Property

Question 1

What is a Joint Tenancy? How do you create it?

Answer 1

*JT is like a Tenancy in Common but with a right of survivorship
*today need specific survivorship language to create
*to create you need PITT:
P - Possession - each has undivided right to possess
I - Interest - each has identical interest
T - Time - acquired interests at same time
T - Title - rights created from same deed/will

Question 2

Real Property Contract - Statute of Frauds requires the signed writing contain:

Answer 2

• Names of B & S
• Description of property
• Price

Question 3

What excuses requirement of signed writing?

Answer 3

Part Performance (PIP)
P - Payment
I - Improvements to property
P - Possession of property
*payment alone is not enough
*most commonly payment plus one other required

Question 4

Different Types of Deeds: Quitclaim, Special Warranty, General Covenant and Warrant Deed (Full Warranty Deed)

Answer 4

• Quitclaim - grantor covenants to give only what he has
• Special Warranty - covenants only that grantor has not encumbered the property’s marketability during ownership period
• Full Warranty Deed - includes 6 covenants (SEC FEW)

Question 5

General Covenant and Warrant Deed (Full Warranty Deed) - 6 covenants

Answer 5

(SEC FEW)
S - SEISIN - G possesses quantity and quality purported
E - covenant against ENCUMBRANCES
C - covenant of right to CONVEY
F - FURTHER assurances - G will clear up title if needed
E - quiet ENJOYMENT - no disturb by 3rd party interest
W - WARRANTY - forever warrants and will defend against legal attack

Question 6

Adverse Possession - elements

Answer 6

Carol Only Eats Haribo (COEH)
C - continuous - in manner of true owner
O - open and notorious - so that owner would see
E - actual and exclusive - exclusion of owner and public
H - hostile - no permission

Question 7

Adverse Possession - how hostility element negated

Answer 7

OPA
O - offers to buy land
P - permission to be there by owner
A - acknowledges true owner is O, not him

Question 8

Types of Easements

Answer 8

PIGS
P - easement by PRESCRIPTION (adverse possession)
I - easement by IMPLICATION - implied from prior owners use. Usually arises when owner gives one part away (CRAB elements)
G - easement by GRANT - signed writing
S - easement by STRICT necessity - landlocked
**can be extinguished by “merger”

Question 9

Easement by Implication - elements

Answer 9

CRAB
C - COMMON owner divides parcel
R - REASONABLY necessary/highly convenient
A - use was APPARENT upon reasonable inspection
B - prior owner used one part for BENEFIT of the other

Question 10

Types of Fee Simples

Answer 10

SAD
S - fee simple SUBJECT to condition subsequent (BOP)/precedent
A - fee simple ABSOLUTE
D - fee simple DETERMINABLE (SUD)

Question 11

Fee Simple subject to condition subsequent - language and grantor interest

Answer 11

• “to x and his heirs…” (BOP) but if, on condition that, provided
• grantor retains right of reentry

Question 12

Fee simple determinable - language and grantor interest

Answer 12

• “to x and his heirs…” (SUD) so long as, until, during

* grantor retains possibility of reverter (immediate forfeiture by law if condition occurs)

Question 13

Covenants running with the land - elements

Answer 13

PINTS
P - privity of estate
I - intent that it run with the land
N - notice (CIA)
T - "touch and concern"
S - signed 
*no privity needed for equitable servitude

Question 14

covenants running with the land - four types of scenarios

Answer 14

CANS
C - COMMON owner gives away part of land and covenant imposed for portion of land retained
A - covenant between ADJOINING land owners for mutual benefit (equitable servitude bc no privity)
N - grantor gives away all land and covenants for benefit of NEIGHBORS
S - common SCHEME or plan for the future benefit of all homeowners in housing development

Question 15

Leasehold Estates (4 types)

Answer 15

1. Tenancy for years - must be in writing if over a year
2. Periodic tenancy
3. Tenancy at will
4. Tenancy at sufferance

Question 16

Periodic Tenancy

Answer 16

• repeated similar period
• automatically renewed if no notice
• notice usually amt of pay period, but if its yearly then six months required
• arises if there’s an invalid lease (not signed) and L accepts payment. Can also arise if L accepts payment from tenancy at sufferance
  ex: month to month lease

Question 17

Tenancy at Will

Answer 17

• no fixed duration, voidable by either party at any time
• requires express agreement (otherwise treated as periodic tenancy)
• no notice required but reasonable demand to vacant premises is required

Question 18

Tenancy at Sufferance

Answer 18

• default tenancy that arises when a tenant continues to possess after lease expires
• if L accepts rent it becomes a periodic tenancy governed by terms of expired lease
• if L doesn’t accept rent then T liable for fair market rental value of property. May also be liable for foreseeable consequential damages

Question 19

Landlord Duties - Implied covenants in a lease

Answer 19

HEARS
H - implied warranty of HABITABILITY (residential only)
E - implied covenant of quiet ENJOYMENT 
A - ASSIGNABILITY
R - good REPAIR (L in residential)
S - minimal SECURITY precautions

Question 20

Implied covenant of quiet enjoyment - how breached

Answer 20

*actual eviction
*constructive eviction (SING)
Substantial Interference
Notice
Goodbye!
**note that if tenant doesn’t want to leave they can sue for breach of implied warranty of habitability

Question 21

Federal Fair Housing Act

Answer 21

• prohibits discrimination in the financing, sale, or rental on multi family housing on the basis of race, gender, religion, handicap, family status, mental disabilities
• advertisements indicating discrimination also unlawful