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Property > Property Final > Flashcards

Property Final Flashcards

1
Q

Tenancy in Common means separate but undivided interest in the property. True or false

A

True

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2
Q

How is interest inherited in tenancy in common (ie. marriage, will,..)

A

By will or deed

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3
Q

In a tenancy in common, If A and B have a TIC and A dies does A heirs or B get the property?

A

A’s heirs, there is no right to survivorship between A and B.

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4
Q

Is there a right of survivorship for joint tenancy?

A

Yes

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5
Q

What are the four unities of joint tenancy?

A

Time, Title, Interest, Possession

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6
Q

Can joint tenancies be severed?

A

Yes, they become tenancies in common.

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7
Q

Can you convey the property at death during joint tenancy?

A

No

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8
Q

If there is only time, titile, and possession for the joint tenancy is it a joint tenancy still?

A

No, must have all four or it is a tenancy in common.

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9
Q

If you want to end a joint tenancy when must you do it?

A

does the life of the other person. Death is too late.

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10
Q

Does joint tenancy have to be equal?

A

No, one can have 1/3 while the other has 2/3.

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11
Q

Who creates a tenancy by the entirety?

A

spouses

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12
Q

Does divorce end a tenancy by the entirety?

A

Yes, it becomes tenancy in common.

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13
Q

pg 1 on 390

A

A,B,C are joint tenancy but when A conveys to D it ends the joint tenancy between A and B and A and C but not B and C (they have joint tenancy still) but B and C have tenancy in common with D now.

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14
Q

O conveys Blackacre to A, B and C as joint tenants. Subsequently, A conveys his interest to D. Then B dies intestate, leaving H as his heir. What is the state of title?

A

When B dies leaving an heir H, B has his share split. D has A’s share as a tenant in common, C has C’s own share and B’s share that was in joint tenancy, and H has B’s share that was in tenancy in common.

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15
Q

T devises Blackacre to A and B as joint tenants for their joint lives, remainder to the survivor. What interests are created by the devise?

Important one to understand

A

Creates a life estate in A and B. Then there is a remainder in fee simple to the survivor. It is absolutely going to go to one of those two – whichever survives. Contingent, but doesn’t violate the rule because one of those two is the validating life.

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16
Q

Is a tenancy in common inheritable by wills, devisable and alienable?

A

Yes (important)

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17
Q

If the transaction was unclear when it’s two or more people in interest with the land what is it?

A

Court makes it tenancy in common.

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18
Q

Joint Tenancy MUST be severed during the life time.

A

true and important

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19
Q

What is the only way to end a tenancy by the entirely?

A

Must jointly agree to end it. By jointly conveying it to yourself as what you want it to be.

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20
Q

Can one spouse end a tenancy by the entirety?

A

No

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21
Q

If one spouse cant end a tenancy by the entirety, what does that mean for creditors to that one spouse?

A

They can’t take from the tenancy by the entirety

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22
Q

Can one person break a joint tenancy?

A

yes, a person may unilaterally sever joint tenancy without an intermediary (a third person to transfer the interest to, then have it transferred back).

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23
Q

Can the steps to sever a joint tenancy on the property count as actually severance?

A

the court justifies that the only way to actually sever a joint tenancy is when the property is sold. Steps leading up to a sale, such as placing a lien on the property don’t sever a joint tenancy.

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24
Q

A and B own Blackacre in joint tenancy. A conveys a 10-year term of years in Blackacre to C. After five years, A dies, devising all of his property to D. What are Bs rights?

A

The lease does not sever joint tenancy because it’s not a conveyance. When A dies, despite A’s will, Blackacre is going to B rather than D. The 10-year lease is gone – it disappears into thin air.

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25
Q

H and W, owners of Blackacre in joint tenancy, are getting a divorce. They sign a divorce agreement providing that Blackacre will be sold and the proceeds divided equally between H and W. Before Blackacre is sold, W dies. Does H have survivorship rights in Blackacre?

A

Divorce does not in itself sever a joint tenancy. H has the rights to Blackacre because W died.
The critical thing is that joint tenancy doesn’t end until the property is sold. An agreement does not sever the tenancy – only the sale.

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26
Q

Joint tenants A and B signs a written agreement giving B the rentals and possession of the land for her life. Does the agreement destroy the unity of possession? Upon A’s subsequent death, who owns the land?

A

B owns the land. Agreements like these don’t work as a severance. Severance needs to alter the succession and this one does not.

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27
Q

A convenience account is where one party is on the account solely to pay the other party’s bills.
True or false?

A

True

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28
Q

If I put my name on my moms bank account to pay the bills for the land, does that make us joint tenancy, tenancy in common or nothing?

A

If it was clear I only have a convenience account then its tenancy in common. If I was already named as a joint tenant then I would still be a joint tenant.

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29
Q

When deciding whether a property under tenancy in common should be partitioned through judicial order, the interests of all the tenants should be considered, not just the economic benefit to one of the tenants. true or false

A

True

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30
Q

Do we have partition in kind or partition by sale?

A

Partition in kind bc partition by sale is extreme.

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31
Q

When should partition by sale be used?

A

Only when the physical attributes of the land are such that a partition in kind is impracticable or inequitable, the interests of the owners would better be promoted by a partition by sale.

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32
Q

A and B are heirs of their father, who owned one item both A and B very much want – his old rocking chair. They cannot agree who is to have the chair. A brings a partition action. What relief should the court award?

A

Physical partition isn’t feasible – it will destroy the chair. If you put it up for sale, it might bring a whole lot more money than what it’s worth on the market and putting it up for sale will favor the wealthier person

This is calling for a settlement and the question is if the court can induce a settlement.

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33
Q

What is ouster?

A

Ouster” occurs when one party physically prevents the other party from gaining or remaining in possession in the property. If one co-tenant “ousts” the other co-tenant, the victim of the ouster can sue for wrongful ejectment.

Known as an action for mesne profits – she wants half of the fair market value

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34
Q

Can any court restrict a restrictive convenants that is against the 14th Amend? (what case is this said in)

A

No and Shelley v. Kreamer.

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35
Q

Are restrictive covenants still valid and in force?

A

Yes, they are still of good value and are enforceable.

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36
Q

True or false? If the gain for the community is larger than what is lost by the individual, then the court will enforce the covenant.

A

True

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37
Q

What are common interest communities?

A

Condo and Co-op

38
Q

What are the areas of common in Condo’s? (Tenants in common, tenants in entirety?)

A

They are held as tenants in common and each owners pays an assessment to use the areas.

39
Q

True or False: In Co-Ops, Each owner has a mortgage to finance his own individual unit. Real estate taxes are assessed separately on each unit. So, if the owner of a unit defaults, it has no impact on everybody else

A

False, this is true for Condos.

40
Q

True or false: A form of ownership where the basic idea is that each unit is owned in fee simple.

A

True

41
Q

True or false: For Condos,If somebody doesn’t pay their share of the mortgage, the other members have to come up with the rest of the money or there is a foreclosure.

A

False, this is for co-ops.

42
Q

True or false: For co-ops, Each resident, who is a shareholder, has a long-term renewable lease on their unit.

A

True.

43
Q

Three main landlord tenant estates?

A

Terms of years, the periodic tenancy, and a tenancy at will

44
Q

What is a terms of years?

A

some fixed period that will terminate.

45
Q

What is periodic tenancy?

A

These are most common, are set for a duration that continues for succeeding period until either the landlord or tenant gives notice.

46
Q

what is an example of periodic tenancy?

A

month to month lease

47
Q

What is a tenancy at will?

A

this a tenancy of no fixed duration that endures as long as both parties desire it to endure.

48
Q

What is the average amount of time you need to give notice for a periodic tenancy?

A

30 days.

49
Q

During a tenancy at will do both parties have the power to terminate?

A

Yes, usually its both/

50
Q

In Gerner v Gerrish, what did the court find? (tenancy at will case?

A

That because the TAW was written that only one party had the power to terminate it is actually a life estate terminable. (a few courts)

51
Q

L leases Orangeacre “to T for as many years as L desires.” What estate does T have?

A

Under common law rules, there would be a tenancy at will.

If it’s terminable by one side, it’s terminable by the other side

52
Q

What are the four main questions to ask if you want to know

A

Amount of control given to lessor, Whether it is terminable at any time, whether it is assignable, and what sorts of obligations and benefits apply to each part.

53
Q

True or false, the more power given to the lessee it is probably a lease.

A

True

54
Q

What is something specific to know it is a licenses

A

Things that are terminable at any point in time are licenses.

55
Q

True or false: The right to put a billboard up on somebody’s property is more likely an easement or license. Not a lease and what is the exception?

A

True but it is a lease if both parties agree it is.

56
Q

What act restraints racists and shitty landlord and covenant things.

A

Fair housing act.

57
Q

Who has the first burden for a FHA case?

A

The plaintiff.

58
Q

What does the plaintiff need to show in a FHA case.

A 
Show that they are a member of a statutorily protected class
Show that not only do they apply for the property, but they were qualified to rent or purchase it
Show that they were rejected from the rental/purchase even though the housing is still made available.
Plaintiff only needs to allege discriminatory effect. Only the effect of the owner’s actions were discriminatory. They do not need to show intent on the owner
59
Q

If the plaintiff puts the facia case in place for FHA, who has the burden now.

A

Defendant, to show they did things lawfully.

60
Q

What does “handicap” not include?

A

someone currently doing illegal drugs or being a current alcoholic (you can be recovering or former user)

61
Q

True or false: One cannot, based on race, religion, color, sex, familial status or national origin, refuse to negotiate a sale/rental or property, refuse when a bona fide offer has been made, advertise a preference for a tenant, you cannot tell something is not for sale when in fact it is.

A

true this is the FHA.

62
Q

What is the standard for advertising

A

The standard is would an ordinary reader/listener infer that a particular group of persons is preferred or not preferred as a result of what is there

63
Q

What is the basic standard for FHA? (Burden) and what you need to show.

A

Three prong
1st burden on plaintiff-must prove prima facie case-that they are a memeber of the qualified group-and applied and didnt get the housing and not one did. Could just prove its bad for the entire community.

2nd defendent- to show it was motivated by permissible reasons.

3rd plaintiff again-to show that this is the basis but not all the reasons. Basically pre-text to cover what was really going on.

64
Q

Mrs. Murphy has an apartment to rent in her home. She puts the following advertisement in a local newspaper, “For rent: Furnished basement apartment in private white home.”

A

No, does not violate the FHA. Because the exemption that relates to selling a single family home. Does violate civil rights act. And would violate 3604- advertising.

65
Q

What are three things to remember for discriminate based on family status and sex.

A

(a) If you can justify on other legitimate grounds, you can get away with it even if you discriminate against the number of people in a home
c) FHA does not cover renting to unmarried couples
(e) Demands for sexual favors violate the FHA

66
Q

True or False: Freedom of religion clause does not exempt landlords from complying with a neutral law of general applicability

A

True.

67
Q

True or false: Nothing protects discrimination against lawyers in housing, so the person’s claim that they were discriminated because of race fails.

A

True.

68
Q

Is AIDS considered a handicap?

A

Yes

69
Q

True or false. You do not have to make dwellings available to people who would threaten the health and safety of others

A

True

70
Q

Why have eminent domain?

A

design to avoid the problem of the hold out

71
Q

What amendment talks about taking/eminent domain

A

5th

72
Q

What three questions does taking give raise too?

A

What is public use? What is just compensation? and What is taking?

73
Q

True or false? We determine a taking not by how much you have lost, but by how much you have left.

A

True

74
Q

What is just compensation? (its pretty much agreed upon)

A

Its fair market value

75
Q

Before the government takes property what must it imply with?

A

Due process, must try to negotiate and then go to court and notify everything and go to trial. If there is a jury they will decide want is just compensation

76
Q

true or false: Property can NOT be taken as part of this broad comprehensive plan, even if the property is not blighted.

A

False, Property CAN be taken as part of this broad comprehensive plan, even if the property is not blighted.

77
Q

True or false: If it’s for public use, very broadly defined, and there is just compensation provided, then the court will not step in

A

true

78
Q

True or false: Public good is up to the legislature. Courts have a role in reviewing this, but only for the constitutionality. As long as what the police power is related to a “conceivable” public purpose, it’s constitutionally valid – this satisfies the public use doctrine.

A

True

79
Q

Can the government take property to sell to another private property?

A

No, government cannot take the property to just sell to another private company.

80
Q

True or false: The government can’t take private property solely to transfer it to another private property. But the government can do this is it’s for use by the public – you don’t need strict scrutiny of public use.

A

True

81
Q

True or false:

  1. Amortization Clauses give people a fair amount of time to figure out a way to change their business or move
  2. Amortization clauses are generally ok
A

True

82
Q

Court looks at what things when seeing if amortization clauses are reasonable

A

The length of the period, the reasoning,

83
Q

A and B each have $50,000 to invest. A purchases a vacant lot for $50,000. Ten years later, the city passes a zoning ordinance zoning A’s land for single-family dwellings. The value of A’s land is reduced to $12,500 by this action. Under Euclid is their a constitutional argument

A

Under Euclid, A has no constitutional argument.

But if it went the zero then there would be a constitutional arguement.

84
Q

Commons v. Westwood, who did the burden proof shift too for showing variances.

A

the court

85
Q

PG 925 problem 2

A

a. Existing violations cannot be the basis for future violations. Personal hardships are irrelevant.

86
Q

what is this an example of: if you sold 30 feet of the land, which takes it out of the ordinance. You created the problem.

A

Self-imposed hardships

87
Q

What is strict hardship rule

A

Undue hardship is such that without the variance the property could not be used for any other purpose

88
Q

True or false: The court says that the ends of this ordinance are directly related to the welfare of the community. And since it’s tied to the welfare of the community (value of the houses, character of the neighborhood), then it’s ok

A

True

89
Q

True or false Court says there has to be a rational relationship to a permissible state objective. Because it does not involve any constitutional right, all it needs is to be rationally related to a legitimate government purpose

A

true

90
Q

What is the strict scrutiny test

A

If the restriction involves a fundamental right, then the defendant has the burden of showing:
A compelling government interest
Nothing else could be done – there were no alternatives

Property (5 decks)

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