Property

Question 1

A FSD is always followed by a:

Answer 1

Possibility of reverter, which is automatic upon happening/not happening of stated condition

Question 2

“For so long as” is what kind of language

Answer 2

Durational, so a Fee Simple Determinable

Question 3

A Fee Simple Subject to Condition Subsequent is created when:

Answer 3

The grantor retains the power to terminate the estate (right of entry) on the happening of the stated event

Not automatic, right must be exercised by grantor jumping through some hoops, like filing an ejectment action

Question 4

Chartiable Exception for RAP

Answer 4

A future interest granted to a charity that might not vest w/n 21 years of the measuring life will still be valid if the conveyance is by a charity to another charity

Question 5

T/F: A possibility of reverter is subject to RAP

Answer 5

False. If a FSD has a condition that violates RAP, strike it out and keep the conveyance that does not violate RAP

Question 6

The most common way that RAP gets tested is through:

Answer 6

A first right of refusal

Question 7

What makes a first right of refusal void?

Answer 7

If it is held by unascertainable people

ex: “to her heirs and assigns”

Question 8

When a JT sells all or part of their interest in a JT, what is the result?

Answer 8

The JT is terminated and a TIC results if there is no right of survivorship in a TIC

Question 9

Under the ____, a periodic tenancy will result when a tenant overstays their lease

Answer 9

Holdover Doctrine

Question 10

The first question to ask yourself in analyzing a hold-over tenant question is:

Answer 10

Is this a commerical lease/tenant or a residential lease/tenant?

Question 11

Under the hold over doctrine, a residential lease will continue ____ when the tenant overstays

Answer 11

Month-to-month

Question 12

Under the hold over doctrine, a commerical lease will continue ____ when the tenant overstays

Answer 12

Identical to the terms of the perveious written lease but cannot exceed 1 yr under the SOF

Question 13

Under the hold over doctrine, a tenant who received notice of a rent increase will have to pay:

Answer 13

The increased rent rate

Question 14

Under the hold over doctine, a tenant who did not receive notice of a rent increase will have to pay:

Answer 14

The amount they were already paying

Question 15

An assignment arises when a T:

Answer 15

Transfers possession of the property for the remaining balance of the lease

OG tenant is always on the hook for rent in an assignment bc they are in privity of K

Question 16

An assignee will be liable to the landlord for rent so long as:

Answer 16

They are in possession of the premises. If they assign to someone else and vacate, they are off the hook

Question 17

Once an easement has been recorded, the right to the easement can always be exercised by:

Answer 17

the buyer or their heirs

Question 18

T/F: A person needs actual notice of an easement in order to assert that they knew/didnt know about it

Answer 18

False. Notice can be given through actual, constructive, or inquiry notice.

A properly recorded easement cannot be rebutted

Question 19

A profit (appurtent or in gross) is a ____ in land that allows the holder to enter the servient tenanment to remove:

Answer 19

Non-posessory interest

Minerals, oils, substances from the land

Question 20

A profit appurtenant benefits the:

Answer 20

Dominant Estate.

A profit appurtenant cannot be transfered without the dominant estate

Question 21

A profit in gross does not benefit:

Answer 21

The dominant estate

Can be transferred independent of the transfer of the dominant estate

Question 22

Define Fixture

Answer 22

A chattel that has become attached to the real property

Question 23

A ___ fixture allows a tenant to remove all fixture prior to the lease expiring

Answer 23

Commercial

Exception: accessions cannot be removed

Question 24

An accession is a ___ addition to the real prop

Answer 24

Structural

Deck, loft, blacony, beams

Question 25

Prescriptive easements and adverse possession both require:

Answer 25

Hostility

Question 26

Because delivery of a deed cannot be canceled, the friend’s return and subsequent destruction of his deed has no effect.

Question 27

A warrany deed carries with it 6 covenants total, 3 pReSeNt and 3 FEWture.

Answer 27

pReSeNt
1. Right to convey,
2. the covenant of Seisen (both of these essentially meaning that the seller guarantees he owns the land he is selling), and
3. the covenant against encumbrances (“no encumbrances”—that is, there are no existing easements, liens, or encumbrances that are not stated in the deed).

FEWture
4. Further assurances,
5. quiet Enjoyment, and
6. covenant of Warranty

Question 28

Doctrine of Merger

Answer 28

On the closing date, the contract for sale merges into the deed, so at that point, the terms of the deed ultimately controls

Question 29

Land Sale K

Under the Doctine of Caveat Emptor, There is no implied warranty of fitness and habitability in land sale contracts unless:

Answer 29

the seller is also a new-home builder, in which case he can be held to a workman like construction standard

Not all courts have extended the implied warranty of latent defects to remote grantees. Courts that apply a privity bar have typically done so on the ground that the warranty is contractual in nature and thus should only run in favor of parties in privity with each other. Other courts, perhaps influenced by the foreseeability standards of tort law, but also relying on the equal vulnerability of both initial and remote grantees, have extended the warranty to subsequent purchasers

Question 30

Mortgages

The predominant rule in the United States is that if a remote grantee takes subject to a mortgage which the grantee does not assume, then the remote grantee (is/is not) personally liable on the debt

Answer 30

IS NOT

However, In some jurisdictions, a remote grantee who did not expressly assume a mortgage may be deemed to have impliedly assumed it if they continue to pay the seller only the difference between what the house was worth and the outstanding balance on the mortgage obligation. Touch on both approached

Question 31

Deeds

If a seller conveys land on which there is an unsatisfied encumbrance such as a mortgage, and that encumbrance has priority against the buyer, the seller is liable to the buyer for any loss borne by the buyer only if:

Answer 31

the seller warranted that there was no such encumbrance against the property.

Question 32

AP

To acquire title by adverse possession, the possession must be:

Answer 32

1. actual
2. hostile
3. open and notorious
4. exclusive
5. continious

Question 33

AP

To be actual, acts of possession must be:

Answer 33

Consistent with how a reasonable owner of land would have used if in possession

Question 34

AP

To be open and nototrious, possession must be:

Answer 34

such that they would put an owner on notice of the adverse possession

Question 35

AP

Hostility is present when:

Answer 35

A posessor is on the land without the owner’s permission

Question 36

AP

When multiple adverse possesors are in privity with one another, the period of their respective possession can be:

FEB 2015

Answer 36

aggregated for the purpose of meeting the statutory period

Privity is a relationship between possessos arising out of a voluntary transfer between them, descent under laws of intestacy, or testamentary succesion as the result of a bequest

Question 37

If an essay question asks you to “evalutate all arguments from X and Y” separate your headings into (1) X’s Argument and (2) Y’s argumet

Question 38

Assignments and Subleases

Residential leases may contain restrictions on the tenant’s right to transfer or assign their lease without consent of the LL. However, a LL must not:

Answer 38

unreasonably withold consent to an assignedment without good cause

Question 39

Assignments and Subleases

Surrender occurs when a tenant:

Answer 39

gives notice to a landlord, in writing, that they intend to vacate the premises and wont return

Question 40

Assignments and Subleases

A landlords options after a tenant surrenders are:

Reject & accept

Answer 40

1. Reject the surrender and hold the tenant over, continuing to charge them for rent
2. Accept the surrender and treat the lease as ended

The LL must take steps to MITIGATE any losses that may arise from a tenant’s surrender if he plans on suing to recover unpaid rent

Question 41

LL-Tenant

If a tenant breaches a lease by vacating a property before the lease is over and leaves written notice to the landlord to that effect, this is treated as a:

Answer 41

Surrender

If LL accepts surrender, T’s obligation to pay is extinguished

Question 42

LL-Tenant

If a tenant breaches a lease by vacating a property before the lease is over and leaves written notice to the landlord to that effect, this is treated as a:

Answer 42

Surrender

If LL accepts surrender, T’s obligation to pay is extinguished