Real Property

Question 1

TIC - consent

Answer 1

Sell, lease, or devise share
Possess whole
NO BINDING OTHER Ts
Wills prevails

Question 2

Adverse possession

Answer 2

Exclusive, Continuous, Hostile, Open
➡️ TIC & AP can convey rights/heirs
Through tenants

Question 3

Recording Act (NOTICE)

Answer 3

Race - “FIRST recorded”
Race-notice - “w/o notice first recorded” - FIRST BPF
Notice - “subsequent purchaser FOR VALUE w/o notice who recorded”
SUBSEQUENT BPF

NO GIFTS, CREDITORS
Free of trusts if BPF

Question 4

Distribution of Foreclosure

Answer 4

PMM ➡️ Junior liens ➡️ debtor
Foreclose on WHOLE

Question 5

RAP

Answer 5

Contingent remainder
Class
3rd party
Right of first refusal
Option
NOT FSD/FSCS

Question 6

Merger

Answer 6

Merge into deed (I.e., marketable title)

Question 7

Lien Priority

Answer 7

PMM 💰
FIRST RECORDED 🖊️
ALL OTHER RECORDED
UNRECORDED

Question 8

Sublease v Assignment
Subject v Assume

Answer 8

Sublease/Subject (no liability)
Assignment/assumed (tenant/assignee liable unless novation)
Law of suretyship = allows reimbursement

Question 9

Tenants by the entirety

Answer 9

Married JT, cannot sever w/o consent

Question 10

Easements

Answer 10

Prescription (CHO), express (writing), implication (prior use), necessity (need)
EX: agreement, time, merger (no future interests & can be un-merged), abandoned (no intent to return)

Question 11

Shelter Rule

Answer 11

Protected by previous (BP)/BPF’s interest superior
“Cuts off rights”

Question 12

Equitable Servitude (witch pan)

Answer 12

Writing, intent, run w/land, touch/concerns, privity (h/v) (person Can enforce), NOTICE 👀 (in deed)
Implied by common scheme (restrictions against EVERYONE + notice)
Change (Total change)
License (revocable 🎟️)
Profit (dig/take off)

Terminate: same as easements + total change

Question 13

Vested v Contingent

Answer 13

Vested = auto (b/c no condition & identifiable person) *to Bongo
Contingent = subject to condition or unknown person *to Bongo, but only or to my heirs

Question 14

REC

Answer 14

Essential Terms
Parties, price, property description, signed (SoF)
No writing = PIP

Question 15

Marketable Title

Answer 15

No easements/covenants
No mortgages/liens
No zoning violations
No FSD/FSCS
= risk of litigation
Only buyer can assert
IMPLIED BUYER CAN REMEDY

Question 16

Defeasible - FSD & FSCS

Answer 16

FSD = durational (“so long as” “during” “until”) + possible of reverter (auto)
FSCS = conditional (“but if” “unless” “provided that”) + right of revert (claim)

Question 17

Fee simple

Answer 17

“Bongo & my heirs” = Bongo forever
(Heirs mean nothing)
(For purpose = nothing)
(💀 death of grantor does not affect)

Question 18

Trade Fixtures

Answer 18

Remove but pay/restore
Intent/Benefit

Question 19

Doctrine of Equitable Conversion

Answer 19

OWNERSHIP & RISK OF LOSS
Buyer gets equitable interest not legal title
Risk of loss shifts to buyer
Seller has Legal title

Question 20

Life estate

Answer 20

FOR THEIR LIFE
(Doesn’t matter if grantor 💀)

Question 21

Title insurance policy

Answer 21

Owner - protects NAMED & HEIRS during & after
Lender - ends once paid in full

Question 22

Deliver deed

Answer 22

Present intent

Question 23

Foreclosure - transfer

Answer 23

Recipient can loose right if BPF has no notice/record

Question 24

JT

Answer 24

Right of survivorship prevails over will

Question 25

Ademption

Answer 25

If testator does not OWN or SPECIFICALLY devise ➡️ devise FAILS ❌

Question 26

Duty to disclose

Answer 26

Must disclose known defects
Ex: “as is”

Question 27

Restraint on alienation

Answer 27

Void & removed from devise

Question 28

Surcharge Easement

Answer 28

Beyond scope + unreasonable

Question 29

Variance

Answer 29

Suffer Hardship from Zoning
Ex: non-confirming use/prior use