Property

Question 1

BFP

Answer 1

Purchaser or mortgage lender pay valuable consideration take w/o notice of prior instrument at time of conveyance

Question 2

Race jurisdiction

Answer 2

1st to record wins + “First”

Question 3

Notice jurisdiction

Answer 3

Subsequent BFP even without recording wins over prior grantee/mortgagee who has not yet recorded* + “Notice”

*Does not win against AP/Easements not yet recorded

Question 4

Race Notice

Answer 4

Subsequent BFP to record wins + “Notice+ “First”

Question 5

If no race/notice/race notice jxn

Answer 5

Good faith purchaser for value irrespective of statutes takes priority over pre-existing claims in which he had no notice

Question 6

Exploitation of natural resources by LT limited to PURGE

Answer 6

Prior use of land for exploitation before grant
Necessary for repair or maintenance of land
Express/implied grant to exploit
Suitable only for exploitation

Question 7

Rule of convenience

Answer 7

Class closes when at least one member of the class becomes entitled to distribution, per rule of convenience

Question 8

Shelley’s rule

Answer 8

Modernly, if life estate in A with remainder to A’s heirs only, heirs get contingent remainder

Question 9

Doctrine of Worthier Title

Answer 9

Remainder in grantor’s heirs (“to A for life, then O’s heirs”) is invalid and becomes reversion in grantor (O’s heirs get contingent remainder)

Question 10

RAP

Answer 10

An interest is valid only if it must vest or fail within 21 years after the death of any measuring life in being (someone who existed when the deed or will takes effect) at the creation of the interest

Question 11

Tenancy for years

Answer 11

For fixed period. Terminates automatically. Created by express agreement (writing > 1 yr)

Question 12

Periodic tenancy

Answer 12

Created by express or implied agreement (LL leases at monthly rent) or operation of law (T stays after lease expires). For fixed period that self-renews until notice equal to length of period, up to 6 months.

Question 13

Tenancy at will

Answer 13

No stated duration. Lasts until termination, death or transfer. Created by express agreement.

Question 14

Tenancy at sufferance

Answer 14

T occupies after lease expires. Terminates when LL evicts or holds T to another term.

Question 15

Real covenant (if holder seeks damages)

Answer 15

For burden to run:
Writing
Intent
Touch and concern
Horizontal and vertical
Notice

For benefit to run:
Writing
Intent
Vertical privity
Touch and concern

Question 16

Equitable servitude (if holder seeks injunction)

Answer 16

For burden to run:
Writing
Intent
Touch and concern
Notice

For benefit to run:
Writing
Intent
Touch and Concern

Question 17

Exception to equitable servitude: implied reciprocal servitude

Answer 17

Negative restrictions part of a common scheme or plan can be enforced even if not in deed, if some other deeds have it and there was notice

Question 18

Defenses to equitable servitude

Answer 18

Changed neighborhood
Unclean hands
Acquiescence to violation
Estoppel
Laches: benefited party didn’t sue within reasonable time