real property

Answer 1

Risk of loss remains on the buyer under a doctrine of equitable
conversion, even if the seller remains in possession and control of the land

Answer 2

the Contract of Sale must satisfy the IMPLIED warranty of marketable title (or otherwise exclude it)

Answer 3

If land is acquired under color of title, the adverse possessor will get the entire tract of land (rather than just the part he or she “actually” possesses) if two requirements are met:
i) it is a unitary tract (nothing divides it), and
ii) the adverse possessor possesses an amount that is reasonable in relation to the
whole

Answer 4

Dominant estate: transfers automatically. Note: the owner must make reasonable repairs to easement and may go on servient estate to do so.

Answer 5

There is a strong presumption that recording acts do not apply to implied easements. (Feb 2021)

Question 6

implied easement

Answer 6

There is a previous use, from a common owner who subdivides the land,
(i) The previous use by the common owner who subdivided the land must be to the benefit of the now dominant property. The period in time examined when referring to “previous use” is prior to the land being subdivided and conveyed.

Answer 7

The deed must state the name of the grantee or it is not effective

Answer 8

Describe the land
1. The description does not have to be detailed. It just has to be enough to identify the property.
2. Ex.: A grantor states, “I give you my house in Michigan.” This is a sufficient description so long as the grantor only owns one house in Michigan.

Answer 9

A deed does not need to be recorded to be valid. It does not need to be given in exchange for consideration. And, it does not need a “seal.”

Answer 10

There is no privity of estate with the assignor because he has no interest in the property anymore!

Answer 11

(The landlord and the assignee have an estate in common. This means either party can enforce beneficial lease covenants that run with the leasehold against the other.) T

Answer 12

In addition to the rent obligation, **other covenants will “run” to the assignee if they touch and concern the land **(that is, make the land more valuable).

Answer 13

If the tenant agrees to take care of the lawn, that will touch and concern the land because it makes it more valuable, so it binds a future assignee. If the tenant agrees to walk the landlord’s dog once a week, that does not touch and concern the land

Answer 14

Title acquired by adverse possession is not marketable (unless the adverse possessor gets a judicial decision that renders her the record owner).

Answer 15

Hostile (without permission!)
(1) The adverse possessor does not need to believe that he or she owns the land. The adverse possessor can know she is trespassing.
(2) The adverse possessor can also innocently believe she owns the land. As long as she does not have the true owner’s permission, this element is met.

Question 16

adverse possession

Answer 16

The trespasser will only acquire the rights that the owner has to the land.

Answer 17

Exclusive possession (without the true owner or the public)
(1) Ex.: If you lease property to someone, are you considered to be exclusively using the property?
yes

Answer 18

What if the adverse possessor fails to record their interest in the land and a bona fide purchaser buys the land and complies with the recording act? The adverse possessor will prevail over a subsequent bona fide purchaser who complies with the recording act because there is no document that the interest holder could record

Answer 19

When others or the general public have regularly used or occupied the land with the adverse claimant, the requirement of exclusive possession is not satisfied. Casual use of the property by others is not, however, inconsistent with exclusive possession. Generally, easements do not affect the exclusive possession by an adverse possesso

Answer 20

The six covenants are implied, so they are given with a general warranty deed, unless they are specifically excluded.

Question 21

present covenants of warranty deed

Answer 21

These covenants are given “presently” (at the time the deed is handed over) and, if not fulfilled, they are also breached at the time the deed is handed over. They do not run with the land and only the grantee that the grantor conveyed the property to can sue on these.

Answer 22

Note: there is a question as to whether a visible easement that is not
referred to in the deed breaches the covenant against encumbrances.
(Feb 2018, Feb 2010)

Answer 23

There is an implied warranty of fitness and habitability for new homes sold by a builderseller. A buyer may recover damages for losses resulting from defective construction or construction that was not done in a workmanlike manner. These defects must be discovered within a reasonable time and cannot be attributable to later changes in the structure or normal deterioration.

Answer 24

implied warranty of habitability applies to residential premises and not commercial

Answer 25

Tenants in common have only one unity—the right to possess the whole premises!

Answer 26

Tenants in common is the default tenancy. It is what is created if a joint tenancy is NOT created or when a joint tenancy is destroyed

Answer 27

There are only four ways to end a tenancy by the entirety:
(1) Death (survivor gets it)
(2) Divorce** (they will become tenants in common)**
(3) Mutual agreement
(4) Joint creditor of both spouses forecloses on its interest

Answer 28

a tenant by the entirety has no right to partition

Answer 29

The fact that the deed improperly characterizes the tenancy created by the conveyance** has no effect on the validity of a particular grantees interest**

Question 30

foreclosure

Answer 30

Junior interests are only wiped out if they are made parties to the sale and given notice. notice is not enough. MUST BE MADE PARTIES.

Answer 31

Acceleration clauses (clauses that state the entire balance is due if a payment is missed or if the mortgagee is otherwise feeling insecure) are enforceable. Thus, if the fact pattern tells you that there is an “acceleration clause,” then the buyer must pay the full amount of the balance.

Answer 32

A right of redemption cannot be waived in the mortgage or deed of trust at the time it is created. this is called clogging the right of redemption. It can, however, be waived later for
consideration

Question 33

after acquired title doctrine

Answer 33

this does not apply to quitclaim deeds
this does not apply to bona fide purchaser for value without notice

Answer 34

A mortgagor can transfer the title to the property. However, the mortgage will remain on the property and the mortgagor is still personally liable on the note

Answer 35

The mortgagee can transfer the note alone. However, the mortgage goes along with the note.
i) The note is transferred by endorsing it and delivering it.

Question 36

negative easements

Answer 36

**In most jurisdiction negative easements for light air and view have been repudiated absent an express grant between the parties.

Answer 37

even if you did not assume the mortgage, you are still at risk to lose the property through foreclosure

Answer 38

Absolute deeds as security: “equitable mortgage, you are not outrightly coveying the property. just using it for security

Answer 39

There are two kinds of absolute deeds as security:
(1) Sale or lease with the option to repurchase: This occurs when a landowner sells land to someone, then leases it back (for what one would expect mortgage payments to be) and retains an option to repurchase it (for a nominal price) at the end of the lease. This will be treated as a mortgage if the lessor decides to end the “lease.” (2) Absolute deed with a separate promise to re-convey: This occurs when a landowner owes someone money or needs money, so he borrows money from a person and gives her a deed for the land in exchange for her promise that she will re-convey the land to him if the debt is paid. Even if the word “mortgage” is never used, it will be treated as one.

Answer 40

Because the lender’s interest is a mortgage on the property rather than outright ownership of it, his only remedy following the owner’s default is
foreclosure of the property pursuant to the equitable mortgage

Answer 41

the agreement to reconvey is not a land sale contract and is therefore not subject to the Statute of Frauds

Answer 42

court must determine the rights of a mortgagor and mortgagee in
relation to a default on the mortgage, and the vehicle for that determination is a foreclosure proceeding, not an eviction proceeding

Answer 43

The mortgagee may take possession if the mortgagor consents or abandons the property.

Answer 44

. Whether the state is a title or
lien theory state will not affect the lender’s ability to step in to prevent waste or to enjoin the owner from
causing waste. The primary effect of the different theories is their effect on a joint tenancy. A unilateral
mortgage in a title theory state will sever a joint tenancy, while in a lien theory state the mortgage is not
considered an alienation of interest and will not sever the tenancy, resulting in a tenancy in common. Likewise,
the right to prevent waste is inferred from the mortgage and is not required to be an express term. It is implicit
in the existence of the lender’s interest in the property.

Answer 45

a mortgage also extends to a fixture

Answer 46

Who can enforce the servitude? Any neighbor in the subdivision if the scheme existed at the time he or she purchased his or her lot.