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Property + Wills Flashcards

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1
Q

Due On Sale Clauses are Void When: (3)

A

Residential property is (a) transferred to a family member upon divorce (b) goes to joint tenant upon death (c) granting a lease of less than 3 years

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2
Q

Notice Statutes are measured at the time that:

A

Transferee obtains an interest in the property

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3
Q

Exoneration of liens

A

In a will, a recipient of a specific devise can use the remaining assets in testator’s estate to pay off any encumbrances of the specifically devised property

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4
Q

Covenant termination

A

Must be through a clear act, not merely neglect or nonuse

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5
Q

Rule of convenience

A

Class closes when the testator dies.

When applied, RAP does not void a class gift because the class is closed when any member is entitled to immediate possession of their interest

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6
Q

Equitable conversion

A

In between K and closing, the buyer holds equitable title and the seller holds legal title. Buyer bears the risk of loss, and seller has the right to possess

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7
Q

Judicially supervised foreclosure sale

A

Junior interests must be made parties in the foreclosure, otherwise their mortgage lives on
SOMETHING ELSE

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8
Q

Deeds are completely void if: (3)

A

(a) signature was forced (b) deed forged (c) grantor deceived about the document

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9
Q

Deed requirements (4)

A

Parties; signed by grantor; words of (present intent to) transfer; description

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10
Q

voluntary Rescission of land contract

A

Agreement by parties in writing OR orally

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11
Q

Does someone who inherits land need to have notice of a covenant to be bound by it?

A

No!

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12
Q

Joint tenancy requirements (PITT)

A

Clearly conveyed, “With right to survivorship”; possession; equal interest; received at the same time; received though the same instrument of title

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13
Q

Co-tenants get the right of reimbursement or contribution for:

A

Rent; taxes; mortgage. NOT repairs or improvements (but repairs are taken into account in a partition sale)

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14
Q

Tenancy for years terminates when?

A

Automatically, upon the expiration of the term

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15
Q

Constructive eviction occurs when: (4)

A

premises unusable for their intended purposes; tenant notifies landlord; landlord does not correct; tenant VACATES

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16
Q

Implied covenant of quiet enjoyment (3)

A

Applies to residential and commercial; landlord takes action making the premises unsuitable for their intended purposes; tenant is constructively evicted

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17
Q

Statute of Frauds essential terms (3)

A

the parties; description of property; price and payment info

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18
Q

Part performance (sof)

A

Need at least two: (a) payment (b) possession (c) substantial improvements

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19
Q

Remedy for breach of marketable title?

A

Rescission of K

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20
Q

Land K: Remedies on breach

A

rescission; specific performance; damages (but if seller breaches in good faith, buyer recovers only out of pocket expenses)

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21
Q

Land K: Remedies on breach

A

rescission; specific performance; damages (but if seller breaches in good faith, buyer recovers only out of pocket expenses)

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22
Q

Real Covenant requirements (5)

A

Writing; intent; touch and concern the land; notice; privity (horizontal: conveyance = same instrument. vertical: successor takes entire interest)

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23
Q

Real covenant remedy v. equitable servitude remedy

A

Damages v. equitable relief

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24
Q

Equitable servitude requirements

A

Same as real covenant, but not required: (a) privity (b) in writing

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25
Q

Who gets the chattels located within real property - buyer or seller?

A

The buyer, unless K says otherwise

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26
Q

Estoppel by deed

A

If you sell real property via WARRANTY deed before actually owning it, you cannot re-possess.

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27
Q

Doctrine of worthier title

A

“To X for life, then to MY heirs” gives no future interest to your heirs, but rather a reversion

28
Q

Rule in Shelley’s case

A

“To Anna for life, then to Anna’s heirs” gives Anna a fee simple

29
Q

Must a condition precedent be satisfied for a broker to be paid under “ready, willing, and able” signed land contract?

A

Yes

30
Q

Must an agreement to assume a mortgage be in writing?

A

No

31
Q

How are lease restrictions on assignments and subleases interpreted by courts?

A

Narrowly! If a lease forbids assignments but is silent as to subleasing, subleasing is allowed.

32
Q

Waste + Mortgages: when does waste occur?

A

When the mortgagee’s security interest in the property is impaired. This duty exists even when the contract is silent.

33
Q

Shelter rule

A

A person who gets property from a bona fide purchaser has the same rights as her grantor would under the recording act

34
Q

Subrogation (mortgages)

A

When a third party pays off another person’s mortgage, in full, they become the owner of the property

35
Q

After-acquired title doctrine

A

O who attempts to transfer real property that he does not own (yet) to A. O subsequently becomes owner of that property. O is estopped from transferring title to anyone else, because title to the parcel AUTOMATICALLY vests to A upon O’s acquisition of the parcel.

36
Q

Uniform Vendor and Purchaser Act

A

Seller bears the risk of loss between K and closing (opposite of equitable conversion)

37
Q

Easement by necessity (2)

A

When a property is virtually useless without an easement. (a) dominant and servant estates were once owned by one person (b) necessity was created at severance

38
Q

Easement by implication

A

Created by existing use. (a) dominant and servant estates once owned by one person (b) used the land as if there was an easement (c) use was continuous after severance (d) use is reasonably necessary

39
Q

Easement by estoppel

A

(a) started with permission (b) good faith and reasonable reliance on license (c) detrimental reliance after permission was withdrawn

40
Q

Scope of express easement

A

Look to terms when created, intent of the parties when terms are ambiguous. Changes in use must be reasonably foreseeable. CANNOT use it for after-acquired property.

41
Q

Must express termination of an easement be in writing?

A

Yes!

42
Q

Implied reciprocal servitude

A

(a) developer intends to create a covenant (b) restrictions burden each parcel equally (c) successor of estate is on notice (inquiry or constructive) (d) common plan

43
Q

Is title obtained by adverse possession marketable?

A

NO, unless it has been quieted.

44
Q

Red flags for marketable title (8)

A

Covenants; easements; liens; adverse possession; leases; gaps in chain of title; boundary disputes; existing zoning violations

45
Q

Intermediate theory of mortgages (not lien nor title theory)

A

When the borrower defaults, the lender may take possession (don’t have to wait until foreclosure, like with lien theory)

46
Q

Ways to terminate easements (even express easements)

A

Destruction; abandonment; merger; prescription (servant owner prevents use for statutory period); estoppel; release in writing

47
Q

Lapse definition

A

Under CL if a beneficiary dies before testator, the gift to the beneficiary lapses/fails

48
Q

Anti-lapse statutes

A

If a gift lapses (beneficiary dies), if the beneficiary was blood related to the testator, the beneficiary’s surviving issue takes the gift, unless the gift was a class gift

49
Q

Ademption by extinction

A

If a specific gift in a will has been destroyed/missing, beneficiary takes nothing, unless it looks like testator intend it to be transformed into a general gift of $$

50
Q

Undue influence Elements (4)

A

Victim is vulnerable; influencer has apparent authority over testator; influencer’s tactics; equity of result

51
Q

Undue influence presumption attaches when: (3)

A

Confidential relationship (including parent); beneficiary participated in executing will; gift was unnatural

52
Q

Omitted children can force an intestate share if:

A

born after will or codicil’s execution; unintentionally omitted; hasn’t already been provided for; parents haven’t already been provided for

53
Q

Holographic will is valid if:

A

Material provisions (beneficiaries and property) are handwritten; signed by testator. Need not be dated.

54
Q

Attested will requirements to be valid:

A

In writing; dated; signed by testator; attested by two disinterested witnesses who understand they’re signing a will

55
Q

Threshold will validity requirements (2)

A

Capacity; intent

56
Q

Intestacy in California

A

Spouse takes 100% of CP. SP share is divided up equally between spouse and relatives depending on how many surviving relatives they are

57
Q

Will revocation by subsequent instrument

A

In writing. Partial or complete; express or implied by conflict. Later instrument controls.

58
Q

General testamentary capacity (3)

A

Understand the nature of the act of making a will; understand the nature and character of property; remember and understand familial relationships

59
Q

Substantial compliance

A

In California, if a will is not executed with all the right formalities, the proponent of a will can still establish it is valid by clear and convincing evidence

60
Q

Insane delusion

A

If the testator holds a belief that no rational person would hold if they were in the testator’s position, and the delusion was the sole cause of making a will

61
Q

Fundamental right to privacy - familial relations

A

Related family members have the fundamental right to live together in a single household (14th am due process)

62
Q

Do you need to quiet title before conveying property you obtained through AP?

A

NO! Conveyance must be in writing, but you do not need first quiet title.

63
Q

In which ways does the fair housing act still apply to owner-occupier dwellings of 4 or less units?

A

When (a) advertisements state a preference for a protected class (b) owner is assisted by real estate agent, broker

64
Q

A mortgagee is always entitled to take possession (regardless of lien / title theory) if what occurs?

A

Mortgagor abandons the property

65
Q

How can a mortgagee in possession avoid liability risks with regards to the property?

A

By hiring a court-appointed receiver to manage the property in lieu of taking possession.

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