Property

Question 1

What is required for undue influence

Answer 1

1. Confidential relationship
2. influence
3. overcome will

Question 2

What are the landlord’s duties in a commercial lease?

Answer 2

No duty to repair unless:

1) Contract says so
2) Repair is so substantial it could not fall within tenant’s duty to repair
3) Repair would benefit value of the landlord’s property

Question 3

What is the rule of convenience?

Answer 3

Closes class membership once any member of the class is entitled to immediate possession of a share in the class gift (avoid RAP)

Question 4

Does the mailbox rule apply to option Ks for the sale of real property?

Answer 4

No. Instead the grantor must receive the option holder’s decision to exercise the option within the time period specified in the contract

Question 5

Who has priority between a valid deed and a will?

Answer 5

Deed > will

Question 6

Is recording a deed sufficient for delivery?

Answer 6

Yes, delivery is presumed when the deed is recorded, creates a rebuttable presumption that the deed is intended to be presently operative

Question 7

Explain the Shelter Rule

Answer 7

A donee who receives property from a grantor protected by a recording act will receive the same protections IF

1) Grantor was purchaser for value
2) Recorded first
3) acquired property without notice of a prior interest

Question 8

Can a recipient of a specific devise of real property use the remaining assets in a testator’s estate to pay off any encumbrances on that property?

Answer 8

Yes!

Question 9

Explain ademption by extinction

Answer 9

Causes the devise of a specific asset to fail if a testator does not own it at the time of death.

Question 10

Explain an installment land contract

Answer 10

Seller retains title to a property until the buyer makes the final payment under an installment plan.

Question 11

Under what circumstances is an absolute deed enforceable as an equitable mortgage?

Answer 11

An absolute deed transferring unrestricted title to property with intent to secure a debt is usually enforceable as an equitable mortgage UNLESS competing equities take precedence.

Question 12

What is a due on sale clause?

Answer 12

A due on sale clause allows a lender to demand full payment of any remaining mortgage debt if the debtor transfers the mortgaged property without the lender’s written consent.

Question 13

What is required for a covenant to be terminated by abandonment?

Answer 13

Something more than neglect or nonuse that shows a clear intent to relinquish the covenant

Question 14

When can an equitable servitude be implied from a common scheme?

Answer 14

1. The owner intended to create a common scheme
2. intended servitude was restrictive
3. persons to be bound had notice

Question 15

Do fixtures transfer with the land?

Answer 15

Fixtures automatically transfer with the land UNLESS conveyance provides otherwise

Question 16

Define private nuisance

Answer 16

A defendant’s interference with the plaintiff’s use and enjoyment of his/her property is both substantial and unreasonable.

Substantial = offensive, annoying, intolerable
Unreasonable = severity of harm > utility of D’s conduct

Question 17

Define right of first refusal

Answer 17

Partial restraint on alienation that, if reasonable, is valid and enforceable by an injunction

Question 18

What is estoppel by deed?

Answer 18

Grantor who conveys an interest in land by warranty deed before actually owning is estopped from later denying the effectiveness of that deed.

When the grantor acquires ownership of the land, the title is transferred to the prior grantee.

Question 19

What is the main difference between covenants and servitudes?

Answer 19

Covenant = $ damages
Servitude = Injunction