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Utah Essay Bar Studies > Property > Flashcards

Property Flashcards

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1
Q

Adverse Possession

A

One who wrongfully enters prop excludes gov’t owned land

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2
Q

Req Adverse Possession

A

Continuous
Open and Notorious
Hostile
Exclusive

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3
Q

Continuous AP

A

For statutory period (CL 20 yrs)
Seasonal or infrequent if
Consistent w/ type of property

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4
Q

Open & Notorious AP

A

Used in manner such that
Reasonable true owner on notice
Seasonal sufficient if intended use

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5
Q

Hostile AP

A 
W/ out true owner’s consent
Ignores state of mind (Maj)
Good Faith (Min)
Hostile if thinks rightful owner
Bad Faith (Min)
Knows not his
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6
Q

Exclusive AP

A

Excludes owner and general public

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7
Q

Tacking AP

A

Can tack on predecessor’s time to
Satisfy statutory period if relationship
Such as transfer, contract, or deed

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8
Q

Disabilities AP

A

SOL stayed for true owner at time AP began

Infancy, insanity, prison at time AP began

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9
Q

Color of Title (SoF) AP

A

SoL ran and entered w/ belief owned

Acquires AP for whole prop if significant portion

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10
Q

Formation of Sale of Land K

A

Requires offer, acceptance, and consid

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11
Q

Statute of Frauds Sale of Land

A 
Writing
Signed by party to be charged
Essential terms:
Parties
Description of property
Price and payment info
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12
Q

Exceptions Statute of Frauds Sale of Land

A 
Part Performance (need two):
Payment
Possession
Improvements
Detrimental Reliance (Estoppel):
Reasonably relied upon k AND
Would suffer detrimental hardship
Admission
Rescission: can be oral
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13
Q

Risk of Loss and Equitable Title

A

Buyer Liable unless

Deed states otherwise

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14
Q

Marketable Title

A

Implied covenant title
Free from unreasonable risk of litigation
Have until closing to cure

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15
Q

Time of Essence Sale of Land

A

No Unless k specifically states

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16
Q

Merger Sale of Land K

A

K merges w/ deed
Extinguish all rights/obligations
Under k and following only
Terms under deed

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17
Q

Types of Deeds

A

General warranty deed
Special warranty deed
Quitclaim deed

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18
Q

General warranty deed

A

Protects against all 6 warranties

For all defects

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19
Q

Special warranty deed

A

Protects against 6 warranties

For all defects caused by grantor

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20
Q

Quitclaim deed

A

No warranties and

Receives same as grantor held

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21
Q

Covenants to Deeds

A 
Seisin
Right to convey
Against Encumbrances
Quiet Enjoyment
Warranty
Further Assurances
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22
Q

Req of Deed

A 
Identify Parties
Signed by Grantor (SoF)
Words of Transfer
Sufficient description of property
Delivery
Acceptance
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23
Q

Delivery of Deed

A

Retained by grantor, presumed no transfer
Given to 3rd party, once given ownership retroactive
Given to grantee, presumed valid

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24
Q

Acceptance of Deed

A

Presumed with land

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25
Q

Implied Warranty of Fitness or Suitability

A

Defects in new construction
Used adequate materials and good
Workmanship in working on residence

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26
Q

Duty to Disclose Defects

A

Material physical defects:
Material if substantially affects value
Safety of occupants or desirability

Not readily observable

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27
Q

What Recording Acts Attach to

A

Deeds, mortgages, leases, options,

Judgment affecting title

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28
Q

Types of Recording Acts

A

Race
Notice
Race/Notice

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29
Q

CL Recording

A

First in time, first in right

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30
Q

Shelter Rule

A

Take as if subsequent purchaser

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31
Q

Estoppel by Deed

A

Transfers when not owned

Cannot repossess once owned

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32
Q

Mortgages

A

Security device used to secure payment of debt owed by party (mortgagor) to lender (Mortgagee)

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33
Q

Majority Lien Theory Mortgages

A

Borrower treated as owner

Lender holds lien

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34
Q

Minority Title Theory Mortgages

A

Lender treated as owner

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35
Q

Purchase Money Mortgage

A

Loan obtained for purpose of

Purchasing property

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36
Q

Future Advance Mortgage

A

Line of credit or second mortgage after

Property purchased

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37
Q

Deed of Trust

A

Delivers title to 3rd party (Tee)

Until note paid

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38
Q

Installment Land Contract

A 
Seller retains title until pmt
CL: if buyer breaches
Seller keeps installments and land
ML: some JDX must foreclose, or 
Redemption, or restitution
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39
Q

Absolute Deed

A

Transfer of title for loan

Prove by clear and convincing evidence

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40
Q

Conditional Sale and Repurchase

A

Sells to lender who leases back

W/ option to repurchase when paid

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41
Q

Transfer of Mortgage By mortgagor/borrower

A 
Liability of mortgagor
Remains liable
Liability of transferee
If assumes, personally liable
Takes subject to, not personally liable	
Default
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42
Q

Due On Sale Clause

A

Lender demand full pmt on transfer

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43
Q

Transfer of Mortgage By mortgagee/lender

A

Mortgage follows note

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44
Q

Foreclosure

A

Forced sale of asset to pay debt when

Mortgagor in default

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45
Q

Types of Foreclosure

A 
Judicial sale (by court)
Power of sale (auction by mortgagee)
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46
Q

Equity of Redemption

A

Right of mortgagor to reclaim and
Prevent foreclosure by paying in full
Statutory Redemption

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47
Q

Deed in lieu of foreclosure

A

Convey property in exchange for release

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48
Q

Deficiency from Foreclosure

A

Responsible for remaining after foreclosure

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49
Q

Mortgage Priority

A

First in time

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50
Q

Exceptions of Mortgage Priority

A 
Purchase money mortgage
Recording act
Subordination agreement
Mortgage modifications: do not change priority unless sub burdens
Future-advance mortgages
After-acquired property
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51
Q

Easement

A

Right by one to make specific, limited

Use of land owned by another

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52
Q

Types of Easement

A

Appurtenant
In Gross
Affirmative
Negative

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53
Q

Express Easements

A

Grant

Reservation

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54
Q

Grant Express Easements

A

Created by parties in writing

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55
Q

Reservation Express Easements

A

Conveys land but

Reserves easement for him/herself

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56
Q

Implied Easements

A

By implication
By Necessity
Prescriptive
Easement by Estoppel

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57
Q

Easement By implication

A

Prior use
Continuous and apparent after severance
Reasonably necessary to dominant land

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58
Q

Easement By Necessity

A

Common ownership in past

Strict necessity at severance

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59
Q

Prescriptive Easement

A

AP minus exclusive

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60
Q

Easement by Estoppel

A

Permission by someone to use land
Continuous reasonable reliance
Permission is withdrawn and
Reliance was detrimental

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61
Q

Scope of Easement

A

Defined by first instance of its terms
Change in Scope:
Reasonableness standard
If exceeds, trespasser

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62
Q

Termination of Easement

A 
END CRAMPS
Estoppel
Necessity ends
Destruction
Condemnation
Release
Abandonment
Merger
Prescription
Sub BFP
63
Q

Release Termination of Easement

A

Written and comply with SoF

64
Q

Abandonment Termination of Easement

A

Non-use PLUS

Demonstrating intent

65
Q

Merger Termination of Easement

A

Acquire full title to other property

66
Q

Prescription Termination of Easement

A

Fails to protect against AP

67
Q

Sub BFP Termination of Easement

A

No record, not enforceable

68
Q

Profit Property

A

Non-possessory right to enter land AND

Remove specific natural resources

69
Q

License Property

A

Revocable non-possessory right to

Enter land for particular purpose

70
Q

Covenant Property

A

Promise restricting right to use property or

Impose obligations on owner

71
Q

Req of Covenant Property

A 
WITCH VaN:
Writing
Intent
Touch and Concern
Horizontal (Burden Only)
Vertical
Strict (burden)
Relaxed (benefit)
Notice (Burden Only)
72
Q

Termination of Covenant/Equitable Servitude

A 
DREAM CC:
Destruction
Release
Estoppel
Abandonment
Merger FSA
Condemnation
Changed Circumstances
Purpose impossible to accomplish
73
Q

Remedy of Covenant Prop

A

Damages

74
Q

Req of Equitable Servitudes

A 
WITN:
Writing
Intent
Touch and Concern
Notice (Burden Only)
75
Q

Remedy of Equitable Servitude

A

Injunctive relief

76
Q

Implied Reciprocal Servitudes

A

Planned scheme with mutual rights of enforcement

77
Q

Req of Implied Reciprocal Servitudes

A

Common scheme
Negative servitude
Notice (AIR)

78
Q

Remedy of IRS

A

Injunctive relief

79
Q

Defenses to Covenants and Equitable Servitudes

A 
Acquiescence
Changed Circumstances
Laches
Unclean Hands
Estoppel
80
Q

Acquiescence Defenses to Covenants and Equitable Servitudes

A

Implied permission

81
Q

Changed Circumstances Defenses to Covenants and Equitable Servitudes

A

Does not make sense due to

Drastic changes in surrounding area

82
Q

Laches Defenses to Covenants and Equitable Servitudes

A

Unreasonable delay in claim

Prejudicial to defendant

83
Q

Unclean Hands Defenses to Covenants and Equitable Servitudes

A

Engaged in same conduct

84
Q

Common Interest Ownership Communities

A 
Property owners’ associations:
Required to pay dues by owning property
Condominiums:
Required to pay fee for maintenance 
And use of common areas
Cooperatives:
Owned by corp leases to shareholders
Share fees for taxes and maintenance
85
Q

Existing Nonconforming Property Zoning

A

Occurs when zoning is changed and
Existing structure no longer complies
Grandfathered in but
Cannot expand or switch use

86
Q

Post-Ordinance Nonconformity Zoning

A

Request to use property in
Existing non-conforming way

Variance or
Special Exception

87
Q

Variance Zoning

A

Use:
Right use in manner not permitted
Area:
Restriction on manner property developed

88
Q

Req of Variance Zoning

A 
Result in unnecessary hardship
Circumstances unique to property
Not created by owner
Keeping w/ overall purpose of ordinance
Not substantial harm to general welfare
89
Q

Special Exception Zoning

A

Receives a permit

90
Q

Spot Zoning

A

Singles out for different treatment

91
Q

Procedural Due Process Zoning

A

Right to receive hearing
Present evidence
Receive explanation

92
Q

Dedication Zoning

A

Gives use to gov’t but retains fee owner

93
Q

Riparian Water Rights

A 
Water flowing through or adjacent to land
Reasonable Use:
Cannot transfer separate from land
Prior-appropriation Doctrine:
Can transfer separate from land
94
Q

Lateral Support Rights

A

Excavates
Strictly liable for damage
Except: if contributed, then negligence

95
Q

Subjacent Support Rights

A

Mineral rights owner strictly liable for failure to support

Except: if contributed, then negligence

96
Q

Air Rights

A

Reasonable use UNLESS

Interferes with another’s reasonable use

97
Q

Types of Tenancy

A

Term of Years
Periodic
At Will
At Sufferance

98
Q

Term of Years Tenancy

A

Fixed and ascertainable time

Auto expires at end of term

99
Q

Periodic Tenancy

A

Repetitive, ongoing by set period
Auto renews each period
Notice before end of last period
Based on length of period

100
Q

At Will Tenancy

A

No specified term

30 day notice

101
Q

At Sufferance Tenancy

A

Holdover tenancy

102
Q

Disputes of Tenancy

A

Pay Rent
Condition of Premises
Possession (Eviction)
Improvements (Fixtures)

103
Q

Dispute Pay Rent Tenancy

A

Duty to pay
Look to agreement or RRV
Maj: reasonable effort to rerent
Min: no duty to mitigate

104
Q

Defenses of Pay Rent Tenancy

A 
Failure to Deliver Possession
Destruction
Constructive
Implied Warranty of Habitability
K concepts
Surrender and acceptance
105
Q

Failure to Deliver Possession Defense to Pay Rent

A

Majority: legal and physical possession required

106
Q

Destruction Defense to Pay Rent

A

CL: T responsible
ML: L responsible

107
Q

Constructive Eviction Defense to Pay Rent

A

LL breaches duty to
Tenant that Substantially interferes
W/ T’s use and enjoyment

108
Q

Req of Constructive Eviction

A

T notice
LL given time to fix
Vacates w/in reasonable time

109
Q

Implied Warranty of Habitability Exception to Rent

A

Maintain such that property reasonably suited for residential use

110
Q

Req of Implied Warranty of Habitability

A 
Notice to LL
May
Terminate and move
Repair and deduct
Pay reduced rent and sue
111
Q

Condition of Premises Exception to Rent

A 
LL maintain common areas for defects AND
Make necessary repairs
T avoid Waste
Affirmative: voluntary
Permissive: negligent
Ameliorative: increases value
112
Q

Possession Exception to Rent

A

CL: lock out and reasonable force
ML: no self help and use legal process

113
Q

Retaliatory Eviction Doctrine

A

Cannot evict T for
Reporting housing code OR
Withholding rent due to habitability

114
Q

Improvements Exceptions to Rent

A

CL: stay w/ prop if attached UNLESS
Trade fixture
ML: Remove if does not damage AND
Done before end of lease

115
Q

Transfer by LL

A

LL can assign or delegate but requires supervision w/ out T approval

116
Q

Assignment by Tenant

A

Complete transfer
New T: liable to LL
Old T: liable to LL

117
Q

Sublease by Tenant

A

Partial transfer
New T: not liable to LL
Old T: liable to LL

118
Q

Novation of Transfer Tenant

A

Release OG from liability

119
Q

Present Interests Land

A

Fee Simple Absolute
Life Estate
Fee Simple Determinable
Fee Simple Subject to Condition Subsequent
Fee Simple Subject to an Executory Interest

120
Q

Fee Simple Absolute

A

Largest possessory estate
Capable of lasting forever
“And his/her heirs”

121
Q

Life Estate

A

Duration of life
Pur Autre Vie
Life of another

122
Q

Obligations of Life Estate Tenants

A

Mortgage interest
Repairs reasonable
Taxes reasonable
No waste

123
Q

Fee Simple Determinable

A

Limited by durational language

“While, during, until, so long as, unless”

124
Q

Fee Simple Subject to Condition Subsequent

A

Limited by conditional language

“Provided that, on condition that, however if, but if”

125
Q

Fee Simple Subject to an Executory Interest

A

Upon occurrence of particular event

Auto passes to 3rd party

126
Q

FI Transferor

A

Reversion
Possibility of Reverter
Right of Entry

127
Q

Reversion

A

Future interest in grantor

Follows life estates or estate for years

128
Q

Possibility of Reverter

A

Follows FS determinable

Auto reverts to grantor

129
Q

Right of Entry

A

Follows FS Subject to Condition Subsequent

Must exercise right

130
Q

Doctrine of Worthier Title

A

Remainder in grantor’s heirs

131
Q

FI Transferee

A

Remainder

Executory Interest

132
Q

FI Remainder

A

Future interest in 3rd party
Vested
Contingent

133
Q

Vested Remainder

A

Not subject to condition

Precedent AND ascertainable

134
Q

Types of Vested Remainder

A

Vested Subject to Open

Vested Subject to Complete Divestment

135
Q

Vested Subject to Open

A

Class gift w/ one member vested

136
Q

Rule of Convenience

A 
Closes class when member 
Entitled to immediate possession
137
Q

Contingent Remainder

A

Unascertainable OR subject

To condition precedent

138
Q

Alternate Contingent Remainder

A

Two parties have contingent AND

Pivots on same condition

139
Q

Rule in Shelley’s Case

A

Prevents remainders in grantee’s heirs

140
Q

Executory Interest

A 
Upon occurrence of condition
Auto reverts to 3rd party
Springing
Divests interest of grantor
Shifting
Divests interest of grantee
141
Q

Absolute restraint on alienation

A

Void

142
Q

Rule Against Perpetuities

A 
A life plus 21 years
Apply to:
Contingent Remainders
Executory Interests
Vested Subject to Open
143
Q

Types of Concurrent Ownership

A

JT
TE
TC

144
Q

JT

A

Two or more hold
Single, unified interest w/
Right of survivorship

145
Q

Req of JT

A 
PITT:
Possession
Interest
Title
Time
146
Q

Severance of JT

A 
Transfer
Title Theory Mortgage severs
Lease on whole prop to 3rd party
Split JDX
Ouster
Partition
147
Q

TE

A

Only for married similar to JT

148
Q

TC

A

No right of survivorship
Undivided interest w/ unrestricted access to prop
Default

149
Q

Rights of Obligations of Concurrent Ownership

A 
Ouster
Profits
Rent
Operating Expenses
Repairs and Improvements
150
Q

Ouster

A

One co-tenant refuses to

Allow access to another

151
Q

Profits Concurrent Ownership

A

No required to share from use EXCEPT mining

152
Q

Rent Concurrent Ownership

A

Must share received from 3rd parties

153
Q

Operating Expenses Concurrent Ownership

A

Cannot collect for more than her portion

154
Q

Repairs and Improvements Concurrent Ownership

A

No right to reimburse

Utah Essay Bar Studies (16 decks)

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