Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Constitutional Law > Real Property > Flashcards

Real Property Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Fee Simple

A

is divisible, descendible, and alienable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Fee tail

A

abolished as a matter of public policy AND turns into a fee simple

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

life estate

A

Limited by the doctrine of waste (ameliorative waste does not count if property was condemnable)

FUTURE INTEREST= reversion of grantor OR remainder in 3rd party

If life estate in 2 people, contingent remainder in fee simple upon death of first.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

fee simple determinable

A

REQUIRES= clear conditional language, violation of which leads to automatic forfeiture

CHARACTERISTICS: divisible, descendible, and alienable BUT always subject to durational condition

FUTURE INTERESTS: Possibility of Revertor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Fee Simple Subject to Condition Subsequent

A

REQUIRES = clear language that grantor has right to re-enter

CHARACTERISTICS = divisible, descendible, alienable, subject to condition. If violated –> interest may terminate at grantor’s option

FUTURE INTEREST= Right of entry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Fee Simple Subject to Executory Limitation

A

CHARACTERISTICS= divisible, descendible, alienable but subject to limitation

FUTURE INTEREST= Shifting Executory interest to3rd Party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Future Interests to Grantor

A

1) Possibility of Revertor
2) Right of Entry
3) Reversion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Shifting Executory Interest (Future Interests to 3rd Party)

A

Follows defensible fee of some sort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Contingent Interest

A

Future interest of third party

Unascertained person OR subject to condition precedent, or both

If condition precedent, conditional language appears before language creating remainder

If satisfied, becomes an indefeasibly vested remainder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Vested Remainder

A

future Interest of third party

Ascertainable AND NOT subject to condition precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Indefeasibly Vested Remainder

A

Future Interest of Third Party

Third person certain to acquire future interest without condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Vested remainder Subject to Complete Defeasance/Total Divestment

A

Third Party’s future interest could get short by satisfaction of a condition subsequent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Doctrine of waste

A

(Very Athletic Purple Aliens)

Voluntary OR Affirmative waste

Permissive Waste

Ameliorative Waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Voluntary or Affirmative Waste

A

Overt conduct causing a decrease in value or consumption/exploitation of natural resource

Exceptions = PURGE
Prior Use (if exploitation previously occurred, but limited to Open Mines Doctrine)
Reasonable repairs
Grant; or
Exploitation (land only suitable for this purpose ).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Permissive Waste

A

Life Tenant must pay all ordinary taxes and mortgage interest payments, and protect land from disrepair by conducting reasonable maintenance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ameliorative Waste

A

acts that may enhance property’s value not allowed UNLESS future interest holders know + give consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Rule Against Perpetuities

A

Voids Future interests if any the possibility that is given in interest may vest >21 after death of measuring life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

RAP Analysis

A

1) Last person mentioned by proper name
2) Next subsequent party not mentioned by proper name takes
3) the rest is truck

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

RAP Reform

A

Wait and See/Maj. J. = determine RAP at end of measuring life

Uniform Statutory RAP: provides for 90 year vesting period instead of life + 21 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Joint Tenancy

A

Four Unities = TTIP (time; title; interest (equal) AND possession of the whole)

Grantor must clearly express survivorship rights

CHARACTERISTICS= not devisable or descendable; alienable BUT destroys joint tenancy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How to sever a joint tenancy?

A

SPAM – Sale, Partition (voluntary agreement; partition in kind; forced sale), Mortage (IF title theory, not client title theory)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Tenancy by the Entirety

A

Martial interest between H & W with right of survivorship

CREATION = only H&W who takes as one. Presumption when couple takes

CHARACTERISTICS = creditors can’t touch and no unilateral conveyance to 3rd party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Tenancy in Common

A

CHARACTERISTICS = each co-tenant owns individual part with right to enjoy/possess the whole

Descendible, divisible, and alienable. NO survivorship rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Rights of Co-Tenants

A

POSSESSION = each has the right to posses the whole ; no ouster
RENT FROM CO-T = none; absent ouster
RENT FROM 3rd PARTIES = lease of premises must account to co-T for fair share of income
ADVERSE POSSESSION = co-T can’t adversely possess unless valid ouster
CARRYNG COSTS = each co-T must pay for portion of taxes and mortgage
REPAIRS = contribution from other co-Ts if co-Ts advised reasonable & necessary repairs
IMPROVEMENTS= no contribution from Co-Ts. But at partition, improver responsible for increase or decrease in value
WASTE =no waste and liability if co-T commits
PARTITITION = an co-T can seek it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Tenancy of Years

A

lease of fixed/determinable period

TERMINATION = no notice required

Term > 1 yr MUST be in writing (SoF)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Periodic Tenancy

A

Successive or Continuous Intervals

TERMINATION = notice required; must be at least equal to length of period with end at natural lease tenancy

EXPRESS or IMPLIED

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Implied Periodic tenancy

A

1) no duration specified but payment required at specific intervals;
2) oral agreement of terms of years with payment at specific intervals OR
3) if landlord elects to holdover tenant who wrongfully stays

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Tenancy at will

A

no fixed period of duration

Termination at ANY time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Tenancy at Sufferance

A

T wrongfully holds over expiration of lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Tenant Duties: Duty to 3d Parties

A

Must keep premises in good receipt

Liability for injuries sustained by invitees, even if L promised to repair

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Duty To Repair (tenant duties)

A

must maintain premises and make ordinary repairs; no waste

FIXTURESL pass with ownership of land unless private OR T can remove without causing substantial harm to premises

LOSS: CL – T liable for any loss, including force of nature. Modification: if loss w/o fault of T, T may terminate lease.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Duty to pay rent (tenant duties)

A

CL: Duty independent of L’s obligation

Modern Modification: duty dependent on L’s covenants under lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Breach of Duty to Pay rent when Tenant in Possession of Property (tenant duties)

A

Commercial Ts: may be held for new yr-to-ry lease if original was > 1 yr

Residential Ts: held to new month-to-month lease, regardless of original term

Rent = new rent if L advised T before term of old lease OR old rent if L advised T after term.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

If Tenant Fails to Pay Rent when Out of Posession

A

Acronym = SIR

1) Surrender (L treats as ending of leasehold, but if > 1 yr left, writing may be required ):
2) Ignore (hold T responsible for rent unpaid);
3) Re-let (hold T liable for deficiency but L must diligently try to re-let)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Duty to deliver Possession (landlord duties)

A

Majority (English rule): put T in physical possession. IF former T on premises, L is liable for damages

Minority (American rule): Put T in legal possession, IF former T on premisses, that is T’s issue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Implied Covenant of Quiet Enjoyment (landlord duties)

A

Breached by Total/Partial Actual or Constructive Eviction

TOTAL EVICTION: L excludes T from entire premises; or actual or continual refusal to repair material damages that prevent habitability (terminates T’s obligation to pay rent)

PARTIAL EVICTION: 3rd party retakes and physically excludes T form portion of leased premises (rent proportionality reduced)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Constructive Eviction

A

SING
S I = Substantial Interference (chronic problem fundamentally imcompatible with quiet enjoyment);
N = Notice (T notifies L, who fails to respond);
G = Get out (T must vacate within reasonable time)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Actions of other tenants (landlord duties)

A

L not responsible for actions of other Ts, except cannot permit nuisances and must control/police common areas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Tort (landlord duties)

A

CLAPS:

C = Common Areas (must maintain)
L = latent defect (warn of those latent defects landlord should be aware of);
A = Assumption of Repairs (if you say you'll fix, fix with reasonable care);
P = Public use Rule (defects if leasing public space);
S = Short term lease of furnished apt (liable for any defects causing harm)
40
Q

Implied Warranty of Habitability (Residential Only, landlord duties)

A

REQ’T: fit for basic human habitation as determined by housing code or individual judicial conclusion.

Breach: M + 3 Rs

M = Move out (and terminate);
R= Repair and deduct
R = Reduce rent (or withhold until court determines fair market value -- but put $ in escrow);
R = remain and sue (pay rent and get damages)
41
Q

Tenant Power

A

T only has ability to assign or sublease the interest (time) he has

If extended, then sublease for that extra time would be invalid and the submitter/assignee could be ejected

42
Q

Assignments (landlord tenant)

A

Transfer in entirety. L and T2 are in privity of estate but not in privity of K.

L and T1 not in privity of estate but in privity of K.

T2 is primarily responsible and T1 is secondarily responsible

SUBLEASE: only portion of interest transferred. L and T2 are not in privity of estate or K. T1 and T2 are responsible to each other.

43
Q

Affirmative Easements

A

Right to do something on serviant land

44
Q

Negative easements

A

Requires holder to compel serviant owner to refrain.

Limited to LASSS: Light, Air, Support, Stream, Scenic View

45
Q

Easement Appurtenant

A

Physical use/enjoyment of property

Passes automatically with dominant tenement and with servient tenement unless BFP without notice

IN GROSS: only personal or commercial advantage.
Non-transferrable unless for commercial purpose

46
Q

Creation of an Easement

A

PING:

P = Prescription (continuous, open, adverse, hostile)
I = Implication (if division, implied from existing use if apparent and reasonably necessary to dominant land's use/enjoyment)
N = Necessity (if division creates land lock)
G = grant  (>1yr must be in writing)
47
Q

Termination of an Easement

A

END CRAMP:
E = estoppel (servient landowner materially changes position in reasonable reliance that easement won’t be enforced);
N = Necessity:
D = Destruction of servient land

C = Condemnation of servient land by imminent domain;
R =elease (in writing)
A = Abandonment (physical action by holder expressing intent never to use again);
M= Merger (if separated later, doesn’t auto revive)
P = Prescription (servient owner interferes)

48
Q

License

A

Privilege to enter land for specific purpose

Informal and freely and revocable, unless estoppel (licensee invested substantial money/labor in reasonable reliance on continuation)

49
Q

Profit

A

Permission to enter land to take soil. Same rules as easements.

50
Q

Covenant ($ damages)

A

Contractual promise to do or not to do something on the land

51
Q

Covenant ($ damages): Burden Runs

A

WITHVN:

W = writing (by original parties)
I = Intent (by original parties to run)
T = Touch/Concerns (provides some value to benefited party);
H + V = horitzontal and vertical privity (H: succession of estate between original parties, e.g., grantor/ee, L/T, debtor/creditor. V = non-hostile nexus)
N = Notice (AIR (actual, record, or inquiry)

52
Q

Covenant ($ damages): Benefit Runs

A

WITV

W = Writing 
I = Intent
T = Touch and Concern
V = Vertical Privity
53
Q

Equitable Servitude

A

Operates like covenant, but injunction required to enforce burden

54
Q

Creation of Equitable Servitude

A

WITNES:

W= Writing 
I= Intent
T=Touch and Concern 
N= Notice 
E= equitable 
S= servitude
55
Q

Implied Equitable Servitude

A

Majority Rule:

Req’s: (1) General scheme by subdivider began when sale began; and (2) Notice (AIR)

Defense: changed condition is SO pervasive it affects entire area

56
Q

Adverse Possession

A

Possession for statutory period of time can ripen into title if its COAH:

C: continuous
O: Open and Notorious
A: Actual
H: Hostile

Possessor’s state of mind is irrelevant. NO adverse possession if owner disable at inception.

Tacking OK IF privity between adverse possessors

57
Q

Requirements for a Land Contract (land conveyances)

A

SoF require writing unless (2 or 3):

1) Posession
2) Payment
3) Substantial Improvements

58
Q

Risk of Loss in Land Contract (Land Conveyances)

A

B owns land when K is signed so buyer bears risk

59
Q

Implied Promised in Land Contract

A

MARKETABLE TITLE at closing free from adverse possessions, encumbrances, zoning violations

NO FALSE STATEMENT OF MATERIAL FACT, including failure to disclose latent, material defects

NO IMPLIED PROMISE OF FITNESS OR HABITABILITY unless new home builder (promise of workmanlike construction)

60
Q

Effect of untimely performance

A

Time not of the essence UNLESS stated in K

Performance rendered within reasonable time after closing date is OK

61
Q

Deed requirements

A

Deed replaces K as controlling doc.

Req’s: LEAD – Lawfully Executed And Delivered

Lawful execution = writing, signed by grantor (“G”), comports with stat req’s (no consideration req’d and description only requires “good lead”)

Delivery: G must have present intent to be immediately bound. Recipient’s express rejection defeats delivery

62
Q

Quitclaim Deed

A

No covenants. Only gives what grantor has.

63
Q

General Warranty Deed

A

Sad Crying Elvis Wants Queen Anne

Seisin: G owns estate he's conveying
Rt. to Convey -- has power to convey w/o temp. restraints;
Against encumbrances (no servitudes or mortages0
Warranty (promise to defend against lawful claims by others)
Quiet enjoyment (no disturbance by 3rd party's lawful claim of title)
Further Assurances (do whatever necessary to perfect title)
64
Q

Statutory Special Warranty Deed

A

Promises G makes on behalf of himself that he won’t convey to anyone else and property is free from encumbrances made by G

65
Q

Why is protected?

A

BFP: purchaser for value and without notice of someone else buying first (actual, inquiry or record notice).

Doomed Donner: no protection for heir, devisee, or donee except shelter rule.

Estoppel: person conveying land w/o any interest in it is estopped from denying validity of conveyance if he late acquires.

66
Q

Shelter Rule (Recording System)

A

One who takes from BFP is protected just like BFP

67
Q

Wild Deed

A

Out of order deed doesn’t give record notice

68
Q

Notice Statute Jurisdiction

A

2nd buyer wins if neither BFP nor buyer A record

69
Q

Race Notice Jurisdiction

A

1st Buyer wins if records before 2nd buyer

70
Q

Legal Mortage

A

Encumbrance in writing

71
Q

Equitable Mortgage

A

Deed absolute on face given as collateral

72
Q

Transfer of a Mortage

A

1) Note must be negotiable and made payable to named mortgage
2) original note must be endorsed and signed by mortagee
3) original must be delivered
4) Transferee must take note in good faith without notice of illegality
5) Transferee must pay value for note.

Transferee is holder in due course. T takes free of personal defenses but subject to real defenses.

73
Q

Real Defenses - MAD FIFI 4

A

MAD FIFI 4

Material Alteration
Duress
Fraud in Factum
Incapacity
Illegality
Infancy
Insolvency
74
Q

Selling Property with a Mortage

A

Assumption of mortgage: Debtor and buyer are personally liable. Buyer is primarily and Devtor is secondarily liable

Subject to no mortgage: Buyer has no personal liability; only owner is personally liable, but home can still be foreclosed

75
Q

Joinder

A

All junior lien holders must be joined or mortgage will remain on land

D must be joined if seeking deficiency judgement

76
Q

Redemption

A

IN equity: up to date of sale, debtor may pay missed payments + interest + cost

Statutory redemption: 1/2 states allow redemption within fixed period (e.g. 6 months). Mortagor has right to possess during that time.

77
Q

Priority

A

First to record, first in right

BUT, purchase money mortgage has “super-priority”

78
Q

Senior Interest

A

If sale < debt, mortgage brings deficiency action

If sale > debt, junior liens paid in full by order of priority, surplus to debtor

79
Q

Amount

A

If sale > debt, mortgage (*****

80
Q

Groundwater

A

Surface owner has right to make reasonable use of water beneath surface, but can’t be wasteful

81
Q

Prior Appropriation Doctrine

A

Water initially belongs to the sate

Right to divert and make beneficent use can be acquired by indiviudal

Rights determined by priority of beneficial use (e.g., agriculture). First in time, first in right generally

82
Q

Riparian Doctrine

A

Water belongs to landowners (riparians) bordering water course

Liable only for unreasonable interference with other’s use

83
Q

Lateral Support

A

Strict liability if excavation causes adjacent land in natural state to cave or if land with building can show the land would have collapsed in natural state

84
Q

Surface Water

A

Common enemy rule: landowner can change drainage, but can’t unnecessarily harm land of another

85
Q

Variance (zoning)

A

Creates flexibility

Requirements: 1) undue hardship; 2) variance won’t decrease neighboring prop value

Determined by admin action before zoning board

86
Q

Non-conforming use

A

Once lawful but no longer because of new zoning ordinance

Can’t be eliminated all at once unless just compensation paid

87
Q

Unqualified Exception

A

Amenities government seeks in exchange for granting permission to build.

Inherently suspect – must be reasonably related in nature and scope to impact of proposed development

88
Q

Institutionalizeed Persons Act (RIULPA)

A

No zoning restrictions that impose substantial burden on religious exercises of a person/institution unless compelling government interest

89
Q

Cumulative zoning

A

Zones ranked in hierarchy. Residential zones = higher business zones = lower

Uses allowed in higher zones also allowed in all lower zones. But, no uses allowed in higher zone than the zone for which it was originally listed. (e.g., may build residential home in business district, but no businesses in residential district).

90
Q

Non-cumulative (exclusive) zoning

A

Allowed uses are exclusive to individual district (e.g., no residential building in business district)

91
Q

Grandfather clauses

A

Exempt businesses/ class of persons from new zoning rules/regulatinos

92
Q

Validity of grandfather clausesT

A

Typically valid IF lawful non-conforming uses

BUT there is expectation that non-conforming use will come to an end (e.g., factory in residential zone may be prohibited from upgrading facilities since owl indicate no intent to eventually conform)

93
Q

Re: Disposition of property

A

disposition (by decent, deed, or any other method) governed by laws of place where property located

BUT: if property only incidental to K and K is personal in nature, traditional conflicts of law rules for Ks apply

94
Q

Re: validity of land contract

A

If no choice of law by parties, validity of K determined by local law of state where property located. UNLESS another state has more significant relationship under choice of law principles to transaction or parties.

95
Q

Re; Executory K for sale of land

A

Typically governed by law of jurisdiction where property located. BUT in some jurisdictions, validity and effect of executory K for land sale governed by place where K is made and to be performed

Constitutional Law (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions