Real Property

Question 1

To Be Valid a Deed Must:

Answer 1

• Be in writing;
• Sufficiently describe the land;
• Identify the grantor and grantee;
• Evidence and intention to convey the land; and
• Be signed by the grantor

Question 2

Adverse Possession

Answer 2

• Actual and exclusive
• Open and notorious
• Adverse (hostile/under claim of right)
• Continuous through the statutory period

Question 3

Fee Simple Subject to a Condition Subsequent

Answer 3

• Grantor retains a right of entry (does not automatically revert)
• Words: “upon condition that,” “provided that,” “but if,” and “if it happens that”
• Presumption in favor of this kind because courts want to avoid forfeiture of estate

Question 4

Fee Simple Determinable

Answer 4

• Automatically terminates upon happening of certain event and reverts back to grantor
• Words: “for so long as,” “while,” “during,” “until”)
• Helpful to have express power of termination

Question 5

Shelter Rule

Answer 5

• One who takes from a BFP
• Will prevail against any interest that the BFP would have prevailed against
  
  • Even if they had actual notice

Question 6

Easement Implied by Existing Use

Answer 6

• Before tract is divided
• Apparent and continuous use on servient part is
• Reasonably necessary for enjoyment of dominant part and
• Parties intended use to continue after division

Question 7

Priority of Future Advances in Foreclosure Sale

Answer 7

• Mandatory Advance: Same priority as original mortgage
• Optional Advance: w/notice of junior lien loses priority

Question 8

Constructive Eviction

Answer 8

• Covenant of quiet enjoyment (landlord won’t interfere w/tenant’s use and enjoyment)
• Landlord breaches when
  
  • Legal duty to provide tenant services (at common law, not duty to repair/maintain)
    
    • Duty can come from lease, statute, implied warranty of habitability for residential lease
  • Breach deprives tenant of use/enjoyment
  • Tenant gives notice/reasonable time to repair
  • Tenant vacates within a reasonable time

Question 9

Acceptance of Surrender

Answer 9

• Tenant abandons without justification:
  
  • Landlord may do nothing or repossess
• If landlord repossess
  
  • Tenant is liable unless landlord accepts surrender
  • If remaining term is more than 1 year, must be written

Question 10

Builder of New House (What Implied Warranty Follows)

Answer 10

• Implied warranty of fitness/quality (habitability)
  
  • Designed/constructed in reasonably workmanlike manner and suitable for human habitation
• Some court extend the implied warranty to remote grantees (rationale: no opportunity to inspect the premises)