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Bar Exam > Property > Flashcards

Property Flashcards

1
Q

Joint Tenancy

A

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

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2
Q

tenancy in common

A

default estate for multiple people holding interest

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3
Q

effect of joint tenancy obtaining mortgage in title theory jurisdiction

A

severs joint tenancy

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4
Q

effect of joint tenancy obtaining mortgage in lien theory jurisdiction

A

does not sever joint tenancy

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5
Q

leasing property as joint tenant

A

severs joint tenancy in most states

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6
Q

Co-tenant’s right to rent

A

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

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7
Q

Co-tenant’s right to reimbursement

A

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

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8
Q

lease

A

grants tenant present possessory interest in property for limited time

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9
Q

Tenancy for years

A

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

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10
Q

periodic tenancy

A

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

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11
Q

tenancy at will

A

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

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12
Q

hold over doctrine

A

when a tenant remains on property past agreed time, landlord can evict or allow holdover; common law: term is equal to original tenancy period; modern view: month to month tenancy is created

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13
Q

Implied warranty of habitability

A

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

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14
Q

implied covenant of quiet enjoyment

A

prevents landlord from interfering with tenant’s enjoyment of property

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15
Q

Assignment of Lease

A

tenant transfers all of remaining interest to another

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16
Q

Liability after assignment

A

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

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17
Q

Sublease

A

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

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18
Q

Types of Waste Life Estate Tenant must refrain from

A

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

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19
Q

Fee simple absolute

A

complete conveyance of property with no conditions

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20
Q

fee simple defeasible

A

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

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21
Q

fee simple determinable

A

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

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22
Q

fee simple subject to a condition subsequent

A

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

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23
Q

fee simple subject to executory interest

A

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

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24
Q

indefeasible vested remainder

A

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

25
Q

vested remainder subject to open

A

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

26
Q

vested remainder subject to total divestment

A

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

27
Q

contingent remainder

A

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

28
Q

Shifting Executory Interest

A

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

29
Q

Springing executory interest

A

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

30
Q

difference between executory interest and remainder

A

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

31
Q

application of rules against perpetuities

A

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

32
Q

Reversion

A

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

33
Q

Is it a covenant or equitable servitude

A

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

34
Q

Real Covenant

A

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

35
Q

Benefit of covenant

A

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

36
Q

burden of covenant

A

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)

37
Q

Equitable Servitude

A

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

38
Q

benefit of equitable servitude

A

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

39
Q

burden of equitable servitude

A

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

40
Q

vertical privity

A

voluntary transfer between original party to new party

41
Q

horizontal privity

A

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

42
Q

notice

A

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

43
Q

easement

A

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

44
Q

easement by gross

A

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)

45
Q

easement appurtenant

A

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

46
Q

servient tenement/servient land

A

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

47
Q

dominant tenement/dominant land

A

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

48
Q

Types of Easement

A

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

49
Q

Easement by Grant

A

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

50
Q

Easement by prescription

A

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

51
Q

easement by implications

A

(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

52
Q

easement by necessity

A

(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

53
Q

Terminating Easement

A

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)

54
Q

License

A

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

55
Q

Profit

A

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

56
Q

Nonconforming use of zoning ordinance

A

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

57
Q

variance to zoning ordinance

A

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

58
Q

bonafide purchaser

A

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

59
Q

shelter rule

A

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

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