Property Law

Question 1

What is Fee Simple?

Answer 1

The default fee type. It is completely alienable and represents a total interest in the property free of incumbrances.

Question 2

What is a Defeasible fee?

Answer 2

Complete ownership that can be terminated by an occureance. There are several subtypes: (1) fee subject to executory interest, (2) fee simple determinable, (3) fee simple subject to condition subsequent,

Question 3

What is a fee simple determinable?

Answer 3

A fee simple limited by specific durational language (While, so long as, during”) Terminates upon with the stated event.

Question 4

What is a possibility of reverter?

Answer 4

A possibility of reverter is where the property returns to the grantor after some event.

Question 5

What is an executory interest?

Answer 5

An executory interest is where a third party receives property after a condition or event.

Question 6

What is a fee simple subject to executory interest?

Answer 6

A fee that is covered by conditional language that transfers to a third party if the condition occurs.

Question 7

What is a life estate?

Answer 7

An estate limited to the grantee’s life, does not pass to the grantee’s heirs. Does not have to be the grantee’s life

Question 8

What is the doctirne of waste?

Answer 8

A life estate or estate that reverts must deliver the property to future interest holder in substantially the same condition?

Question 9

Does a life estate pay taxes?

Answer 9

Yes, becuase htye are annual

Question 10

What is a reverter?

Answer 10

A future intrest by the grantor, where the property comes back.

Question 11

What is a right of reentry?

Answer 11

A right of reentry is where the grantor can retake the property is a future condition occurs.

Question 12

What is a remainder?

Answer 12

A remainder is a future interest after the expiration of the present estate.

Question 13

What is a vested remainder?

Answer 13

A remainder where there are no conditions.

Question 14

What is a vested remainder subject to open?

Answer 14

A remainder where more people can be added.

Question 15

What is a vested remainder subject to complete divestment?

Answer 15

A vested remainder where an event can divest the party.

Question 16

What is the rule in shelley’s case?

Answer 16

Where a life estate is followed by a remainder in the same person, the interest merge and the hire takes fee simple.

Question 17

What is the doctrine of a worthier title

Answer 17

Minority rule, prevents the grantor from creating a remainder in the grantor’s heirs. Rather any such title is reverter.

Question 18

What is Shifting executory intrest?

Answer 18

An interest that cuts short another based on a condition.

Question 19

What is the rule against perpetuities?

Answer 19

A future interest must vest or fail to vest within a lifetime plus 21 years.

Question 20

What is the Rule of Convenience?

Answer 20

As applied to the rule against perpetuities, the rule of convenience closes a class whenever any member of a class is eligible.

Question 21

What is a tenancy in common?

Answer 21

Two or more owners, each with a equal right to the property, but no survivorship rights.

Question 22

What is a joint tenancy with right of survivorship?

Answer 22

Two or more persons where the death of any automatically transfers the that interest to the other parties in the joint tenancy.

Question 23

What is required for joint tenancy?

Answer 23

Four unities: (1) Equal right, (2) Equal interest, (3) Created interest at same time, (4) created in same title.

Question 24

What is a tenancy by entirety?

Answer 24

A joint tenancy between married people.

Question 25

What is the common-law exoneration-of-liens doctrine?

Answer 25

The recipient of a specific devise of real property can use the remaining assets in the estate to pay off encumbrances on that property.

Question 26

Who ownes crops?

Answer 26

Crops are personal property if deliberately planted, and part of the land if wild.

Question 27

What is an improper restraint on alienation?

Answer 27

The court generally disfavors restraints on alienation. Where there is an attempt to unreasonably restrain the owner of a property from alienation, it may be struck down.

Question 28

What is required for a valid conveyance?

Answer 28

A deed (statute of fruads) and delivery and acceptance. Acceptance is assumed where the deed is beneficial.

Question 29

What is required for Adverse Possession?

Answer 29

The possession must be (1) Open and notorious, (2) Hostile, (3) actual and exclusive, and (4) continuous for the statutory period.

Question 30

What is a tenancy for years?

Answer 30

A tenancy for years is an estate measured by a fixed and ascertainable amount of time. It is created by agreement and ends at the end of the period unless otherwise continued.

Over one year must meet the statute of frauds

Question 31

What is a periodic tenancy?

Answer 31

A periodic tenancy is an ongoing estate measured by a set period but with not set end point (month to month, year to year) Can be created by agreement or by implication (holdover). Terminated with notice.

Question 32

What is a tenancy at will?

Answer 32

A lease that has no specific term and continues as long as the parties agree.

Question 33

What is a tenancy at sufferance?

Answer 33

A tenant who remains on the property against the landlord’s will. It ends when the tenant vacates, or the landlord evicts.

Question 34

What is the duty to repair?

Answer 34

A landlord has a duty to make repairs to residential property unless the damage was caused by the tenant.

Question 35

What is the implied warranty of habitability?

Answer 35

A landlord of a residential lease must maintain the property so that it is reasonably suitable for residential use. This might mean basics (water, sewer, heat) or compliance with residential codes.

Question 36

What is the covenant of quiet enjoyment?

Answer 36

Every lease contains an implied covenant of quiet enjoyment. The implied covenant of quiet enjoyment means that the landlord or an agent cannot interfere with the tenant’s right to possess the property. This can occur through actual or constructive eviction.

Question 37

What is constructive eviction?

Answer 37

If the landlord breaches a duty such that it substantially interferes with the tenant’s use and enjoyment of the property, they are excused from paying rent if they give notice and opportunity to cure and vacate the property.

Question 38

What is the duty to mitigate?

Answer 38

Any party suffering damages is generally under a duty to mitigate the damages through reasonable steps.

Question 39

What is the shelter rule?

Answer 39

A grantee who receives interest from a boba fide purchaser will also be protected as a bone fide purchaser