Property

Question 1

FSD

Answer 1

durational

Possibilty of reverter – automatic

Question 2

FSSCS

Answer 2

Conditional

Right of Reentry – not automatic

Question 3

W executed/delivered a deed to unmarried N conveying RP to him “upon his marriage.” N recorded deed. W died, and O gets RP via intestacy.

What are the interests?

Answer 3

O has FS-SEI

N has sprining EI

Question 4

Absolute Deed – mortgage

Answer 4

This is an equitable/alternative mortgage when a debtor gives an absolute deed––deed free of encumberances––to a lender w/ intent to secure a debt

Grantor must prove by CCE that deed was intended as security

Question 5

Adverse Possession

Answer 5

O - open
C - continuous (SOL not tolled)
E- exclusive
A - actual
N - notorious/hostile

Question 6

Easement Appurtenant

Answer 6

Benefits easement’s holder’s land

Benefit and burden automatically transfer when land is conveyed

Question 7

Easement in Gross

Answer 7

Benefits easement holder personally

Burden (not benefit) automatically transfers when land is conveyed

Question 8

Affirmative Easement

Answer 8

Allows easements holder to do something on servient estate

Question 9

Negative Easement

Answer 9

Restricts servient-estate owner’s lawful use of servient estate

Question 10

Express Easement

Answer 10

Type of creation

Created by parties in writing that satisfies SOF

Question 11

Irrevocable License – easement

Answer 11

License becomes irrevocable due to estoppel or coupling w/ another servitude

Question 12

Types of Implied Easements

Answer 12

Necessity

Implication

Question 13

Easement by Necessity

Answer 13

Implied by law due to necessity

Question 14

Easement by Implication

Answer 14

implied by fact due to prior use

Question 15

Easement by Prescription

Answer 15

Way to create easement

Adversely acquired via OCAN
Open, continuous, actual, hostile

Question 16

Cotenant Compels Contribution

Answer 16

Cotenant that pays more than their fair share of necessary property-related expenses can compel cotenants to contribute based on their ownership interest

Question 17

Rights of Cotenant in Concurrent Estate

Answer 17

1. Possess & enjoy the entire property
2. Receive proportionate shares of net profits from removal of natural resources
3. Receive pro rata shares of rent from TP

Question 18

Duties of Cotenants in Concurrent Estates

Answer 18

1. Pay proportionate shares of expenses that may give rise to a lien (mortgage, property tax)
2. Contribute to repair or improvements costs, but only upon K

Question 19

Implied Warranty of Marketable Title

Answer 19

Title is:
1. reasonably free
2. from doubt, and
3. under no threat of litigation
4. such that a reasonable person would accept & buy it

Question 20

Red Flags for Marketable Title

Answer 20

• covenants
• easements
• leases
• liens
• gaps in chain of title
• boundary disputes
• zoning violations
• AP

Question 21

Transfer of mortgage w/o note

Answer 21

JDX split

some – note follows mortgagte

others – transfer void

Question 22

Transfer of note w/o mortgage

Answer 22

mortgage follows notes

Question 23

Effect of a deed to a nonexistent grantee

Answer 23

Void, interest reverts to grantor

Question 24

Insurance Title Policy

Answer 24

Protects named persons (named on policy) from undisclosed title defects

Named protection extends to the person’s heirs/devisees

Named protection does NOT extend to people not named on the policy

Duration: in effect while property owned or until conveyed via warranty deed

Question 25

Profit

Answer 25

nonpossessory right to enter land and remove specific natural resources

generally created like easements