does a grantor’s signature on a deed need to be witnessed

A

No

108
Q

Is consideration required for a deed/ land transfer

A

no

109
Q

if land is owned by co tenants and it is foreclosed on, then it is purchased by one of the covenants, do the other covenants have the right to reacquire their original interests

A

Yes, by paying their share of the cost

110
Q

Define the three types of notice- actual, constructive & inquiry

A

actual= personal knowledge of prior interest
Construction= record notice
inquiry= going to property and seeing someone on the property. When reasonable inspection on property would disclose existence of prior claims

111
Q

For private nuisance, even if you aren’t bothered by the lights, noise or smell, can you still prevail if a reasonable person would be annoyed, find it offensive or inconvenient?

A

Yes

112
Q

Under the attractive nuisance doctrine, what duty do landowners have to protect kid trespassers from artificial conditions on their land

A

Duty to exercise reasonable care to protect child trespassers from dangerous artificial conditions

113
Q

Does a right of way easement render a title unmarketable

A

Yes

114
Q

Does a quit claim deed require marketable title

A

Yes

115
Q

Under a notice statute, who prevails and why

A

A purchaser for value only has to purchase w/o notice of prior interest to prevail over that prior interest

116
Q

Distribution of proceeds from foreclosure sale

A
  1. costs of foreclosure sale
  2. mortgage being foreclosed
  3. junior mortgages or liens
  4. debtor
117
Q

Does modification of a senior mortgage forfeit that mortgage’s priority

A

Not usually but if the modification materially prejudices a junior mortgage then the senior mortgage subordinates its interest just to the modification but the original mortgage remains superior

118
Q

Can an easement appurtenant be used for the benefit of a property OTHER THAN that of the dominant estate?

A

NO

119
Q

Under a race recording statute, does it matter if the purchaser who recorded first knew of the prior interest

A

NO- the first to record prevails over prior interest regardless of whether they knew of the interest

120
Q

Is a cotenant generally required to pay rent to other cotenants

A

No

121
Q

Can a cotenant seek contributions for taxes, operating expenses from other co-tenants

A

Yes but the amt is limited to the property’s rental value when sought by the co-tenant in sole possession

122
Q

If tenant breaches duty to pay rent, what rent is landlord entitled to?

A

Only the rent that tenant failed to pay at time they vacated- NOT future rents.

123
Q

Can adverse possessors own land as tenants in common and pass their interest down to their heirs when they die

A

YES

124
Q

if tenants are using property for illegal purpose, what can a landlord do

A

Terminate lease or seek injunction and monetary relief

125
Q

If a building is used as commercial and the area gets rezoned as residential, can the owners continue the non conforming use

A

Yes, it doesn’t terminate the ability immediately to use the property as commercial. Heirs can even continue non conforming use

126
Q

which takes precedence- conveyance in deed or will

A

Deed> will

127
Q

what is constructive adverse possession

A

Adverse possessor enters property under color of title, looks like facially valid dead that describes entire property - but actually only possesses a portion for statutory period–> ct awards entire property b/c deed looked fine

128
Q

if deed is NOT delivered to grantee during grantor’s lifetime, what happens

A

It is void and conveys NO interest

129
Q

When is delivery of a deed done?

A

When recorded, in grantee’s possession, or physically handed to 3rd party acting on behalf of grantee.

LOOK AT INTENT

130
Q

ways to sever joint tneancy

A
  1. giving interest away
  2. signing a contract for sale
    granting a mortgage in a title theory state
131
Q

Is a joint tenancy devisable by WILL

A

NOOOOOOO. You can give your interest away but you can’t devise it in a will.

132
Q

Does a violation of the housing/ building code render title unmarketable?

A

No.

Violation of zoning laws yes though

133
Q

does a violation of the zoning code render title unmarketable

A

Yes

134
Q

Can a lease be assigned if it doesn’t say anything about the assignment in the lease. or if it says no assignment, when can a landlord withhold permission on assignment

A

if there is no language in lease against assignment, a lease can be freely assigned.

If the lease says no assignment w/o permission of landlord, then the landlord can only withhold permission on REASONABLE grounds and not on a WHIM OR PERSONAL PREJUDICE>. Thus irefusal to rent to a tenant in good financial standing is unreasonable and evidence of lack of good faith

135
Q

Abandonment of a lease vs surrender

A

Abandonment = acts as anticipatory repudiation by tenant, and tenant would have duty to pay rent.

Surrender- tenant transfers lease back to landlord and landlord accepts the return (i.e landlord accepts the keys and acknowledges need to find new tenant)- –> tenant is not responsible for future rent

136
Q

If co-tenant pays more than his share of the MORTGAGE PAYMENTS OR TAXES can they compel other covenants to pay their fair share

A

YES

137
Q

if your non conforming use of xyzzy has been grandfathered in, can you then expand your store

A

No, - you can’t then increase the non conforming use but you can do upgrades.

138
Q

Easements are generally terminated by merger but what is the exception

A

if there are any future interests in either estate

139
Q

The owner of a ranch devised the ranch as follows: “to my wife for life, and then to my grandchildren.” The owner devised the remainder of his property to his only child. The owner was survived by his wife and only child. At the time of the wife’s death, the owner’s child did not have any children.

A

The child owns it as fee simple subject to executory interest

140
Q

if you own property as Joint tenants with several other people and one of those others gives you their share,

A

Then the share you got becomes 1/x as tenants in common but the share you had originally stays as a share in joint tenancy

141
Q

if there are two mortgages on a property and only one is paid off in the foreclosure sale, then a buyer buys the property, does he assume the other junior mortgage?

A

e purchaser of property at a foreclosure sale takes the property free and clear of any junior mortgage.

142
Q

Does a negative easement- i.e saying you won’t build a two story house to block your neighbor’s sunlight- have to be in writing

A

Yes

143
Q

in installment land contracts where you agree to pay $0000 over a zillion years for the land, when is marketable title due?

A

After you have made all the payments. So, if there is a zoning violation or easement when you start to make payments, it is fine b/c they have a zillion years to get rid of it before turning over the deed

144
Q

4 things that sever joint tenancy

A

1- giving away interest during their life
2- selling interest
3- if a creditor forecloses on the interest. MUST BE FORECLOSURE not a just the presence of a lien
4- granting a mortgage in a title theory state (remember lien theory states are lenient)

145
Q

if a creditor does not foreclose on the interest of a joint tenant while they JT was alive

A

Then they take NOTHING

146
Q

what is the warranty that protects property owners against shitty construction

A

warranty of fitness or suitability is implied in a contract for the sale of a newly constructed residence. Under this type of warranty, the seller warrants that he used adequate materials and good workmanship in working on the residence. The implied warranty generally covers latent construction

147
Q

if mortgage is assumed by a man, and that man defaults, so that the original owner has to pay the mortgage so it won’t get foreclosed on, can the original owner sue the man for reimbursement

A

YES b/c original owner is a secondarily liable as a surety and can try to get his $ back

148
Q

if debtor defaults on junior loan, does junior loan have to join senior loan as necessary party to foreclosure action?-

A

NO b/c the senior loan is unaffected by a foreclosure of junior loan.

149
Q

If someone writes a deed to give their property to kid but then puts deed in their desk, is it valid for conveyance of property to kid?

A

NO b/c there was no delivery of deed.

150
Q

if tenant in common takes out mortgage- and they own 30% of property, does the mortgage bind the other co tenant

A

NO- the mortgage only bind the 30% of the property the T in common owns

151
Q

to deliver a deed thru valid death escrow (ie after the deed giver dies)- the deed giver needs to

A

give the deed to an agent with instructions for delivery upon his death
AND
relinquish control over the deed (i.e no clause saying I can take it back) - place “deed beyond his control”

152
Q

if a lease does not allow assignment of the lease but is silent as to subletting, can you sublet?

A

YES.

153
Q

constructive eviction requires what

A

TENANT MUST MOVE OUT

154
Q

process for foreclosure- who gets paid first

A

Attorney fees, then purchase money mortgage bank then junior mortgage

155
Q

for when/if a buyer takes subject to the easement- check for

A

inquiry notice= would the buyer see the easement if he was on the property

156
Q

requirements for implied easement

A

(1) both the dominant and servient estates must have been owned by the same person at the time of the prior use;
(2) the prior use of one parcel must have benefited the other portion of the land;
(3) the prior use must have been apparent;
(4) the prior use must have been continuous; and
(5) the prior use must have been reasonably necessary for the use and enjoyment of the benefited property.

157
Q

does a deed in lieu of foreclosure eliminate junior mortgages

A

No

158
Q

what is the exoneration of liens doctrine

A

permits the devisee of real property that is subject to a lien (bank) to demand that the lien be paid off (i.e., “exonerated”) using other assets in the decedent’s estate

159
Q

which right of redemption comes before foreclosure and which after?

A

equitable right of redemption comes BEFORE foreclosure, statutory right of redemption comes AFTER foreclosure

160
Q

For recording act questions, how to start answer

A

Start w first in time, first in right then say modified by recording act to protect bonafide purchaser for value.

161
Q

Under the fair housing act can cities have zoning provisions that deny access to disabled people

A

No

162
Q

How can tenancy of entirety be severed

A

Onlu by consent of BOTH parties. One spouse can NOT give away their interest

163
Q

If grantor gives deed to 3rd party, is delivery complete

A

Yes delivery is complete when grantoe gives deed to 3rd p unless grantor reserves right to take back deed

164
Q

What is a death escrow

A

Delivery of deed is conditioned on grantor’s death. Title passes automatically to next person when G dies.

165
Q

If two developers get permits to put up skyscrapers and one accidentally blocks sunlight from reaching the other will the ct grant injunction?

A

No..unless blockage of sunlight was done intentionally-with malice

166
Q

What is a future advances mortgage

A

Where you get installment payments from the bank for a loan. I.e you borrow $1million and in one year you get 250k, next year you get 500k, 3rd yr you get 250k.

167
Q

If the payments of a future advances mortgage are mandatory, how does that affect default

A

then ALL payments loaned- both before and after any junior lien - have priority

168
Q

If the payments of a future advances mortgage are optional, how does that affect priority in default

A

If optional, then a junior lien has priority over funds given out AFTER the junior lien.

169
Q

What is required to establish an implied easement from prior use (and when might you see this)

A

Look for this after an easement was extinguished from merger but then the land was reseparated.

Easement by implied prior use requires:
1) 2 parcels in common ownership and one given to grantee
2) the parcel conveyed used to have an easement over the other parcel
3) the usage of the easement is reasonably necessary or convenient
4) the usage of the easement is apparent

170
Q

A CONTRACT for sale will sever what type of tenancy

A

JOINT TENANCY

171
Q

if there is prior existing use and continuation of the use is just reasonably necessary- is that enough to maintain an easement or profit

A

Yes- it would an implied profit or easement- just needs to be reasonably necessary for use and enjoyment of land

172
Q
A

Bar Exam (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions