Property

Question 1

**Must the recission of a land contract be in writing/signed?

Answer 1

No

Question 2

warranty deed

Answer 2

protects against TITLE deficiencies (MEL - mortgages, liens, encumbrances)

Question 3

**How do you terminate a granted easement (appurtenant), where right of use attaches to the land?

Answer 3

via release (written, by beneficiary) or abandonment (physical action showing intent to abandon further use)

Question 4

**What happens when the benefitted land (lucky guy that has a granted easement to use the servient estate) is transferred?

Answer 4

The granted easement runs with the beneficiary’s land (dominant estate)

Question 5

**If the recording statute “has no timing provisions,” then which type is it?

Answer 5

Notice statute, which means if second purchaser is a bona fide purchaser without notice, then #2 wins

Question 6

**After foreclosure, who gets priority: a right preserved in the original deed, or the purchase money mortgagor?

Answer 6

right preserved in the original deed (eg “owner can take back home for 1K if buyer uses land for commercial purposes”)

Question 7

**covenant of further assurances

Answer 7

grantor will do whatever is necessary to remove a defect associated with TITLE, such as an encumbrance, if it arises, and if the problem is not fixed, damages will be awarded.

Question 8

A has life estate, B has remainder. During A’s life estate, who has to pay taxes and interest?

Answer 8

A (life estate) must make repairs and pay real estate taxes and mortgage interest (the remainder men pay the principal)

Question 9

in installment contract of real estate sale, by when does Seller need to delivery marketable title? At beginning of installment contracts, or after they’re paid?

Answer 9

by time of closing, which could be years :O

Question 10

**to get new buyer to assume existing mortgage, does the deed conveying that assumption need to be signed?

Answer 10

no signature required, just acceptance

Question 11

**After being recorded for first time, does expressly granted easement need to be re-identified in deed accompanying future conveyances?

Answer 11

No, the recording provides notice

Question 12

**how does consideration not being paid (whether recited in the deed or not) fit into the validity of conveying a deed?

Answer 12

consideration is irrelevant: only requirements to validly convey land are the deed’s execution and delivery.

so if deed was validly executed and delivered and it said “this conveyance was in consideration of $X,” but buyer ultimately didn’t pay, property is still the buyer’s

Question 13

can co-tenant A collect from B (both TIC) for property taxes paid by A?

Answer 13

A co-tenant can collect contribution from the other co-tenants for paying more than his portion of operating expenses, including property taxes

Question 14

**A and B own Greenacre via TIC. B leases out his interest. Can A collect on that rent?

Answer 14

Yes. A co-tenant must account to other co-tenants for rent received from third parties. Each tenant is entitled to an amount of the rents proportionate to his ownership interest (so A owns 50% of Greenacre, A can get 50% of B’s rental proceeds)

Question 15

**fee simple with a durational condition (“so long as”) is called what?

Answer 15

fee simple determinable

Duration -> Determinable

Question 16

what’s the name for an unreasonable restriction on receiver’s ability to transfer property?

Answer 16

restraint on alienation

the law favors the transfer of property (court will strike this out if unreasonable)

Question 17

**Redemption (ability to pay back fully to avoid losing home to foreclosure) must be done by when?
two options: (1) equitable right and (2) statutory right

Answer 17

EQUITABLE right applies until foreclosure

STATUTORY right (if jdx has one) = extension: applies within X period of time AFTER foreclosure

Question 18

RAP = by 21 years after the death of the validating lives (those mentioned?), we need to know what’ll happen.

Answer 18

If it’ll be known within the lifetime of the validating lives whether condition will occur, then no problem

Question 19

**equitable conversion re: property conveyance

if a seller dies after a contract has been formed but before it has been completed, the affected real property goes to who? must it still be sold?

Answer 19

taker of seller’s real property basically steps into decedent’s shoes

the affected real property will pass to the taker of the seller’s real property. Then at closing the property must be conveyed to the buyer, and proceeds from the sale pass to the taker

Question 20

Does an expressly granted easement transfer automatically when the land is transferred?

Answer 20

Yes

Question 21

Merger terminating easement =

Answer 21

person OWNS both properties (a life estate isn’t enough)

because once he owns both, no easement needed – he OWNS the whole land

Question 22

Deed to grantee who doesn’t exist yet is okay or void?

Answer 22

void (given to “corporation” that was supposed to be 2 guys but they ultimately didn’t create it)

Question 23

Sellers of real property are obligated to disclose problems that could affect the property’s value or desirability. typically, it’s illegal to fraudulently conceal major physical defects in the property.

Generally, are sellers responsible for disclosing only information within their personal knowledge?

Answer 23

yes, only have a duty to disclose known defects

Question 24

life estate tenant has duty not to commit voluntary waste, which includes what 3 things?

Answer 24

keep the property in repair, pay property taxes, and pay mortgage interest.

Question 25

what 2 things are needed for land conveyance’s validity?

Answer 25

execution of deed (D’s signature) + delivery (intent)

Question 26

Covenant of further assurances

Answer 26

Deals with TITLE, not latent defects

wouldn’t be in a quitclaim deed, which contains no covenants, and in which grantor is not liable for any post-closing problems

Question 27

can right of re-entry automatically pass to heir?

Answer 27

yes

Question 28

Is a co-tenant generally required to pay rent to the other co-tenants for the value of her OWN use of the property, even when the other co-tenants do not use the property?

Answer 28

no, because all have co-equal right of possession

Question 29

Can a co-tenant collect contribution from the other co-tenants for paying more than his portion of necessary or beneficially spent operating expenses (e.g., taxes or mortgage interest)

Answer 29

yes, though a co-tenant in sole possession can collect only for the amount that exceeds the rental value of the property.

Question 30

Is there a right to reimbursement from co tenants for repairs made to the property, even when those repairs are necessary?

Answer 30

no

Question 31

When all joint tenants of real property execute a mortgage, may the mortgagee enforce the mortgage against all joint interests upon default?

Answer 31

yes

Question 32

does anticipatory repudiation apply to leases (ie can you collect for future months)?

Answer 32

Maj: no

Landlord is only entitled to rental payments as they become due.

Since the chef has failed to pay the rent for the four months since she vacated the premises, she is currently liable for that amount.

Question 33

does purchase money mortgage have priority over prior liens?

Answer 33

have priority over all earlier liens/non-purchase-money mortgages and liens whether or not recorded (state doesn’t mater)

Question 34

Does obtaining a judgment and filing it in the county = recording it?

Answer 34

yes

Question 35

**“without notice unless the same be recorded according to law”

Answer 35

(#2 has no notice and is a bona fide purchaser)

No “first” = notice statute = no one recorded, u win
(u auto win if #1 didn’t record)

“first” = race-notice = u must record first to win (first = first place in race to record)

Question 36

Does modifying a senior mortgage forfeit the mortgage’s priority over a junior mortgage?

Answer 36

no, except to the extent that the mortgage prejudices the junior mortgage.

Example: the senior mortgagee subordinates its interest only as to the modification (here, the additional $25,000 wedding loan), while the original mortgage remains superior.

Question 37

Is an increase in the scope of an easement caused by use generated for the benefit of property other than the dominant estate (eg use road easement benefitting Factory 1 on Estate 1 for new 2nd factory on new 2nd plot of land) permitted?

Answer 37

no

Question 38

**can K be rescinded if performance isn’t given on closing day?

Answer 38

no (it’s breach but that’s not the proper remedy), UNLESS K says time’s of the essence

Question 39

tenant in leased mansion. tennis courts are condemned (eminent domain’d) by state. Must tenant still pay rent?

Answer 39

yes, though compensated for lost courts

Question 40

**how can you terminate a covenant?

Answer 40

by abandonment if the parties to the covenant act in an affirmative way that shows a clear intent to relinquish the covenant right [both dismantle wall];

mere non-use or statements of intent without affirmative conduct will not constitute abandonment.

Question 41

Does the execution and recording of a deed creates a rebuttable presumption that the deed is delivered/presently operative?

Answer 41

yes

Question 42

must death escrow be out of your control to be valid?

Answer 42

yes (eg give to attorney but do NOT reserve right to take it back, even if u notified future recipient)

Question 43

Is a seller being unaware of a defect enough to protect him?

Answer 43

yes (though an inspection isn’t enough to say “Oh I inspected it once, didn’t see it, so not known)

Question 44

Does easement owner have a right/duty to make repairs for its purpose?

Answer 44

yes

Question 45

May easement owner require owner of servient estate to contribute if they use it too?

Answer 45

yes

Question 46

Equitable conversion doctrine

Answer 46

pending contract –[risk on S]– enter/execute contract –[B]– closing

seller retains legal title to real property during the pendency of the land-sales contract, and that equitable title passes to the buyer upon entering the contract

place the risk of loss during the time b/t the execution of K and the closing on the buyer, regardless of whether the buyer takes possession of the property

Question 47

**Federal Housing Act applies to…

Answer 47

Applies to rental + sale

Applies to housing-related transactions like ads, financing, homeowner’s insurance, zoning

Question 48

When can a tenant remove a fixture that she attached to leased property?

Answer 48

(i) if the leased property can be and is restored to its former condition after the removal, and
(ii) the removal and restoration is made within a reasonable time.

Although a reasonable time for removal generally does not extend beyond the termination of the lease, it may do so when

(i) the termination is not due to a breach by the tenant, and
(ii) the date of termination is not foreseeable by the tenant sufficiently far enough in advance to permit removal before the termination of the lease

Question 49

**General warranty deed protects buyer from defects in home’s condition, title, or both?

Answer 49

The six covenants of title in every general warranty deed only protect the buyer from defects in title, NOT defects in the condition of the home

Question 50

HOA review board must act ___ when reviewing an issue that’s under it’s control

Answer 50

(eg if rule says it has sole power to determine for any reason whether an aesthetic can be placed, then it has the power to do that, as long as it acts reasonably)

Question 51

may right of re-entry be transferred by holder during her lifetime?

Answer 51

no

Question 52

Is a cousin (TIC, owns 40%) entitled to the rents received by the sister (TIC, owns 60%) from the third party in proportion to his ownership interest (40%) in the farm?

Answer 52

yes

Question 53

**Can cousin (40%) prevent sister from leasing the whole farm to a third party?

Answer 53

no, because she has full possessory rightsas a TIC and is leasing it

Question 54

**does the granting of a mortgage by fewer than all of the joint tenants sever the JT?

Answer 54

no

Question 55

Dad gives son 1/3 interest and daughter 2/3 interest as “joint tenants with the right of survivorship.” JT created?

Answer 55

no because unequal shares

Question 56

tenant [Crunch] [is / is not] bound to honor any covenant in his lease that has been assigned by the landlord [Gym Facility Landlord] to a new landlord, if the covenant touches and concerns the land [even when landlord changes]

Answer 56

is

Here, the liability waiver touches and concerns the land because it has to do with clients using gym equipment in the gym facility.

Question 57

Absent contrary language, is an implied covenant of marketable title (i.e., a title free from defects) part of a land sales contract, regardless of the type of deed created?

Answer 57

yes

Question 58

until when is the seller required to deliver marketable title?

Answer 58

until CLOSING (not contracting)

Even if D didn’t own the property when deal was made and P had made deposit!
P must WAIT until closing (or reasonably after if time is of the essence) to sue

Question 59

**Is transferee/purchaser strictly liable for any damage that occurs to existing structures [so, before the transfer] on the land as a consequence of subsidence caused by the removal of the oil or minerals?

Answer 59

yes

Question 60

**Is the owner of mineral rights liable for damage done to structures built on the surface of the land after the mineral rights were transferred, as long as they exercised reasonable care in removing the minerals?

Answer 60

no

Question 61

nuisance

Answer 61

May be negligent, reckless, intentional, abnormally dangerous activity

Unreasonable + substantial –> unreasonable = injury outweighs utility

Public nuisance = unreasonably interferes with health, safety, property rights of community, sue if uniquely impacted

Question 62

TITLE THEORY STATE: is legal title in the mortgagee (credit union) until mortgage has been fully paid?

Answer 62

yes (credit union technically can possess anytime but K terms typically say no)
title = legal title

Question 63

LIEN THEORY STATE: can mortgagee [credit union] take possession prior to foreclosure?

Answer 63

no, bc the mortgagor (borrower) is considered to be the owner of the land until foreclosure (niceeee…lean wit it)

Question 64

**does wild food pass down to new property owner?

Answer 64

yes, unless it’s been harvested and cultivated (then it’s personal property of harvester)

Question 65

remember that deed takes effect immediately and thus beats a will

Answer 65

:O
son’s acceptance is presumed at the moment that the owner delivered the deed to the neighbor since the transfer was beneficial to the son

Question 66

**Seller dies after executing land-sale contract but before conveying. To who does the property and proceeds go to if the will said personal property goes to A but real property to B?

Answer 66

common law = property to buyer, proceeds to personal property person

anti-ademption statute = property to to real property guy then to buyer, so proceeds to real property guy

buyer can compel the executor of the seller’s estate to honor the contract and transfer the property to the buyer.

Question 67

if a fraud concerning land is the subject matter of a dispute, then the site where the [fraud or land] happened determines which state’s laws apply

Answer 67

where the fraud took place. but when it’s solely a property issue, then it’s where the land is situated

Question 68

when a person “alters the instrument,” they commit a forgery

Answer 68

that renders it an invalid deed – subsequent purchaser not expected to discover the alteration , even if recorded

Question 69

are courts reluctant to recognize an affirmative burden to pay money over an indefinite period of time (eg HOA requiring annual dues for indefinite period)?

Answer 69

yes

Question 70

a remainder is contingent if…

Answer 70

there’s a condition precedent that must be satisfied before the interest will vest in the remaindermen

Question 71

does visiting the land less often than annually typically preclude adverse possession?

Answer 71

yes unless it’s a place that’s only to be used seasonally (continuous)

Question 72

does occasional hunters on the property [during the time you’re trying to adverse possess] preclude adverse possession?

Answer 72

yes (no exclusivity)

Question 73

**3 year lease. In year 2, tenant leases to friend, who doesn’t pay rent for a year.
Year 3, OG tenant takes over, paying nothing for final year.
Who can landlord go after for year 2 and year 3?

Answer 73

tenant only, for both years, because it was a sublease (and privity b/t landlord and friend)

Question 74

**“to my neighbor, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to my son and his heirs.” What’s the son’s interest in the farm?

Answer 74

nothing, violates RAP because it could be waaaay more than a life+21yrs before we know whether it’ll go to son

Question 75

S sells B a home w/ warranty deed. then 3P sues B for quiet title. B wins, but wants S to pay for the suit’s expenses. should S pay?

Answer 75

no. only would’ve had to pay if B lost (which would’ve proved that S had a title defect aka a lawful/reasonable title claim).

Question 76

if a subdivision plan is recorded (and outlines restrictive covenant preventing mobile homes), and purchaser’s deed of lot on the subdivision doesn’t mention the covenant, is he still bound by it?

Answer 76

yes, because recorded = notice… + intent that it runs w/ the land + touches/concerns the land + privity of estate

Question 77

**easement appurtenant

Answer 77

allows access to land (like a driving road) that’s only accessible through a neighbor’s land.
benefits the dominant estate and runs w/ the land, so transfers automatically when dominant estate is transferred

Question 78

easement by implication

Answer 78

adverse possession easement (including easement by necessity), or implied from recorded subdivision plan

if express easement creates it, then no need for easement by implication

Question 79

easement by necessity requires that the lands had been in ___

Answer 79

common ownership, and the necessity existed when the lands were severed

Question 80

does an easement by prescription (like adverse possession) need to be exclusive (not used by others)?

Answer 80

no :O

Question 81

adverse possession elements

Answer 81

ECHO-A

exclusive (cant share possession)

continuous (unbroken period of time, unless seasonal is okay)

hostile

open and notorious (can’t be secret)

actual possession (trespasser must be physically present, treating as own)

Question 82

is it considered waste if a life tenant changes the basic use of the land and that change will increase the land’s value?

Answer 82

yes voluntary waste (affirmative act that “damages” the land)

Question 83

in a COMMERCIAL lease, if the tenant has attached trade fixtures to the building (eg lighting), can tenant remove them before lease?

Answer 83

yes unless will cause substantial damage that cannot be restored

Question 84

can a joint tenancy be severed by a will?

Answer 84

no, automatically goes to surviving JT

can only be severed by partition or by making an inter vivos conveyance of one’s entire interest (sale/transfer)

Question 85

how can tenant overcome lack of signed writing to show that landlord had orally promised to sell him land after 5 years of monthly payments?

Answer 85

by proving a part performance of an oral agreement [that contained a promise of land sale]. if not, court will assume the oral agt didnt exist, because no performance related to it / no signed writing

Question 86

generally, is any restriction on the transfer of a legal interest in property valid or invalid?

Answer 86

invalid

but options and rights of first refusal are valid if reasonable

Question 87

do most states require that settlements be conducted by an attorney?

Answer 87

no, okay if agent only (though if agent does it, can’t offer legal advice as if they were attorney)

non-attorney CANNOT answer legal questions because that’d be practicing law

Question 88

in which two instances can a security deposit be retained?

Answer 88

1) failure to pay rent

2) damages to premise beyond normal wear and tear

Question 89

**what can landlord do when premises are used for illegal purpose?

Answer 89

terminate the lease or seek injunctive relief

Question 90

co-tenants have a right to contribution from each other for certain expenditures, like taxes, mortgage payments, and necessary repairs

Answer 90

logical because even though a co-tenant owns only part of the land, each of the expenditures must be paid in FULL (so everyone must contribute their share so the payments add up to 100%)

Question 91

can a mortgage cause severance of joint tenancy?

Answer 91

yes, if it’s a title theory state (no if lien title..lean wit it..keep JT).
Ttttitle –> becomes TIC

Question 92

man and woman had JT of home. Title theory state. man takes out mortgage; woman doesn’t. Man dies before paying off mortgage, son is heir. what does woman, man, and son own, and who’s is subject to mortgage (or is none of it?)

Answer 92

half the woman (free of mortgage), half the son (mortgage)

Title -> JT becomes TIC due to mortgage

Man’s interest is subject to mortgage, transferred to son subject to mortgage

woman’s was never subject to mortgage

Question 93

what’re the main ways of creating an easement?

Answer 93

PIE (farm)
by
prescription
implication 
express grant

Question 94

easement appurtenant requires how many pieces of land?

Answer 94

appurtenant = AP = requires TWO pieces of land (dominant, which is benefited, and subservient)

Question 95

in case involving real property, if there’s a conflict re: which state’s law should be applied to resolve the issue (eg a CONTRACT issue), court should apply the choice of law rules of where the K was signed, or where the property is?

Answer 95

property

Question 96

does simply calling the restriction a servitude or covenant w/in the fact pattern automatically make it one?

Answer 96

no

Question 97

**EQUITABLE SERVITUDE elements

Answer 97

1) INENT for the restriction to bind and be enforceable by subsequent grantees (‘this agt shall bind all successor owners and they may enforce this covenant’)
2) subsequent grantees had NOTICE (deed recorded)
3) restriction TOUCHES AND CONCERNS the land (eg restriction on type/number of buildings)

Privity of estate is NOT required; only for a covenant

Question 98

can 2 men jointly get adverse possession on land? isn’t that a violation of “exclusivity”?

Answer 98

2 men can because exclusivity = exclusive from true owner/public at large

Question 99

where there’s both a senior and junior mortgage, modifications to the senior mortgage that are ___ to the junior mortgage, such as raising the __ rate or __ amount, thus making it more burdensome (thus steroid-ing the odds that THAT mortgage will be unpayable first), will give the junior mortgage priority

Answer 99

detrimental, such as raising the interest rate or principal amount

Question 100

grantor conveyed “to my daughter, her heirs and assigns, so long as the premises are used for residential purposes, then to her son and his heirs and assigns.” What’s the grantor’s interest?

Answer 100

possibility of reverter

strike “then to her son and his heirs and assigns” because violates RAP - could be 1,000 years till that part happens

left with “to my daughter, her heirs, so long a premises re used for residential” -> grantor has possibility of reverter

Question 101

**coveyance of land deed requires what?

Answer 101

ED

execution (signed by grantor) + delivery (intent to pass title) of deed

Question 102

what happens if recipient of deed rejects it?

Answer 102

then it’s rejected and there was NO EFFECTIVE ACCEPTANCE. otherwise, grantee’s acceptance is generally assumed

Question 103

**equitable estoppel

Answer 103

equitable estoppel -> estop! not equitable! -> not fair to F over person who detrimentally relied

detrimental reliance - one party induces another, through false language/conduct, to act to his determinant. prevents disadvantage to the injured party.

Question 104

does selling a house w/ quitclaim deed to buyer mean that seller nevertheless must at least provide marketable title

Answer 104

no..quitclaim deed sells “as is” w/r/t to title lol. no marketable title necessary

Question 105

inquiry notice

Answer 105

if someone else’s possession and use of the land is open and notorious (or if an inspection would’ve showed you that someone else possess it), then subsequent grantee DOES have inquiry notice (and thus not protected by notice statute, which requires lack of notice)

Question 106

what counts as “continuous” under adverse possession?

Answer 106

only requires the degree of occupancy and use that the AVERAGE OWNER would make of the property (adverse possessor using a plot to store waste but removing it 1 month a year, isn’t enough to defeat continuous possession)

Question 107

equitable conversion

Answer 107

after contract is signed re: land, risk of loss switches to buyer

it’s only “equitable” that risk of loss “converts” to buyer once the contract is signed

Question 108

although the lender’s policy of title insurance ended when the loan was repaid, does an owner’s policy of title insurance continue to protect the owner if the owner (here, the buyer) is ever successfully sued on a title covenant in a future conveyance?

Answer 108

yes

Question 109

an HOA may impose restrictions on structures or landscaping only if authorized by __ or __

Answer 109

statute or the governing documents

Question 110

title insurance policy

Answer 110

insures that a good record of title of the property exists as of the policy’s date, and agrees to defend the record title if litigated

Question 111

title insurance policy can be purchased by a property owner of the mortgage lender

does it protect only the person who owns the policy / only the lender?

Answer 111

an owner’s policy protects only the person who owns the policy

But a lender’s policy follows any assignment of the mortgage loan

Question 112

**requirements for a real covenant to bind successors

Answer 112

PINT
privity
intent for the covenant to bind successors
notice to the person the covenant is being enforced against
covenant must touch and concern the land

covenant remedy = damages; equitable servitude = injunction

Question 113

when a mortgagee (bank), which has the right to enter property to correct waste, utilizes their interest in the property by entering it and running it, is the mortgagee (bank) taking possession of the property? Is it in the position of an agent or owner when someone suffers a tort in the land while the mortgagee was fixing stuff?

Answer 113

owner because the bank was a mortgagee in possession (so: liable as owner)

Question 114

**an easement by implication/necessity is created when the owner of a tract of land sells a part of the tract, and by this division deprives one lot of access to a ___

Answer 114

public road or utility line

Question 115

does a neighbor telling the landlocked P that he can use her land for access to another public road “for a price” destroy an easement by necessity/implication argument?

Answer 115

no! give em da easement!

Question 116

a __ gives the holder the right to enter onto another’s land to remove natural resource. This is a __ right

Answer 116

it’s a “profit a prendre,” which is a property right in the property (due process protections)

So a governmental taking will entitle the miner to share in owner’s condemnation award

rocks…pier…property lol

Question 117

unless an equitable servitude (restrictive covenant) is from a common building or development scheme (encompassing all the lots in the subdivision), then the equitable servitude may only be enforced BY and AGAINST…

Answer 117

the lots that have it

Question 118

**is a covenant against partition allowable?

Answer 118

no, a tenant always maintain an inherent right to seek partition

Question 119

will: “Hilltop to such of my grandchildren who shall reach age 21; and by this provision I intend to include all grandchildren whenever born.”

When man dies, the class of his CHILDREN ends. his “I intend” provision is or is not valid?

Answer 119

valid

Question 120

rule of convenience

Answer 120

a rule of construction based upon a transferor’s presumed intent. They’re used when a will is silent re: testator’s actual intent. But when testator says “by this provision I intend to include all grandchildren whenever born,” the rule of convenience (presumptions) wouldn’t apply because he gave explicit instructions re interpretation

Question 121

**Owner gives electric company (easement holder) right to construct/use overhead electric line across his property. The writing doesn’t mention responsibility for maintenance. Electric line falls during storm because negligently maintained. Who’s liable?

Answer 121

electric company, because an easement holder (electric company) is required to make necessary repairs and, if repairs damage the land, restore land to condition it was in before repairs were made

Question 122

Seller says he’ll convey to the buyer a marketable title on 300K sale-price home by a quitclaim deed at closing. Title search reveals that the land was subject to a 50K mortgage and easement. buyer now claims title is unmarketable and refuses to close. is buyer correct?

Answer 122

yes, because the right-of-way easement makes title unmarketable

the mortgage here doesn’t render title unmarketable because the proceeds of the sale would satisfy the mortgage

although the quitclaim deed only gives title to what the owner actually owns, the owner’s promise to deliver marketable title means the buyer can refuse to close

Question 123

does a quitclaim deed negate the implied covenant to provide marketable title?

Answer 123

no, EVERY land sale contract has implied covenant of marketable title, UNLESS IT’S WAIVED IN THE CONTRACT

Question 124

if you authorize agent to deliver your deed, do you have to grant that authority in writing for agent’s signature to be valid?

Answer 124

yes, because when the act performed by an agent is required by law to be in writing (deed - land transfer - SOF), then the agent’s authority must also be in writing

Question 125

**man conveys house to wife for life, remainder to daughter. house has 200K mortgage. does someone pay the full monthly principal + interest? or someone the monthly principal, and the other the monthly interest?

Answer 125

life tenant (wife) = interest payment (prevent waste)

daughter = principal

Question 126

can an owner-woman who lives in her 4-unit complex state a racial or gender preference in her ads? she wants white male, already has POCs

Answer 126

no! even if she meets the exception that allows her to discriminate in renting her units (4 units, owner lives there), she CANNOT PUBLISH a rental preference or discrimination

Question 127

tenant subleases to friend. who can landlord sue if payments stop?

same question, but for assignments?

Answer 127

sublease = tenant

assignment = both (first friend, then OG tenant). BUT OG tenant may be released if landlord assents to assignment (novation)

Question 128

if person with remainder doesn’t make the mortgage payments, could her share in remainder be lost if the mortgage installments aren’t paid, even though she can’t be held personally liable for any amount?

Answer 128

yes, she’s technically not personally liable, but if remaindermen like her don’t make the mortgage payments, then house will be foreclosed on, and they’ll lose their share in remainder

Question 129

9/14

Answer 129

9/14

Question 130

house that’s in violation of building codes = marketable title?

Answer 130

yes, because that’s not an encumbrance

Question 131

do general “as is” provisions protect seller in cases of misrepresentation, active concealment, or failure to disclose?

Answer 131

no

Question 132

can seller disclose known latent defects to agent in order to satisfy disclosure requirement?

Answer 132

no, must disclose to buyer

Question 133

does title insurance only cover the person who buys it? or can someone sue the insurance Co instead of the person who bought the insurance?

Answer 133

covers only the person who bought it. someone else cannot sue her insurance Co

Question 134

**—-TITLES—-

**do some people have a duty to make a title search?

Answer 134

NOBODY has a duty to make a title search (that’s never the right answer)

Question 135

**when a creditor receives a judgment against a debtor, and FILES the judgment in the county, is it considered recorded/protected via notice statute?

Answer 135

yes because he filed (ie recorded) it. if was filed, will have priority over anything in future, except purchase money mortgage

Question 136

**guy buys property, records deed, K signed but hasn’t closed yet. then, a debtor wins a judgment lien against seller, files it. notice statute. is there marketable title?

Answer 136

yes because buyer’s protected because he recorded (so judgment lien creditor had constructive notice)

Question 137

estoppel by deed: if a grantor purports to convey an estate in property that she doesn’t own, her subsequent acquisition of title to the property will or will not automatically pass to the grantee?

Answer 137

will! BUT the grantee may only assert estoppel against the GRANTOR – it doesn’t protect the grantee [person who originally purportedly got the land] from subsequent bona fide purchasers [someone who later bought it from OG grantor] (diff chains of title)

the later grantee isn’t bound by estoppel by deed

Question 138

**ademption vs lapse

Answer 138

ademption -> ah damn, soldit! -> no longer yours

property bequeathed under a will, but they no longer own when they die, does not go to recipient because it no longer is the giver’s. not even the proceeds of the specific gift go to the recipient because that’s not the item itself

the sale proceeds go to whoever has the ‘residue of the estate’ in the will

Dan: ‘I give my farm to Eric, and residue to Victoria’

Dan sells farm while alive. Dan then dies. Eric gets nothing, Victoria gets proceeds

*BUT it’s a LAPSE if will beneficiary DIES before the will goes into effect (like ademption, goes to residuary)

Question 139

**equitable servitude’s 3 requirements

Answer 139

LIN Jeremy

(1) intent (to bind successors)
(2) notice (eg recorded)
(3) land (concerns its use)

CAN ONLY BE ENFORCED BY OG PARTIES, unless it’s meant to bind the entire subdivision (then anyone can enforce). remedy = injunction

Question 140

**who can enforce equitable servitude?

Answer 140

OG PARTIES, unless it’s meant to bind the entire subdivision (then anyone can enforce). remedy = injunction

Question 141

does access to inconvenient dirt road that can’t be used w/o great expense DEFEAT argument for easement by necessity?

Answer 141

yes. even if inconvenient, u can technically use it, no need for right to something else for necessity

Question 142

re: easements, dedication =

Answer 142

donation of land, or creation of easement for public use

Question 143

if u get express permission to use strip of land as easement, could it eventually become easement by prescription (adverse possession) that cannot be revoked?

Answer 143

no! permission = not adverse! so can be revoked anytime

Question 144

easement in gross involves one or two plots of land?

Answer 144

1. like giving Water Co permission to install pipes
   giving permission w/ only one plot involved = gross (so easy for other person!!)

new owner has notice of the easement if easement was recorded (or otherwise give notice). deed to new owner doesnt need to mention the easement: he should inspect title records (constructive notice)

Question 145

what remedy can P get when D uses easement beyond scope?

Answer 145

remedy = prevents only the EXTRA scope (but the OG easement remains)

Question 146

heirs only matter if you die WITHOUT a will

Answer 146

so if A gives Switch to B, his heirs, etc.

B dies, he had a will, so it goes to whoever’s in the will

Question 147

executory interest vs contingent remainder

Answer 147

CONTINGENT REMAINDER = you get it CONTINGENT on you doing something!

follows a life estate or term of years after they end naturally

contingent = IT must satisfy certain conditions to qualify (^to A for life then, IF B GRADUATES FROM COLLEGE, then to B)

EXECUTORY INTEREST = cuts short someone else. sorry! its interest will be triggered on the happening of a stated event (to A and his heirs, but if A dies without marrying, to B!!!)

Question 148

“to the church for the purpose of erecting a church.” what effect does “for the purpose of” have?

Answer 148

nothing! here, fee simple to church

Question 149

which of these HOA powers are allowed if someone’s violating the rules?

• removing the violating trees
• withdrawing owner’s use of common recreational facilities
• denying Board member voting privileges / Board position

Answer 149

all okay, except removing the trees (though u CAN fine/punish)

Question 150

does merger occur then A owns Plot 1 in fee simple, and Plot 2 through life estate?

Answer 150

no, life estate doesn’t create merger

Question 151

***easement appurtenant vs easement in gross

which one runs w/ the benefitted land? which one expires when the land is sold?

Answer 151

easement appurtenant: allows benefited property owner (A) to access land (freeway) that’s only accessible through a neighbor’s land (B). the easement AUTO transfers when A is sold, regardless if mentioned in deed. so new A landowner also has easement to use B’s land. B cannot block it.
It BENEFITS the use of property A to pass through B – so beneficial land = auto pass, even better! Involves 2 land

easement in gross: benefits an individual, not estate A (to use estate B). Involves 1 land

• Confers upon holder only some personal or pecuniary advantage NOT related to his use or enjoyment of his own land. (ex: right to place billboard on another’s lot, right to swim in another’s pond).
• NOT TRANSFERABLE unless it is for COMMERCIAL purposes.

Question 152

does mixing types of residential units negate the provisions of a common development scheme?

Answer 152

no, if they’re still all residential, then it’s okay if some are family home and others apts

Question 153

equitable servitude requirements

Answer 153

Intent to bind future successors
Notice (subsequent grantee has notice of the servitude)
Touch/concern the land (somehow benefit the land, like not allowing drinking = prevents bad behavior)

NIT conference - equitable servitude, stuck in that division

Question 154

for equitable servitude to bind an ENTIRE division, it must…

Answer 154

be found in the subdivision’s common building plan

Question 155

does someone in adverse possession of property for statutory period have marketable title to convey?

Answer 155

no, because buyer might be sued about whether the adverse possession was correct

Question 156

does a restrictive covenant render title unmarketable?

Answer 156

yes

Question 157

**if tenant assigns full remainder of lease to friend, but they tenant isn’t released by landlord, who’s liable to pay for future missed rent?

Answer 157

both, because tenant was never released

Question 158

can an “as is” sale be valid re: terminates, if seller sold to buyer w/ warranty deed?

Answer 158

yes :O seller may disclaim any duty to disclose defects if the disclaimer is sufficiently clear & specific
warranty deed only deals w/ title

Question 159

seller and buyer contract that buyer will take the land subject to easements, encumbrances. after contract is agreed to, but before deed is executed, seller grants easement to a 3P. can buyer repudiate?

Answer 159

yes because K was “subject to easements” at the time of contracting – the new easement was granted afterwards

Question 160

“an ejectment action may be brought within 21 years after the cause of action accrues” means…

Answer 160

21 years are required for adverse possession

Question 161

A and B are JT w/ right of survivorship. Both die at same time. what happens to their interest?

Answer 161

A’s (1/2) goes to A’s heirs; B’s (1/2) to B’s heirs. Right of survivorship not triggered since died simultaneously

Question 162

equitable conversion only applies to what issues?

Answer 162

who bears risk for damage to property

S—K—B

Question 163

is a mortgage an encumbrance?

Answer 163

yes

Question 164

does a property’s lack of access make title unmarketable?

Answer 164

yes, but can only sue if deed hasn’t been delivered