PROPERTY LAW REAL PROPERTY

Question 1

Fee Simple Estate VS Life Estate: A full ownership interest in property with the unconditional right to dispose of it. The owner can leave the property to heirs and sell, lease, or use it

Answer 1

Fee Simple Estate

Question 2

Fee Simple Estate VS Life Estate: Lasts only until the death of a specified individual.

Answer 2

Life Estate

Question 3

What is Conveyance

Answer 3

To A and his heirs; To A and her heirs

Question 4

Fee Simple Estate and Life Estate: Conveyance

Answer 4

Fee Simple Estate

Question 5

Defeasible Fee

Answer 5

Fee Simple Estate: An estate may be subject to termination upon the happening of some future event

Question 6

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Created when the grantor intends to grant a fee simple only until a specified future event happens

Answer 6

Fee Simple Determinable

Question 7

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: The grantor attaches a condition to the ownership, but the grantor must take action to reclaim the property if the condition is violated

Answer 7

Fee Simple Subject to Condition Subsequent

Question 8

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Key Words “So Long As…Until…While”

Answer 8

Fee Simple Determinable

Question 9

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Key Words “Provided that…On the condition that.”

Answer 9

Fee Simple Subject to Condition Subsequent

Question 10

Reversion Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Automatic

Answer 10

Fee Simple Determinable

Question 11

Reversion Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Requires Action by Grantor

Answer 11

Fee Simple Subject to Condition Subsequent

Question 12

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Rick conveys Greenacre to the Town Library Association “for so long as Greenacre is used as a free lending library.”

If the property stops being used as a free lending library, it automatically reverts to Rick without any action on his part.

Answer 12

Fee Simple Determinable

Question 13

Defeasible Fee: Fee Simple Determinable vs Fee Simple Subject to Condition Subsequent: Rick conveys Greenacre to the Penn State University Athletics Department, “provided that if Greenacre is ever used for anything other than athletics, Rick may enter and retake possession of Greenacre.”

If the property is used for a non-athletic purpose, Rick has the right (but not the obligation) to reclaim Greenacre. It does not revert automatically; Rick must take action.

Answer 13

Fee Simple Subject to Condition Subsequent

Question 14

life estate: it is an interest in which a person called a ___, is entitled to possession of real property and to all income the land produces for the duration of the person’s or someone else’s life

Answer 14

life tenant

Question 15

Life estate: the interest terminates:

Answer 15

Life estate: the interest terminates on the death of the life and does not pass to his or her estate

Question 16

Example of what type of estate: Life estate: the interest terminates on the death of the life and does not pass to his or her estate

Answer 16

Liz owns Greenacre in fee simple absolute. She conveys Greenacre “to Guy for life.”

Guy (the life tenant) can use Greenacre until his death.
After Guy’s death, ownership depends on the future interest (e.g., reversion or remainder).

Question 17

Life Estate: doctrine of waste vs reversion vs remainder vs pur autre vie; Life tenants cannot harm the property or reduce its value.

Answer 17

doctrine of waste

Question 18

doctrine of waste: wells or mines

Answer 18

The life tenant can use the land to harvest crops or, if mines and oil wells are already on the land, can extract minerals and oil from it, but the life tenant cannot establish new wells or mines

Question 19

What happens with life estate after death

Answer 19

A life estate always has a future interest that determines who gets the property after the life tenant’s death.

Question 20

“Life Estate” Reversion vs Remainder : Ownership returns to the grantor (person who originally owned the property) after the life estate ends.

Answer 20

reversion

Question 21

“Life Estate” Reversion vs Remainder : Ownership is granted to a third party (not the grantor) after the life estate ends.

Answer 21

remainder

Question 22

“Life Estate” Reversion vs Remainder : Liz conveys “to Guy for life, then to John.” After Guy dies, John gets Greenacre.

Answer 22

remainder

Question 23

“Life Estate” Reversion vs Remainder : Liz conveys “to Guy for life.” After Guy dies, Greenacre returns to Liz.

Answer 23

reversion

Question 24

“Life Estate” doctrine of waste vs reversion vs remainder vs pur autre vie: Life estate based on the lifetime of someone other than the life tenant

Answer 24

pur autre vie

Question 25

“Life Estate” doctrine of waste vs reversion vs remainder vs pur autre vie: Liz conveys “to Guy for the life of Vincent.” Guy owns Greenacre while Vincent is alive.

Answer 25

pur autre vie

Question 26

“Concurrent Ownership of Property” tenancy in common vs joint tenancy: Each owner has an undivided interest in the property and the right to possession and use, but none claims any specific portion of the property

Answer 26

tenancy in common

Question 27

“Concurrent Ownership of Property” methods

Answer 27

inheritance through intestate succession and unequal ownership shares

Question 28

“Concurrent Ownership of Property” Sarah dies without a will, leaving three children (Alice, Bob and Charlie)

Answer 28

-inheritance through intestate succession
-The family home becomes co-owned by Alice, Bob, and Charlie as tenants in common
-Each child has an undivided one-third interest in the entire property
-Alice decides to sell her share to an outsider, but Bob and Charlie retain their interest
-Their remain distinct, and the new owner now shares the peroperty as a tenant in common

A type of shared ownership where each person owns a percentage of the property.
Key Points:
Owners have an undivided interest, meaning no one owns a specific part (e.g., no one claims one bedroom or the backyard alone).

Question 29

“Concurrent Ownership of Property” Jack and Jill purchase a vacation home together. Jack contributes 70% of the purchase price, and Jill contributes 30%

Answer 29

-Unequal Ownership Shares
-They agree that their interest in the property will reflect their contributions
-jack owns a 70% undivided interest and Jill owns a 30% undivided interest
-Both have the right to use and occupy the entire property, but their financial interests are unequal

Question 30

“Concurrent Ownership of Property” tenancy in common vs joint tenancy: Co-ownership of property with the right of survivorship

Answer 30

joint tenancy: right of survivorship, meaning at the time of death of one joint tenant , the property passes to the survivor(s)

Question 31

“Concurrent Ownership of Property” Emma and Noah purchase a home as joint tenants with the right of survivorship.

Answer 31

-Survivorship between spouses
-They satisfy the Four Unities
-time: they acquire ownership at the same time
-title: ownership comes through the same deeds
-interest: they each hold an equal 50% interest
-possession: they share equal rights to use and enjoy the property
-if Emma passes away, Noah automatically becomes the sole owner of the property, regardless of Emma’s will

Question 32

“Concurrent Ownership of Property” Sophia, Liam, and Ava purchase a rental property as joint tenants. Liam decides to sell his interest to an outsider, Mark.

Answer 32

This sales breaks the joint tenancy for Liam’s portion
now, Sophia and Ava remain joint tenants for their shares, but Mark becomes a tenant in common with Sophia and Ava

Question 33

Land Use Restrictions:

Answer 33

Limited right to use the land of another in a specified manner, without owning it

example: Leroy owns Rockbottom, a farm situated between Hardscrabble, a farm owned by Lester, and a riverside dock used to ship farm produce. If Leroy grants Lester the right to cross Rockbottom for purposes of moving his farm produce to the riverside dock, and easement has been created

Question 34

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conversation: Created through a written agreement or deed

Answer 34

express grant

Question 35

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation

-Rachel owns a large piece of land and sells part of it to Tom.
-Rachel includes in the deed a written grant allowing Tom to use a path on Rachel’s land to access the main road.
-This easement is formally documented and legally binding.

Answer 35

express grant

Question 36

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation: Arises from the historical use of land, even without a written agreement

Answer 36

Implied Grant or Reservation

Question 37

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation:
-Maria owns a farmhouse and uses a private driveway that crosses part of her land to reach the barn
-When Maria sells a part of her land (including the barn) to Joe, the sale does not explicitly mention the driveway
-however, because the driveway was historically used to access the barn, Joe has an implied easement to use it

Answer 37

Implied Grant or Reservation

Question 38

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation: Created when a landowner sells a portion of their property that has no access to public roads

Answer 38

necessity

Question 39

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation:
-Sarah sells a landlocked parcel of her property to Mike
-Mike must cross Sarah’s remaining land to reach the nearest public road

Answer 39

Necessity
-An easement by necessity is created, as Mike cannot reasonably access his land without it

Question 40

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation: An easement granted for public use, often implied by long-standing use

Answer 40

Dedication

Question 41

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation:
-A trail on John’s property has been used by the local community for years to reach a nearby park
-John has not objectified to this use

Answer 41

-Dedication
-Over time, this trail becomes a public easement by dedication because John’s failure to object implies intent to dedicate the trail for public use

Question 42

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation : Created through adverse, open , and continuous use of land over a legally defined period

Answer 42

-Prescription

Question 43

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation :-Adam regularly crosses Eve’s property to reach the beach
-Over several several years, Adam’s frequent use creates a clear footpath
-eve never objects to Adam’s use, and Adam’s behavior meets legal criteria

Answer 43

Prescription

Question 44

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation :legal agreement between a landowner and government agency. It restricts certain types of development and usage of of land to achieve specific goals.

Answer 44

conservation

Question 45

“Types of Easements” Express Grant, Implied Grant or Reservation, Necessity, Dedication, Prescription, conservation : this easement does not benefit the dominant estate and are generally perpetual and have tax incentives , authorized by statutes in almost all states,

Answer 45

Unique Characteristics:

Unlike traditional easements, conservation easements do not benefit a dominant estate (i.e., there isn’t another piece of land that gains a direct advantage). Instead, they benefit the public indirectly by preserving environmental or historic resources.
Conservation easements are generally perpetual, meaning they last indefinitely, binding not only the current owner but also future owners.

Tax Incentives:

Landowners who create conservation easements often receive significant tax benefits.
The reduction in the land’s development value is treated as a charitable contribution for tax purposes.
This deduction applies in the tax year when the easement is created, encouraging property owners to engage in long-term conservation efforts.
Legal Framework:

Conservation easements are authorized by statutes in almost all states, often modeled on the Uniform Conservation Easement Act (UCEA).
These statutes provide the legal structure for creating, enforcing, and benefiting from conservation easements.
Enforcement:

Conservation organizations or government agencies are responsible for monitoring compliance and enforcing the terms of the easement.
Violation of the terms can result in legal action, fines, or restoration requirements.

Question 46

What are the permitted purposes of conservation easements? (Choose the correct ones from the following options:)

Preserve natural resources (e.g., forests, wetlands, waterways).
Protect wildlife habitats and ecosystems.
Safeguard historic landmarks and structures.
Maintain open spaces for recreation or aesthetic value.
Allow commercial development of the land.
Create industrial zones.
Establish public parking lots.

Answer 46

Permitted Purposes:

Preserve natural resources: Forests, wetlands, waterways.
Protect wildlife habitats and ecosystems.
Safeguard historic landmarks and structures.
Maintain open spaces for recreation or aesthetic value.
Not Permitted:

Commercial development.
Industrial zones.

Question 47

What are the key facts and legal principles established in United States v. Causby, 328 U.S. 256 (1946)?

Answer 47

Facts of the Case:

U.S. military planes flew regularly and frequently over a chicken farm.
Planes passed at 83 feet above the property, 67 feet above the house, and 18 feet above the highest tree.
The flights caused sleep deprivation, frightened chickens into fatal accidents, and forced the plaintiffs to abandon their chicken farming business.
Legal Principles Established:

Enveloping Atmosphere Doctrine: Landowners are entitled to exclusive control of the immediate reaches of the atmosphere above their land.
This ensures full enjoyment and use of the property, including erecting buildings, planting trees, and maintaining fences.
The landowner owns as much of the airspace as they can reasonably occupy or use in connection with the land.

Question 48

What is the “enveloping atmosphere doctrine,” and how does it protect landowners’ rights?

Answer 48

-The doctrine ensures that landowners have exclusive control over the immediate reaches of the airspace above their land.
-Protects landowners’ ability to:
Erect buildings.
Plant trees.
Maintain fences or other structures.
-Recognizes that overhanging structures or excessive use of airspace by others interferes with property rights.
-Originated in United States v. Causby (1946), where military flights disrupted the plaintiff’s land use.