Property

Question 1

Joint Tenancy: Creation

Answer 1

unities of  time (not anymore)  title (not anymore)  interest  possession → right of survivorship beats will MD: deed must be explicit

Question 2

Joint Tenancy: Termination

Answer 2

sever: (1) one conveys interest (2) in title state one gets mortgage (3) partition action

Question 3

Tenancy in Common

Answer 3

 unity of possession only NO right of survivorship →can transfer inter vivos (in)voluntarily (default)

Question 4

Present covenants in a warranty deed

Answer 4

possession (seisin - OJO seller is the owner of the property and has the power to convey the property.???), right to convey, no encumberances (DOES NOT include zoning). OJO! Problem must exist at closing, but can sue later

Question 5

Future covenants in a warranty deed (MD twist)

Answer 5

quiet enjoyment (not disturbed by superior claim), warranty (assist in defending) (only express, no implied warranties in deed), further assurances (will perfect defects) OJO! Can manifest anytime closing after. ALSO IN MD never implied, have to be express

Question 6

Statute of Frauds: Land sale Contract

Answer 6

(1) describe property (2) parties (3) price (4) conditions of price/payment (5) signed by D BUT part performance applies

Question 7

Statute of Frauds: Real Property Deed

Answer 7

(1) ID parties (2) words indicating intent to transfer (3) sufficient description of property (4) grantor’s signature

Question 8

Requirements for valid conveyance by deed

Answer 8

(1) writing (2) delivery (3) acceptance

Question 9

Conveyance by deed: Delivery

Answer 9

must show intent: (1) can give it: rebuttable presumption of delivery (2) can give to 3rd party to deliver: relation back to time of first delivery EXCEPT 2+ conditions. Death escrow will defeat a will unless there is a right to reclaim. OJO delivery happens at the moment gives to a 3rd party b/c has present intent. creates “springing future interest” in the grantee, making delivery irrevocable.

Question 10

Conveyance by deed: Acceptance

Answer 10

Presumed if to the benefit of the grantee. OJO if grantee rejects but there was a future estate in someone else, grantee has no right to reject that future interest.

Question 11

Wild Deed

Answer 11

Where B transfers land he does not own to X, no one can find that deed, it doesn’t count for constructive notice. ALSO look for two conveyances where the first was not recorded. O-A, A-B (recorded), O-C. C can’t find the A-B conveyance so no notice.

Question 12

Estoppel by deed

Answer 12

Where B transfers land he does not own to X, then later acquires the land, he is later estopped from denying X the deed. OJO! If B subsequently transferred to a BFP before X goes to court, BFP wins regardless of recording.

Question 13

Shelter Rule

Answer 13

subsequent purchanser can shelter under grantor’s title where owner conveys to two people

Question 14

Deed of trust

Answer 14

3rd party holds interest in land until debt of owner paid to creditor (instead of mortgage)

Question 15

Installment Land Sale Contract

Answer 15

Buyer pays in installments, Seller holds deed until pays all –> if buyer defaults, seller keeps land and all payments thus far OJO scrutiny of “time is of the essence” clauses

Question 16

Mortgages: Title theory

Answer 16

mortgagee (bank) gets legal title – right to take possession, rents, profits (though mortgagor retains possession until default)

Question 17

Mortgages: Lien theory

Answer 17

mortgagor (owner) retains legal and equitable title, retains rights to possession, rents, profits until foreclosure

Question 18

Mortgages: Intermediate theory

Answer 18

lien theory until default (mortgagor has title), title theory after default (mortgagee gets everything)

Question 19

Deed in lieu of foreclosure

Answer 19

mortgagOR issues a deed that satisfies debt, JR holders not wiped out, mortgagEE takes subject to all liens

Question 20

Priority in foreclosure

Answer 20

Purchase money mortgage -> JR mortgages -> modified SR mortgages where modifications materially prejudice JRs -> judgment creditors. Junior interests are generally extinguished when the property is sold at a foreclosure sale. OJO! if the junior interest holder is not 1. made a party in the judicial proceedings for the foreclosure and 2. is not provided notice of the foreclosure sale, its interests will not be extinguished.

Question 21

Transfer “subject to” vs. “assuming” a mortgage

Answer 21

“assuming” the mortgage makes the transferEE personally liable for the mortgage. In either case, the mortgagee can foreclose.

Question 22

Requirements for Adverse Possession

Answer 22

Actual Continuous Open/Notorious Adverse Exclusive. needs color of title/claim of right without permission. continuity may include tacking if in privity and seasonal if appropriate. OJO not in light and air.

Question 23

Adverse Possession Tolled

Answer 23

infancy, incapacity, incarceration @ time of entry -> 3 yrs from end of disability or rest of SoL whichever longer

Question 24

Creating an easement

Answer 24

(1) express in writing
(2) by implication prior use (affirmative only) (a) severance of common ownership (b) existing apparent continuous use at severance (quasi) (c) reasonable necessity for dominant
(2) by implication necessity (affirmative only) (a) severance (b) strict necessity
(3) prescription (affirmative only) adverse possession: ACOASE
(4) estoppel: justifiable reliance by dominant estate on representation of servient

Question 25

Terminating an easement

Answer 25

(1) common ownership (merger) (2) abandonment: stop use AND words/conduct showing intent (3) servient eminent domain (4) destruction NOT by servient intentional (5) written release OJO! SoF (6) estoppel (7) severance from dominant estate (8) prescription (9) end of necessity (10) purchase of servient estate by BFP

Question 26

Profits

Answer 26

Right to go onto land and take from. Created expressly or by prescription, Termination the same. IF fee simple or life estate = real property interest for Takings analysis.

Question 27

Licenses

Answer 27

right to use. personal not real property so no SoF, freely revocable EXCEPT when coupled with an interest OR estoppel

Question 28

Covenants that run with land

Answer 28

PINT (1) writing SoF (2) touch & concern (3) intent to run incl inc/decrease in value (4) notice (servient side only) (5) privity (a) horizontal of K: grantor/ee, mortgagor/ee, LL/T, only for burden to run
(b) vertical of estate, required for burden to run, only if servient estate transfers all interest that have, dom can be part -> get damages!

Question 29

Equitable servitude

Answer 29

(1) T&C (2) Intent (3) Notice NO PRIVITY. (4) Writing except if implied reciprocal servitude if (1) part of common scheme of development (2) current servient owner must have taken with notice –> only injunction :(

Question 30

Lateral support rights

Answer 30

neighbor strictly liable if excavation causes subsiding. IF subsiding land has an improvement and improvement played a rule, only liable if negligent

Question 31

Subjacent support rights

Answer 31

mineral rights owner strictly liable if causes subsiding of natural land or improvements that were there at rights granting. IF subsequent improvements exist, mineral rights owner liable only if negligent

Question 32

Termination of tenancy at will

Answer 32

death, T wastes, T assigns interest, LL transfers interest, LL transfers premises for term of years

Question 33

Tenant’s defenses

Answer 33

(1) failure to deliver possession (2) eviction (3) surrender (4) destruction of premises (5) offsets

Question 34

Actual eviction

Answer 34

T physically removed from all or part -> pay no rent

Question 35

Constructive eviction

Answer 35

implied covenant of quiet enjoyment substantially interfered with by LL or LL’s agent. T must actually move out. If partial, only a rent abatement and has to pay proportional rent

Question 36

Fee simple determinable

Answer 36

durational language

Question 37

Fee simple subject to a condition subsequent

Answer 37

conditional language, with express reservation of right to reenter

Question 38

Fee simple subject to an executory interest

Answer 38

either durational or conditional but goes to 3rd party, not the grantor

Question 39

Possibility of reverter

Answer 39

grantor’s future interest with a fee simple determinable -> created automatically, happens automatically

Question 40

Right of reentry

Answer 40

grantor’s future interest with a condition subsequent -> can be created if spelled out, then has to retake. if not spelled out, can sue in K

Question 41

Reversion

Answer 41

any interest that goes back to grantor that isn’t a possibility of revereter or right of reentry

Question 42

Shifting executory interests

Answer 42

shifts from one 3rd party to another

Question 43

Springing executory interest

Answer 43

springs from original owner to 3rd party

Question 44

Remainder

Answer 44

follows naturally from another estate, no cutting short e.g. after life estate

Question 45

Waste

Answer 45

(1) voluntary: intentionally or negligently damages property (2) permissive: ommision to act to maintain (life tenant/T has duty to maintain) (3) ameliorative: improvements allowed only if (a) mkt value not impaired AND (b) permission of remaindermen OR (c) change to property/neighborhood justified -> vested remaindermen can sue for damages

Question 46

Restraints on alienation

Answer 46

(1) total: not enforceableon a fee, upheld if reasonable on a life or term estate (2) partial: purchase options and right of first refusal allowed if reasonable OJO must be in writing, SoF

Question 47

Rule Against Perpetuities

Answer 47

Must vest 21 years after some measuring life. Applies to (1) executory interest (2) contingent remainder (3) vested remainder subject to open (4) purchase option (5) right of first refusal

Question 48

Oral border agreement

Answer 48

IF (1) owners of adjacent parcels are uncertain of the true boundary(2) actual taking (and relinquishing) of possession following the agreement to evidence that agreement. (3) Some courts require that the new, agreed-upon boundary be marked by a fence or monuments -> does not involve a transfer of interest in land

Question 49

Implied Warranty of Marketable title (MD twist)

Answer 49

In EVERY land sale K. That the title is reasonably free from doubt in fact and law. Doubts include: defect in chain of title, encumbrances, significant encroachment, existing zoning violations, mortgages (defects in title), by adverse possession w/o quiet title action. (BUT in MD AP title is good) OJO! Only good the day of the closing! AND seller can use proceeds to pay off encumberances if enough.

Question 50

Scope of easements

Answer 50

What was in reasonable contemplation of the parties. Can sue for damages but doesn’t terminate. Owner of easement has duty to repair/maintain, owner of servient estate has NO such duty. After maintenance, owner of servient estate has right to reasonable restitution for any damage caused by repairs but NOT to total restoration.

Question 51

Life estate pur autre vie

Answer 51

life estate pur autre vie is a freehold estate where the duration is measured by the life of someone other than the grantee. Can be inherited by grantee’s heirs.

Question 52

LLT: Assignment v. Sublease

Answer 52

Assignment transfers all rights and duties, so former tenant no longer liable

Question 53

Marketable Title Act

Answer 53

A marketable title act provides a “cut-off” point, which limits the time period during which a subsequent purchaser is required to search the records. The cut-off point is fixed by identifying a deed that has been of record for the required period, which is usually 30 or 40 years. Any interest that is not recorded or refiled within the required period is extinguished.

Question 54

Duty to disclose material latent defects

Answer 54

On commercial developers and new residential homes. A material defect: affect the health and safety of occupants. MATERIAL: Objectively: whether a reasonable person would attach importance to the defect in determining whether to purchase the home. Subjectively: whether the defect actually affected the value of the property to the buyer. DEFECT: means a physical defect on the property, but some states extend this to non-physical defects, such as noise from neighbors.

Question 55

Deeds and Agency Power

Answer 55

Power to convey property DOES NOT include power to convey warranties in a general/specific warranty deed, need specific authorization. “As if it were his own” is sufficient.

Question 56

Foreclosure and prescriptive easements

Answer 56

OJO notice only to those with recorded title. BUT easements don’t have to be recorded to hold sway.

Question 57

Landlord duties to maintain

Answer 57

ONLY 1. common areas 2. if LL knows there’s a defect not known to T 3. if knows T will hold open to public?

Question 58

Warranty of habitability

Answer 58

(residential only) if premises not habitable -> T doesn’t have to move out, must give notice and allow LL reasonable time to fix. If not, can fix and offset agst rent

Question 59

Doctrine of equitable conversion

Answer 59

in a land sale K, equitable title passes to the buyer as soon as K signed (and before closing) so risk of loss is on the buyer. OJO if the seller does have insurance and there’s recovery, must give to buyer.

Question 60

Contingent Remainder

Answer 60

A contingent remainder is a future interest that is created in favor of unborn or otherwise unascertained persons or is subject to an express condition precedent.

Question 61

Tenancy by Entirety

Answer 61

Same as joint tenancy except attempt to sell is wholly void