Quiz 4 Flashcards
- True False
Touch and concern is not required for the burden or the benefit of a covenant to run if the Restatement of Property Third approach regarding running covenants is in force in the jurisdiction in which the property in question is located.
TRUE: The Restatement of Property Third supersedes touch and concern and replaces touch and concern with other tests (e.g., reasonableness, etc.). If necessary, review page 699 of the course text and pages 5 and 6 of Servitudes-Covenants Supplement 1.
- True False
An easement implied by necessity is an easement in gross.
FALSE: Easements implied by prior use or implied by necessity are inherently appurtenant easements because such an easement arises as a burden on one parcel of land and as a benefit to another parcel of land. If necessary, review pages 646 to 668 of the course text, Servitudes-Easements Supplement 6, and page 12 of the Week 7 Panels.
- True False
A local land use ordinance is valid if it is a proper exercise of the state’s police power.
TRUE: If necessary, review pages 749 – 760 of the course text and page 1 of the Week 13 Panels.
- True False
Every lot, parcel, or unit of a common interest community is a burdened lot, parcel, or unit under the third-party beneficiary theory.
FALSE: Although all lots, parcels, or units of a common interest community are benefited lots, parcels, or units under the third-party beneficiary theory, a lot, parcel, or unit is not a burdened lot if the subject land use covenant (a.k.a., land use restriction) is not included in the deed chain regarding the lot, parcel, or unit. If necessary, review page 6 of the Week 11 Panels.
- True False
According to California statutory law, language that would create a determinable life estate according to the common law creates a life estate subject to a condition subsequent; and the transferor will have retained a power of termination rather than a possibility of reverter.
FALSE: The statutory law to which the statement alludes pertains only to fee simple estates. That statute does not pertain to life estates. If necessary, review Point for Discussion b on page 319 of the course text and pages 35 and 36 of the Week 3 Panels.
- True False
According to California statutory law, a common interest community use restriction is presumed reasonable.
TRUE: If necessary, review pages 707 – 712 of the course text and page 9 of the Week 11 Panels.
- True False
X, Y, and Z are concurrent owners of the fee simple absolute estate in real property commonly known as Greenacre. X is in possession of Greenacre. Y and Z consented to X going into possession of Greenacre. According to the prevailing view, X does not owe rent to Y and Z.
TRUE: If necessary, review pages 374 – 378 of the course text, in particular, Point for Discussion a on p. 377, and Concurrent Ownership Supplement 4.
- True False
The owner of an easement has a possessory right to use real property owned by another person.
FALSE: An easement is a nonpossessory right to use real property owned by another person. If necessary, review pages 640 and 641, Point for Discussion a which includes a cite of the case of Millbrook Hunt, Inc. v. Smith; page 4 of the Week 7 Panels, and Servitudes-Easements Supplement 2; and page 550 of the course hornbook.
- True False
Per the common law regrant theory, an express easement cannot be reserved in favor of a third party.
TRUE: If necessary, review page 640 of the course text and page 8 of the Week 7 Panels.
- True False
Although an easement can be abandoned, a land use covenant cannot be abandoned.
FALSE: A land use covenant can be abandoned. If necessary, review page 724, 2nd paragraph of the course text and page 10 of the Week 12 Panels.
Problem No. 11
Parcel 1 and Parcel 2 are contiguous parcels of land located in California. D owns Parcel 1. P owns Parcel 2. In January of 2023, P told D that it had become necessary for P to use a roadway that exists over Parcel 1. D responded immediately by telling P that P can use the roadway. Recently, D told P that P cannot use the roadway any longer because D plans to construct a building on Parcel 1 that will extend into what is now the roadway. P has sued D to enjoin D from obstructing P’s use of the roadway. Which one of the following statements is the most accurate statement?
A. P will prevail because the stated facts are sufficient to enable P to prove that D is estopped from obstructing P’s use of the roadway.
B. P will prevail because D’s conduct is an attempt to revoke P’s right to use the roadway, and P’s right to use the roadway cannot be revoked by D.
C. P will prevail because the stated facts are sufficient to enable P to prove that P has an irrevocable, prescriptive right to use the roadway.
D. Neither Statement A, nor Statement B, nor Statement C is an accurate statement.
ANSWER: D
The permission that D gave P to use the roadway that exists over Parcel 1 was a revocable license because the permission was given orally by D to P. An express, irrevocable easement by grant must be created by a writing that satisfies the requirements of the Statute of Frauds. D revoked the license when D told P that P could not use the roadway any longer. That revocation terminated P’s right to use the roadway. Statement A is not an accurate statement because it is not a foregone conclusion that P can prove D is estopped. It is open to question whether an irrevocable license by estoppel is or is not recognized under the laws of the state. Even if a license can become irrevocable by estoppel per the laws of the state, it is open to question whether P reasonably relied upon D’s oral permission to P’s detriment. Statement B is not accurate for the same reasons that Statement A is not an accurate statement. Statement C is not accurate because any use of the roadway over Parcel 1 by P was pursuant to the permission that D orally granted to P. Hence, any use of the roadway by P was neither hostile nor adverse.
Problem 12
Transferor deeded Blackacre to Transferee and retained title to Whiteacre. The deed includes the following language: “Transferor covenants that Blackacre shall be used for residential purposes only and that covenant is binding on Transferor, and Transferor’s successors and assigns.” Transferor’s deed to Transferee is a deed poll. Transferor created an enforceable land use covenant because:
A. The writing satisfies each of the requirements of the Statute of Frauds.
B. Transferee accepted the writing.
C. The quoted language is sufficient to create an enforceable land use covenant.
D. The covenantor manifested the intent for the burden of the covenant to run.
ANSWER: A
Here, the Transferor is the covenantor. The requirements of the Statute of Frauds are satisfied because the deed poll is a writing, the terms of the covenant in question are included as part of the deed poll, and the fact that the writing is a deed poll means that writing was subscribed by the covenantor, the party to be bound, in the covenantor’s capacity as the transferor of the title to Blackacre. Statement B would be the correct answer if the transferee was the covenantor. Here, the transferee is the covenantee. The transferee is not the covenantor. Statement C is not the correct answer because that fact alone is not sufficient to establish that the land use covenant is enforceable. Statement D is not the correct answer because a manifestation of intent for the burden of a covenant to run alone is not sufficient to establish that the land use covenant is enforceable.
Problem 13
Yellowacre is a parcel of land located in California. O acquired the possessory fee simple absolute title to Yellowacre. Subsequently, O granted an undivided ½ interest in the fee simple absolute title to Yellowacre to A. Two months later, O granted “an undivided ½ interest in the fee simple absolute title to Yellowacre to O and B as joint tenants with right of survivorship.” A has died intestate survived by O, B, and H who is A’s sole heir at law. Which one of the following statements best describes the current state of the ownership of the possessory fee simple absolute title to Yellowacre?
A. O, B, and H are tenants in common with each owning an undivided 1/3 interest.
B. H owns an undivided 1/2 interest as a tenant in common with O and B who each own an undivided ¼ interest as joint tenants.
C. O, B, and H are tenants in common with O owning an undivided ¼ interest, B owning an undivided ¼ interest, and H owning an undivided ½ interest.
D. O and B own an undivided ½ interest each.
ANSWER: B
CA law applies. O created a tenancy in common between O and A with each owning an undivided ½ interest in and to the fee simple absolute title in and to Yellowacre. Two months later, O created a joint tenancy between O and B with each owning an undivided ¼ interest in and to the fee simple absolute title in and to Yellowacre. A remained a tenant in common with O and also became a tenant in common with B. A’s undivided ½ interest was inherited by H who became a tenant in common with O and B. If necessary, review pp. 356 and 357 of the course text; pages 6 to 8 of the Week 6 Panels.
Problem 14
Which one of the following statements is the truest statement?
A. The 5th Amendment to the United States Constitution includes limitations on the inherent power of the Federal Government to exercise eminent domain.
B. The common law prohibition against an inter vivos transfer of a power of termination is in force in California.
C. A life estate pur autre vie terminates when the owner of the estate dies.
D. The Restatement of Property (Third) expands the methods by which horizontal privity may be proven.
ANSWER: A
Statement A is a true statement. If necessary, review page 851, pp. 1 – 2 of the Eminent Domain Supplement, and page 2 of the Week 14 Panels. Statement B is not an accurate statement. If necessary, review pages 319 – 320, Point for Discussion c, p. 1 of Estates & Future Interests Supplement 10A, and pages 40 and 41 of the Week 3 Panels. Statement C is not an accurate statement. A life estate pur autre vie terminates when the person by whose life the duration of the estate is determined dies. If necessary, review pages 297 and 298 of the course text, Estates and Future Interests Supplement 8, and page 14 of the Week 3 Panels. Statement D is not an accurate statement. The Restatement abandons horizontal privity. If necessary, review page 699 of the course text and p. 8 of the Week 10 Panels.
Problem 15
A zoning ordinance that regulates floor to area ratio is a type of:
A. Non-cumulative zoning ordinance.
B. Performance zoning ordinance.
C. Bulk zoning ordinance
D. Cumulative zoning.
ANSWER: C – If necessary, review pp. 1 and 2 of Zoning Supplement 2.
