property last minute stuff

Question 1

Loretto Rule for government takings

Answer 1

when the character of a governmental action is a permanent; physical; occupation of property by the government or a third party it is a per se taking

Question 2

Penn Central factors

Answer 2

economic impact of the regulation; extent to which the regulation interfered with distinct, reasonable, investment-backed expectations; nature of the government action

Question 3

Cedar Point Rule for government takings

Answer 3

government-authorized invasions of property are physical takings with exceptions for conditional use, background principles, exactions with inspections

Question 4

Lucas rule for government takings

Answer 4

regulation constitutes a taking if it deprives the land of all economically beneficial or productive use and the same result could not have been achieved under background principles of pproperty law

Question 5

interests that RAP applies to

Answer 5

contingent remainders, executory interests; vested remainders subject to open

Question 6

transferability of defeasible fees

Answer 6

traditionally the right to reversion or reentry were not devisabl or conveyable

Question 7

elements of easement by prior existing use

Answer 7

severenace of land held in common ownership; an existing, apparent, and continuous use of one parcel for the benefit of another at the time of the severance; and reasonable necessity meaning lack of access or utilities without substantial expenses or labor

Question 8

elements of easement by necessity

Answer 8

severance of land held in common ownership that results in a loss of access for a parcel; modern rule is reasonable necessity; common law is strict necessity; Vermont rule is scope, frequency, and ease

Question 9

FSD magic words

Answer 9

so long as; while; until; during

Question 10

FSSCS magic words

Answer 10

provided that; but if; on the condition that

Question 11

doctrine of constructive eviction

Answer 11

wrongful act or omission by the landlord that substantially interferes with the tenant’s use and enjoyment of the leased premises

Question 12

covenant of further assurances

Answer 12

grantor will take all future reasonable steps necessary to cure title defects that existed at closing

Question 13

covenant of warranty

Answer 13

grantor will defend the grantee against any claim of superior title