Property

Question 1

Joint Tenancy

Answer 1

A type of concurrent interest in estate with right of survivorship; created when 4 unities are present: time, title, interest, and possession

Question 2

tenancy in common

Answer 2

default estate for multiple people holding interest

Question 3

effect of joint tenancy obtaining mortgage in title theory jurisdiction

Answer 3

severs joint tenancy

Question 4

effect of joint tenancy obtaining mortgage in lien theory jurisdiction

Answer 4

does not sever joint tenancy

Question 5

leasing property as joint tenant

Answer 5

severs joint tenancy in most states

Question 6

Co-tenant’s right to rent

Answer 6

from other co-tenant: none unless ousted or otherwise agreed upon
from 3rd party: fair share of rent received from third party

Question 7

Co-tenant’s right to reimbursement

Answer 7

repairs: reimbursement for necessary repairs unless there was ouster
improvements: not entitled to reimbursement

Question 8

lease

Answer 8

grants tenant present possessory interest in property for limited time

Question 9

Tenancy for years

Answer 9

lasts for a fixed period, and automatically terminates at the end of the period

Question 10

periodic tenancy

Answer 10

continues for equal periods; created through 1) express agreement 2) implied if if rent is paid at specific periods 3) by law if held over in some jurisdictions

Question 11

tenancy at will

Answer 11

continues until either party terminates it with reasonable time and notice to vacate property

Question 12

hold over doctrine

Answer 12

when a tenant remains on property past agreed time, landlord can evict or allow holdover; Commercial lease: term is equal to original tenancy period; residential lease: month to month tenancy is created

Question 13

Implied warranty of habitability

Answer 13

landlord must provide a place to live that is habitable - only applies to residential leases not commercial leases

Question 14

implied covenant of quiet enjoyment

Answer 14

prevents landlord from interfering with tenant’s enjoyment of property

Question 15

Assignment of Lease

Answer 15

tenant transfers all of remaining interest to another

Question 16

Liability after assignment

Answer 16

original tenant (privity of contract): liable for rent
new tenant (privity of estate): liable for rent and covenants that run with land
landlord: maintenance obligations runs with land

Question 17

Sublease

Answer 17

tenant transfer some of remaining lease interest ; subleasee is not liable to landlord for rent but original tenant is

Question 18

Types of Waste Life Estate Tenant must refrain from

Answer 18

Voluntary: Purposeful damage to property
Ameliorative: making improvements without permission
Permissive: damage to property due to neglect

Question 19

Fee simple absolute

Answer 19

complete conveyance of property with no conditions

Question 20

fee simple defeasible

Answer 20

three types: determinable; subject to condition subsequent; subject to executory interest

Question 21

fee simple determinable

Answer 21

conveyance of property that limits use of property - conveyance of property is automatically terminated ; possibility of reverter

Question 22

fee simple subject to a condition subsequent

Answer 22

conveyance is subject to grantor’s right of entry if a specific condition occurs ; not automatically terminated, grantor has to exercise right of entry

Question 23

fee simple subject to executory interest

Answer 23

reserves a future interest to a third party if a condition occurs

Question 24

indefeasible vested remainder

Answer 24

future interest created for an identified and ascertainable person; not divested or diminished by any condition

Question 25

vested remainder subject to open

Answer 25

vested remainder to a class of person that may increase amount of holders; value to persons can be diminished by increase (ex. children)

Question 26

vested remainder subject to total divestment

Answer 26

vested remainder but right to possession may be defeated by a condition subsequent

Question 27

contingent remainder

Answer 27

the future interest is to a not-yet identified/ascertainable person, or requires an event to occur (condition precedent) for the future interest to be created

Question 28

Shifting Executory Interest

Answer 28

cuts short the interest of one and transfers interest to another - no gap in between transfer, and is done by the same conyevance

Question 29

Springing executory interest

Answer 29

an interest that follows a gap in transfer or cuts short the interest of the transferor

Question 30

difference between executory interest and remainder

Answer 30

a remainder never follows a fee simple interest of any kind, remainder requires a life estate to precede it

Question 31

application of rules against perpetuities

Answer 31

applies to contingent remainders, executory interests, and vested remainders subject to open.

Question 32

Reversion

Answer 32

occurs when grantor transfer a shorter estate than he owns (grantor owns a fee simple and conveys a life estate)

Question 33

Is it a covenant or equitable servitude

Answer 33

look to the remedy: money damages=covenant; equitable relief=equitable servitude

Question 34

Real Covenant

Answer 34

a promise that burdens and benefits the original parties to the promise and their successors - money damages

Question 35

Benefit of covenant

Answer 35

1) Writing 2) intent to bind successors 3) touch and concerns land 4) vertical privity (voluntary transfer from original to new)

Question 36

burden of covenant

Answer 36

1) Writing 2) intent to bind successors 3) touch and concerns land 4) vertical privity (voluntary transfer from original to new) 5) horizontal privity (relationship between original parties ex. grantor/grantee; landlord/tenant) 6) notice (actual, constructive, inquiry)

Question 37

Equitable Servitude

Answer 37

a promise that burdens and benefits the original parties to the promise and their successors - equitable relief aka prevent/stop

Question 38

benefit of equitable servitude

Answer 38

1) writing 2) intent to bind successors 3) touch and concerns land

Question 39

burden of equitable servitude

Answer 39

1) writing 2) intent to bind successors 3) touch and concerns land 4) notice

Question 40

vertical privity

Answer 40

voluntary transfer between original party to new party

Question 41

horizontal privity

Answer 41

relationship between original parties (grantor/grantee; landlord/tenant)

Question 42

notice

Answer 42

actual notice: actually know constructive notice: information is recorded inquiry: due diligence would have informed

Question 43

easement

Answer 43

non-possessory interest in the use of someone else's land

Question 44

easement by gross

Answer 44

relates to only one tract of land and benefits a specific person or owner and does not pass to subsequent owners unless it's for commercial activity (utilities)

Question 45

easement appurtenant

Answer 45

relates to two tracts of lands (servient and dominant) and easement always passes to dominant land, but only passes to servient with notice

Question 46

servient tenement/servient land

Answer 46

land that is being burdened by the easement; requires subsequent owner have notice for easement to run (actual, constructive, inquiry)

Question 47

dominant tenement/dominant land

Answer 47

land that benefits from the easement; always runs to subsequent owners regardless of notice

Question 48

Types of Easement

Answer 48

(1) easement by grant (2) easement by implication (3) easement by prescription (4) easement by necessity (PING)

Question 49

Easement by Grant

Answer 49

(1) writing signed by grantor (2) identifies parties and land (3) indicates intent to create easement - scope is to extent that writing allows

Question 50

Easement by prescription

Answer 50

(1) Continuous use (2) open and notorious use (3) hostile use (4) satisfies statutory period - scope is to extent of use during statutory period

Question 51

easement by implications

Answer 51

(1) land is divided by owner (2) owner established a pre-existing use (3) use was continuous and apparent indicating to others permanency (4) use is reasonable necessary for new owner to enjoy - scope is extent of prior use

Question 52

easement by necessity

Answer 52

(1) land is divided by owner (2) easement is required for new owner to come in and out of land (landlocked) - scope of use is to remedy necessity

Question 53

Terminating Easement

Answer 53

END CRAMP: estoppel, necessity is remedied, destruction of land (involuntary), condemnation of land, released through writing, merger of land (sold to servient/dominant tenement owner), prescription (adverse possession)

Question 54

License

Answer 54

temporary permission to use land for specific purpose (different from easement by gross because it's duration)

Question 55

Profit

Answer 55

allows a person to obtain natural resources from the land of another

Question 56

Nonconforming use of zoning ordinance

Answer 56

if the use was established before the zoning ordinance took effect, the use is allowed - no substantial changes can be made

Question 57

variance to zoning ordinance

Answer 57

person must show (1) actual hardship due to zoning ordinance (not created by person) and (2) must not go against public policy

Question 58

bonafide purchaser

Answer 58

(1) takes property without notice of prior conveyance (2) pays valuable consideration

Question 59

shelter rule

Answer 59

allows a conveyance of any sort from a bonafide purchaser to another person to protect the other person