Property

Question 1

Implied Easement

Answer 1

If the owner of two parcels of land previously used one parcel to benefit the other, then the court may find that, upon the transfer of one parcel, the parties intended the use to continue if that use was continuous, known, and reasonably necessary to the dominant land’s use and enjoyment

Question 2

Multiple Mortgages

Answer 2

When multiple interests must be paid out of the proceeds of a foreclosure sale, generally, the earliest mortgage placed on the property has priority over the other interests.

Question 3

Easement Terminates- Merger

Answer 3

An easement is terminated if the owner of the dominant or servient estate acquires fee title to the other estate.

Question 4

Statute of Frauds

Answer 4

The Statute of Frauds requires a lease of more than one year to be in writing. A lease subject to the Statute of Frauds is
voidable until the tenant takes possession and the landlord accepts rent from the tenant.

Question 5

Implied Duty of Quite Enjoyment

Answer 5

When a landlord substantially interferes with the tenant’s use and enjoyment of the property by breaching a duty to the tenant, the tenant’s obligation to pay rent may be excused under the theory of constructive eviction. In order to end a lease before the end of its term by constructive eviction, the landlord must have breached a duty, which caused the loss
of the substantial use and enjoyment of the premises, the tenant must give the landlord notice of the problem and reasonable opportunity to cure, and the tenant must vacate the property within a reasonable period of time. Not every interference with the use and enjoyment of the premises amounts to a constructive eviction. Temporary or de minimis
acts which do not amount to a permanent expulsion generally do not amount to constructive eviction.

Question 6

Breach Duty to Pay Rent

Answer 6

when a tenant breaches the duty to pay rent, a landlord is only entitled to rental payments as they become due—not all future rents that would have been due under the lease.

Question 7

Lease and Right of First Refusal

Answer 7

A right of first refusal is one type of future interest that is subject to common-law RAP unless the right was granted in a lease to a current leasehold tenant.

Question 8

Modification of a senior mortgage

Answer 8

Modification of a senior mortgage generally does not forfeit that mortgage’s priority over a junior mortgage. But if the modification materially prejudices the junior mortgage, then the senior mortgagee subordinates its interest as to the modification—but the original mortgage remains superior.

Question 9

Easement- Benefit of Property

Answer 9

Unless otherwise stated, an easement appurtenant cannot be used for the benefit of property other than the dominant estate. If this occurs, a court may award damages instead of an injunction when there is no increased burden on the servient estate.

Question 10

Benefit of a real covenant

Answer 10

W- Writing

I- Intent

T- Touch and concern

V- Vertical privity

N- Notce

Question 11

Burden of a real covenant

Answer 11

With If I touch his nuts

W- Writing

I- Intent

T- Touch and concern

H- Horizontal and Vertical privity

N- Notce