Property Special Topics Flashcards
What is a joint tenancy?
A type of concurrent estate in which each co-tenant has an undivided and equal interest in the property with the right of survivorship.
What are the four unities required for a joint tenancy?
Possession, Interest, Time, Title.
What does the unity of possession entail in a joint tenancy?
Co-tenants share an equal right to possess or use the property.
What does the unity of interest mean in a joint tenancy?
Co-tenants each have an equal interest in the property.
What is meant by the unity of time in a joint tenancy?
Property interests simultaneously vest in all co-tenants.
What does the unity of title refer to in a joint tenancy?
Property interests received in the same instrument of conveyance.
What happens if any of the four unities of a joint tenancy are lost?
The noncomplying interest is severed from the joint tenancy and becomes a tenancy in common.
If a brother conveyed his interest in a joint tenancy to his wife, what happens to the joint tenancy?
The joint tenancy lost the unities of time and title, converting to a tenancy in common.
True or False: The wife’s reconveyance to the brother reestablishes the joint tenancy.
False.
Give Yourself a Five
Give Yourself a Five
Fill in the blank: A joint tenancy relies on the coexistence of four unities, often remembered by the acronym _______.
PITT.
What is the landlord’s duty to repair in residential leases?
Landlords must repair substantial defects not caused by the tenant
This is part of the implied warranty of habitability.
Under what conditions does a landlord have no duty to repair in residential leases?
Unless statute or contract requires repairs
This applies to ordinary repairs.
What remedies does a tenant have if the implied warranty of habitability is violated?
- Refuse to pay rent until repairs are made
- Remedy the defect and offset costs against rent
- Defend against eviction by asserting constructive eviction
The tenant must notify the landlord and allow a reasonable opportunity to correct the issue.
What constitutes a substantial defect in a leased residence?
Defects that affect basic safety and living conditions
Examples include issues like electricity failure.
What must a tenant do before exercising remedies for a defect?
Notify the landlord of the problem and give a reasonable opportunity to correct it
A reasonable opportunity is typically considered to be a timeframe that allows for effective action.
What is the effect of a landlord’s failure to repair a defect?
The tenant is entitled to withhold rent
This can lead to a breach-of-contract action.
In commercial leases, what is the general rule regarding ordinary repairs?
Landlords have no duty to make ordinary repairs unless statute or contract requires
This is a significant distinction from residential leases.
What happens if a tenant’s electricity stops working through no fault of their own?
The tenant may withhold rent if the landlord fails to repair after notification
This reflects the tenant’s rights under the implied warranty of habitability.
True or False: A landlord is always obligated to repair any defect in a leased property.
False
The obligation depends on the type of lease and specific contract terms.
What is the implied warranty of habitability?
A legal doctrine that ensures residential properties meet basic safety and living conditions
Violations allow tenants to seek remedies related to repairs.
What is the implied warranty in all land-sale contracts?
The seller will convey marketable title to the buyer upon closing unless otherwise stated.
How can parties eliminate the warranty of marketable title?
By expressly contracting to transfer whatever title the grantor has to the buyer by a quitclaim deed.
What is a warranty of marketable title?
A promise that title is reasonably free from doubt and under no threat of litigation.
What can render title unmarketable?
Encumbrances, existing zoning violations, or defects in the chain of title.
What is the seller’s right regarding a mortgage at closing?
The seller has the right to satisfy the mortgage up to the time of closing.
How can the sale proceeds be used in relation to a mortgage?
Sale proceeds are often used to satisfy the mortgage debt.
What is an easement in the context of property title?
An easement is a type of encumbrance that can render title unmarketable if it reduces the property’s value.
What is the effect of utility easements on marketability?
Utility easements often benefit the property and have no effect on marketability.
How do right-of-way easements affect property value?
Right-of-way easements often burden the property by allowing another to travel over it, thereby reducing its value.
True or False: A mortgage typically renders title unmarketable.
False
Fill in the blank: Title can be rendered unmarketable by _______ that reduce the land’s value.
easements
What can a buyer do if they believe the title is unmarketable?
The buyer can refuse to close.
What is the educational objective regarding marketable title in land-sale contracts?
Marketable title is implied in all land-sale contracts and can be affected by easements and zoning violations.
What is required for a land-sale contract to be legally enforceable?
Valuable consideration
What does valuable consideration in a contract involve?
A bargained-for exchange of legal positions between the parties
What must each party do to support valuable consideration?
They must either:
* Perform, or promise to perform, some act that is not legally required
* Refrain, or promise to refrain, from performing some legally permissible act
In a land-sale contract, what does the seller promise?
To convey title to the buyer
In a land-sale contract, what does the buyer promise?
To pay the seller the purchase price
What is the purpose of an earnest money down payment?
To show a good faith intent to complete the purchase
Is an earnest money down payment necessary to form a valid contract?
No
Why will the owner win in a dispute regarding a land-sale contract?
Because the contract meets the general contract rules regarding consideration
What is After-Acquired Title?
A legal concept where a grantor conveys property they do not own at the time of the conveyance, but any later-acquired title automatically transfers to the grantee.
This principle ensures that if a grantor acquires title to the property in the future, it automatically passes to the grantee.
What does the term ‘nephew’ refer to in legal contexts?
The son of one’s sibling or sibling-in-law.
In legal documents, relationships like nephew can define inheritance rights.
What is the significance of ‘conveyance’?
The act of transferring property ownership from one party to another.
Conveyance can be executed through various means, including deeds.
Fill in the blank: A grantor must have _______ to convey property effectively.
[legal title].
True or False: A deed can prevent the automatic transfer of title under After-Acquired Title.
True.
If a deed explicitly states restrictions, it can prevent the automatic transfer of title.
What happens if a grantor does not own the property at the time of conveyance?
The title will automatically transfer to the grantee once the grantor acquires it later.
This is the essence of After-Acquired Title.
What is the role of a deed in property transactions?
A deed serves as a legal document that conveys title and outlines the terms of the transfer.
It must be executed properly to be effective.
Fill in the blank: If a nephew acquires land, his title may be affected by the _______ of the original grantor.
[actions].
What can prevent a nephew from acquiring title despite a grantor’s later acquisition?
Restrictions or conditions stated in the original deed.
Such restrictions can limit the rights of heirs or subsequent purchasers.
What is a fee simple estate?
An ownership interest in land that lasts for an indeterminate duration
What are defeasible fees?
Ownership interests in land that may be terminated by the happening of a stated event
What is the difference between a fee simple absolute and a defeasible fee?
Fee simple absolute lasts indefinitely; defeasible fees may be terminated by specific events
List the types of fee simple estates.
- Fee simple absolute
- Fee simple determinable
- Fee simple subject to condition subsequent
Fill in the blank: A fee simple determinable is characterized by _______.
[durational language]
What are examples of durational language in a fee simple determinable?
- ‘so long as’
- ‘during’
- ‘until’
What is the grantor’s possibility of reverter?
The right of the grantor to regain ownership if a fee simple determinable terminates
Fill in the blank: A fee simple subject to condition subsequent is characterized by _______.
[conditional language]
What are examples of conditional language in a fee simple subject to condition subsequent?
- ‘but if’
- ‘provided that’
- ‘unless’
What is the third party’s executory interest in relation to a fee simple subject to executory limitation?
A future interest held by a third party that may arise upon the termination of the fee simple
What is the grantor’s right of entry?
The right of the grantor to reclaim property if a condition in a fee simple subject to condition subsequent is violated
True or False: Language that limits only the purpose of the transfer creates a defeasible fee.
False
In the example provided, what type of estate was created when the pastor conveyed land ‘to my church for the purpose of erecting a church building thereon’?
Fee simple absolute
What was the outcome of the church’s failure to construct a church building on the land?
The ownership interest in the land was not terminated
Fill in the blank: The church effectively conveyed the land to a _______.
[real estate developer]
What is a tenancy for years?
An estate measured by a fixed and ascertainable amount of time
Created by an agreement between the landlord and the tenant.
What happens upon the expiration of a tenancy for years?
Termination occurs automatically with no notice required from either party
A tenant who remains becomes a tenant at sufferance.
Define periodic tenancy.
Tenancy that periodically renews until terminated
Indefinite period with reasonable notice required.
What is a tenancy at will?
Presumed when a lease has no specified termination date
Implied when a person is allowed to possess premises without paying rent.
What is a tenancy at sufferance?
Implied when a tenant keeps possession after a lease expires
Continues until the landlord evicts or the tenant vacates.
What creates a tenancy for years?
An agreement between the landlord and the tenant for any length of time
Examples include one week, six months, or five years.
What occurs if a tenant remains after the term of a tenancy for years?
They become a tenant at sufferance
Also referred to as a holdover tenant.
What is required for termination of a periodic tenancy?
Proper notice is required
Termination can also occur due to breach of certain covenants.
Fill in the blank: A tenancy for years is an estate measured by a _______.
[fixed and ascertainable amount of time]
True or False: A tenant at will has a lease with a specified termination date.
False
A tenancy at will has no specified termination date.
What happens if a landlord accepts rent after the lease term expires?
It creates a periodic tenancy
This indicates that the tenant remains in possession.
What does ‘de novo’ mean in the context of appellate court reviews?
A pure legal issue that an appellate court reviews without deference to the lower court’s conclusions.
What type of issues do appellate courts review de novo?
Pure legal issues.
What is required to establish jurisdictional requirements in appellate court reviews?
These requirements can be established through specific legal criteria.
True or False: An appellate court gives significant deference to the findings of the lower court when reviewing a case de novo.
False.
Fill in the blank: An appellate court reviews a pure legal issue _______.
[de novo].
