Property Flashcards
Is an easement appurtenant extinguished when the owner of the dominant estate purchases the servient estate?
yes. An easement is extinguished if the dominant and servient estates become owned by the same person
an easement is a ____ right to use someone’s land in a way that directly benefits the holder in possession of her own land
nonpossessory
a person CANNOT hold an easement on ____
their own land
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 ___
apparent and continuous
reasonably necessary
continue
an easement that is terminated by ___ of ownership will not be revived automatically if the estates are later separated
Unity
Geneally, the priority of a mortgage is determined by when it was ____
placed on the property
if a mortgage forces the lender to make future advances of funds, those future advances will have the ______ priority as the original mortgage
SAME
if a senior lender with notice of a junior lien makes an advance that is merely optional, the optional advance loses priority to the ____
junior lien
with a quitclaim deed, the grantee recieves _____ interest the grantor has in the property
there are NO _____
whatever
warranties
A general warranty deed has 6 covenatns:
right to ____, ____, no _____, further assurances, quiet enjoument and warranty
convey
seisen
encumbrances
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 ____
right
a grantor can only convey the rights the grantor has at the time of
conveyance
a NOTICE act will have the word “recorded” but NOT the word __
first
a race-notice act will say the word notice AND ____
first
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
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you can assign or sublet a lease as long as there is no language in the original lease ___-
prohibiting it
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
quiet enjoyment
possession
a landlord can breach the covenant of quiet enjoyment through _____
constructive eviction
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
NOTICE
reasonable time to repair
vacated the property within reasonable time
substantial impairment
notice
get out
a landlord has NO common law duty to ____ or maintain the premises
repair
the warranty of habitability is generally impled only in _____ tenancies
residential (not commercial)
a surrender of property must be _____
in writing if teh expired term is more than on eyear
majority view is that LL must make ___ efforts to ____ damages by reletting to a _____
reasonable efforts
mitigate
new tenant
