Property Flashcards

Question

Periodic tenancy

Answer 1

repetitive, ongoing estate set by periods of time wth no predetermined termination date automatically renews unelss valid termnation notice SOF doesn't apply unless initial term longer than one year created by express agreement, implication, or operation of law (holdover tenant) Notice: must be given before last period, or for yearly, 6 months before

Answer 2

does not have a specific term, continues as long as L and T want created by express agreement or implicaton may be terminated by either party, with no notice (at common law)

Answer 3

T wrongfully remains in possession after expiration of lease T bound by terms of prior lease Lasts until T vacates, is evicted, or L elects for a periodic tenancy

Answer 4

pay rent avoid waste repair: for non residential leases

Answer 5

failure to pay rent: can sue for damages and evict/terminate lease entitled to late rent but most jdx bar future rent (unless agreement otherwise) Abandonment: if L accepts, the lease terminates and liability for future rent ends, if L rejects, T remains liable for rent but L has duty tomitigate damages

Answer 6

Deliver possession: physical and legal Repair Warranty of habitability Covenant of Quiet enjoyment

Answer 7

residential only premises must be fit for basic human habitation if breached, T must notify of defect and give reasonable time to repair, then T must remain in possession and can refuse to pay rent, repair themselves and deduct from rent, or remain in possession, pay rent, and seek damages

Answer 8

T has a righ tot queit use and enjoyment of premises without interference from L L has duty to control other tenants Breach may be evicton: actual: if L excludes T, lease is termnted and T's obligation ends Partial: T excused from paying rent, but not excused if eviction is by adverse posessor and tresspasser Constructive: substantial interference by L's actions/inaction T must give notice, and T must vacate within reasonable time Retaliatory: L may not evict T for complainting about housing code or breach of warranty of habitability

Answer 9

tenant: duty of care to invitees/licensee/foreseeable trespassors and dangerous conditions/activites: landlord: injuries in common areas, non common areas under L's control, or hidden defect, modern trend is general duty of reasonable care

Answer 10

complete transfer of T's remainnd lease term, creates privity of estate with landlord and privity of contract with tenant both tenant and assignee liable to landlord

Answer 11

any transfer for less than entire remaining duration of lease privity of contract and estate with landlord sublessee not liable to landlord

Answer 12

valid to prohibit assignments and subleases L can only withdhold permission to grant assignment or sublease on reasonable grounds in relationship to the property being leased

Answer 13

A land sale contract must be in writing and signed by the party it is to be enforced against. Exceptions: full performance, detrimental reliance part performance (at least two of payment, possession, improvments)

Answer 14

covenant of seisin covenant of right to convey covenant against encumbrances only breached at the time of contract

Answer 15

title is free from defects or unreasonable risk of litigation marketable title is required at closing, not before

Answer 16

covenatn of warrranty covenant of quiet enjoyment covenant of future assurances

Answer 17

not enforced unless part of the contract, if valid a party failing to performn on closing date is in breach

Answer 18

new homes only, warrants use of adequate materials and workmanship includes latent defects

Answer 19

Seller must disclose all known material physical defects not readily observable

Answer 20

difference between the market value and the contract price deposit can be liquidated damages as long as it isn't more than 10%

Answer 21

Buyer gets legal title once contract is signed, bears the risk of damage in between signing and closing

Answer 22

Open and Notorious Continuous Exclusive Adverse Actual usually 10 years

Answer 23

Grantor must have **intent** to make **present** transfer -intent presumed from **delivery** of deed -**execution and recording** is rebuttable presumption that deed is operative -transfer to grantor's agent is not delivery but transfer to** grantee's agent** is -transfer to third party with conditon is not deliver if grantor keeps absolute right to recover

Answer 24

identified parties, grantor's signature, words of transfer, property description no consideration or recording necessary

Answer 25

protect bonafide purchasers: subsequent purchaser for value who takes without notice

Answer 26

a BFP prevails over a prior grantee if they did not have notice (actual, record, inquiry) "in good faith", "without notice"

Answer 27

first to record prevails, regardless of knowledge "first recorded"

Answer 28

Subsequent BFP is only protected if they take wihtout notice (inquiry, actual, record) AND they are first to record "first to record" AND "without notice"

Answer 29

if a reasonable investigation would disclose prior claims, there is inquiry notice

Answer 30

Present covenants (seisin, right to convey, against encumbrances) Future covenants (quiet enjoyment, warranty, further assurances)

Answer 31

same covenants as general warranty deed, but only warrants against defects arising from the time grantor has title

Answer 32

No warranties

Answer 33

Void as against public policy unless the restraint is limited in time and purpose

Answer 34

interest in real property taht serves as a security for an obligation must satisfy the SOF Lien theory: debtor has title and right to possession until foreclosure

Answer 35

Deed of trust (beneficiary lender can purchase property at a non-judicial foreclosure sale) Installment Land contrac Absolute Deed Conditional sale and repurchase

Answer 36

if transferee assumes the mortgage, the borrower is secondarily liable borrow may be relieved if lender releases transferee of liability

Answer 37

A transferee that takes a property subject to the mortgage can lose the property to foreclosure but is not personally liable for it

Answer 38

First in time, first in right Purchase Money Mortgages: between two PMMs, the seller of the property has prioirty

Answer 39

after default but before foreclosure sale, the mortgagor may regain title by paying the amount due plus interest (full amount if acceleration clause)

Answer 40

If more than one mortgage, a foreclosure **terminates** junior interest but not senior ones, but junior interests must have notice. Senior interest cannot join the foreclosure **First in time, first in right** **Purchase money mortgage** has priority over all others created to prior to the PMM **recording acts: **recorded mortgage may take priority to an unrecorded one

Answer 41

non possessory interest in land that allows use of a servient estate for benefit of a dominant estate (appurtenant) or the benefit of a person (in gross)

Answer 42

affirmatively created by parties in writing that satisfies requirements for a deed

Answer 43

continuous, actual, open, and hostile for statutory period (adverse possession without exclusivity)

Answer 44

dominant/servient estates were under common ownership quasi-easement existed at severence prior use was continuous, apparent, or known easement reasonably necessary to dominant estates use

Answer 45

dominant/servient estates were under common ownership necessity arises when property is sevred property is virtually useless wtihout benefit of easement across adjacent property

Answer 46

good faith, reasonable, detrimental reliance on permission by servient estate holder

Answer 47

Appurtenant: transfered with land In gross: burden transfered with transfer of servient estate, benefit transferable if the benefit was commercial or the parties intended it

Answer 48

changes in scope are not allowed if unforeseeable change in use or unreasonable expansion or misuse.

Answer 49

Release by writing Merger of both estates Severance (attempt to transfer the easement without the land terminates it Abandonment: affirmatively acts to show clear intent to abandon Destruction, prescription, end of necessity

Answer 50

Not enforceable agaisnt a BFP of the servient estate

Answer 51

privilege to enter anothers land freely revocable unless coupled with an interest does not need to satisfy SOF invalid oral easment may create a license

Answer 52

When **damages** sought **Writing** **Intent** for parties for covenant to run with land **Touch** and concern **Notice (burden only)** **Privity:** **Horizontal (burden only)**: original parties must have privity of estate at time the covenant is made **Vertical**: successor must hold estate of same duration as original party

Answer 53

for Injunctive relief Writing Intent Touch and concern Notice (if servitude is to be enforced against a purchaser)

Answer 54

implied from common plan remedy is injunction requires **intent**, **negative** servitude, **notice**

Answer 55

changed circumstances laches unclean hands acquiesence estoppel

Answer 56

release, merger, abandonment, waiver, estoppel, condemnation, sale to BFP

Answer 57

chattel attached to real property such that it is treated as part of the real property when determining ownership

Answer 58

once attached, fixtures become part of realty but can be removed if the seller reserves the right to remove fixtures in a sale contract, or leased property can be restored to former condition without damage in a reasonable time, or otherwise by contract

Answer 59

zoning laws that are unauthorized or exceed the authority of the local government are void

Answer 60

- arbitrary or irrational (normal test is rational basis) - not usually a taking - strict scrutiny under **due process** if right of family members to live together is violated - strict scrutiny under **equal protection** if suspect class involved (must show intent) - **free speech**: adult entertainment can be restricted in location but not banned

Answer 61

may be grandfathered in may be subject to **amortization** non-conformity cannot be **expanded**, but can **increase frequency** so long as nature and character are not a substantial change can be transfered repair of existing structure usually permitted can be involuntarily terminated by **natural forces**

Answer 62

can request a variance for **unusual** circumstances: must show variance is not **contrary to public interest**, that compliance with ordinance would result in** unnecessary hardship**, and the **owner did not create the need** area variance: allow building/physical structure use variance: allows a use

Answer 63

an owner who is denied a permit or variance may appeal and has the right to an impartial decision maker, to present evidence, and to receive an explanation

Answer 64

arbitrary and not permitted

Answer 65

a **non-trespassory**, **unreasonable** **intentional** and **substantial** interference with another's use and enjoyment of property [NUIS]

Answer 66

an unreasonable interference with the health, safety, or property rights of the community. for a private action the plaintiff must show that they suffered a different harm than that suffered by the rest of the community

Answer 67

reasonable use: bordering land owner has right to reasonable use prior appropriation: first in time, first in right

Answer 68

**Undeveloped**: landowner who excavates on their land is strictly liable for damage on undeveloped adjacent land **Improvements**: landowner who excavates on his land is strictly liable only if ajoining land would have collapsed in its undeveloped state **Improvements contribute to collapse**: landowner who excavates is only liable if he is negligent

Answer 69

owner of mineral rights is strictly liable for any failure to support the land and any buildings that existed at the time the rights were conveyed

Answer 70

land owner has limited right to reasonable use and enjoyment of the airspace as long as it doesn't interfere with another's enjoyment of land