Real Property Flashcards
Who has standing to sue in a condominium setting for claims related to common areas and limited common areas?
Only the condominium unit owners’ association
July 2015, Lexbar
What are the elements of adverse possession in Virginia?
(1) Actual and visible
(2) Exclusive
(3) Continuous
(4) Hostile to the ownership rights of the owner
(5) Open and notorious
Statutory period is 15 years
July 2015, Lexbar
When a would-be adverse possessor takes possession of land with permission of the owner, what happens?
A freely revocable license may be granted (could be done orally)
What are the English covenants of title?
(1) Seisin
(2) Right to convey
(3) Free from encombrances
(4) Quiet Possession
(5) Further assurances
General warranty is that grantor will forever warrant and defend such property against the claims and demands of all persons
July 2014, Feb 2020
What is not needed under VA law to take an oral agreement that has later been commemorated in writing out of the SOF
PRICE TERM–can have oral agreement, and a few days later, send an email evincing that there was an agreement, and that will satisfy SOF even without a price term
July 2017
When a grantor conveys land by deed describing it as bounded by a road or street, does it imply an easement?
YES but does not give right to exceed the easement (i.e., invite others to use it)
Feb 2017
What is the doctrine of merger and what warranties are included in it?
Land sale K merges with deed at closing and seller is no longer liable for breach of K provisions pertaining to title
* Remain liable for express warranties of good workmanship and other warranties not made for title
* Does not apply to provisions collateral to title
July 2018, Sept 2020
When is a tenant in common or joint tenant entitled to compensation for improvements?
When made at their own expense, entitled to compensation for improvements at the time of partition
Feb 2018
If a “tenancy by the entirety with right of survivorship” is created between unmarried spouses, what is the result?
It is a legal impossibility, but the “right of survivorship” language will create a joint tenancy with the right of survivorship
* Right of survivorship must be expressly specified in Virginia
July 2019
What is needed for a valid deed?
Lawfully executed, delivered, and accepted
* Once delivery occurs, title passes to the grantee
Sept 2020
What is required for a party to be liable for breach of covenant of free from encumbrances where a judgment creditor is involved?
Must suffer actual damages–must make demand of payment or threat of foreclosure
When will a negative easement exist by estoppel?
Where a seller of land actually or constructively makes representations as to the existence of a condition that will remain (e.g., not building on another lot)
Feb 2020
When is an agreement a suretyship such that it is subject to the statute of frauds?
When the promisor is merely a surety/guarantor, receives no direct benefit, and is liable only if the debtor defaults
July 2021
Is an assumption of an existing mortgage a surety?
NO–not a promise to the mortgagee, but instad a promise to the grantor to pay the mortgagee the debt that the grantee owes to the grantor
* The party is receiving a direct benefit and not merely acting as a surety
What is an action for declaratory judgment?
An action designed to permit one to have a judicial determination of his rights and/or responsibilities before he has suffered injury or done a wrong to another
* Dispute must be at the brink of the creation of a cause of action
* Should not be used when other remedies are available
