Property

Question 1

Is an easement appurtenant extinguished when the owner of the dominant estate purchases the servient estate?

Answer 1

yes. An easement is extinguished if the dominant and servient estates become owned by the same person

Question 2

an easement is a ____ right to use someone’s land in a way that directly benefits the holder in possession of her own land

Answer 2

nonpossessory

Question 3

a person CANNOT hold an easement on ____

Answer 3

their own land

Question 4

An easement is implied from existing use when an _____ and _____ use exists on the servient part, the use is _______ for the enjoyment of the dominant part, and a court determines that the parties intended the use to ___

Answer 4

apparent and continuous
reasonably necessary
continue

Question 5

an easement that is terminated by ___ of ownership will not be revived automatically if the estates are later separated

Answer 5

Unity

Question 6

Geneally, the priority of a mortgage is determined by when it was ____

Answer 6

placed on the property

Question 7

if a mortgage forces the lender to make future advances of funds, those future advances will have the ______ priority as the original mortgage

Answer 7

SAME

Question 8

if a senior lender with notice of a junior lien makes an advance that is merely optional, the optional advance loses priority to the ____

Answer 8

junior lien

Question 9

with a quitclaim deed, the grantee recieves _____ interest the grantor has in the property

there are NO _____

Answer 9

whatever

warranties

Question 10

A general warranty deed has 6 covenatns:

right to ____, ____, no _____, further assurances, quiet enjoument and warranty

Answer 10

convey
seisen
encumbrances

Question 11

if you see a recording act issue tested, you should start your answer by discussing the common law defult rule of first in time, first in ____

Answer 11

right

Question 12

a grantor can only convey the rights the grantor has at the time of

Answer 12

conveyance

Question 13

a NOTICE act will have the word “recorded” but NOT the word __

Answer 13

first

Question 14

a race-notice act will say the word notice AND ____

Answer 14

first

Question 15

SUMMARY
Notice act:
1. Bought it for money
2. didn’t have notice of the prior conveyance
3. records

Race-notice
1. bought it for money
2 didn’t have notice of prior conveyance
3. recorded it BEFORE the othe rguy

Answer 15

`

Question 16

you can assign or sublet a lease as long as there is no language in the original lease ___-

Answer 16

prohibiting it

Question 17

the covenant of quiet enjoyment provides that neither the landlord nor someone with superior title will interfere with the tenant’s ______ and ____ of the premises

Answer 17

quiet enjoyment
possession

Question 18

a landlord can breach the covenant of quiet enjoyment through _____

Answer 18

constructive eviction

Question 19

tenant can claim constructive eviction only if

(1) landlord (or someone acting for LL) caused injury
(2) the breach substantially and materially deprived the tenant of her use and enjoyment of the presmises
(3) the tenant gave the LL ____ and a ____
(4) the tenant then _____

SING

Answer 19

NOTICE
reasonable time to repair
vacated the property within reasonable time

substantial impairment
notice
get out

Question 20

a landlord has NO common law duty to ____ or maintain the premises

Answer 20

repair

Question 21

the warranty of habitability is generally impled only in _____ tenancies

Answer 21

residential (not commercial)

Question 22

a surrender of property must be _____

Answer 22

in writing if teh expired term is more than on eyear

Question 23

majority view is that LL must make ___ efforts to ____ damages by reletting to a _____

Answer 23

reasonable efforts
mitigate
new tenant