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CA Bar Exam Essay Rules > Real Property > Flashcards

Real Property Flashcards

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1
Q

Averse Possession Requirements?

A
  1. Actual possession
  2. Open and notorious
  3. Hostile (no consent)
  4. Continuous
  5. Statutory period (20 years+)
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2
Q

Land Sale Contract - Writing Requirements?

A

Statute of Frauds
1. Writing
2. Partied identified
3. Signed by one to be bound
4. Describes land
5. States Consideration

PIP Exception for SOF: (1) possession by buyer; (2) substantial improvements; (3) payment

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3
Q

Land Sale Contract - Marketable Title

A

Implied promise in all land sales that title is free from reasonable doubt.

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4
Q

Land Sale Contract - Equitible Conversion

A

Once contract signed, buyer deemed owner of real property; risk of loss imposed on buyer

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5
Q

Land Sale Contract - Remedy for Breach?

A
  1. Damages;
  2. Specific Performance if:
    * Valid contract
    * Conditions met
    * Inadequate legal remedy
    * Mutuality of performance
    * Feasibility to enforce
    * No defenses
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6
Q

Mortgage Requirements?

A

Writing (SOF)
1. Writing
2. Partied identified
3. Signed by one to be bound
4. Describes land
5. States Consideration

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7
Q

Mortgage - Foreclosure

A
  • Must be judicial foreclosure
  • Priority of loans paid: purchase money mortgage, fees, senior, junior, unsecured
  • Deficiency
  • Redemption sometimes allowed after by states
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8
Q

Deed Requirements?

A
  1. Parties
  2. In writing and signed by grantor
  3. Describe land
  4. Word of intent
  5. No consideration required
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9
Q

Three Types of Deeds?

A
  1. Quitclaim - convey whatever interest and no warranties
  2. Warranty - against all defects and six covenent to title
  3. Statutory Special Warranty Deed - when grantor promises (some states)
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10
Q

General Warranty Deed Six Covenants?

A
  1. Seisin - grantor owns what he says he owns
  2. Right to convey
  3. Free of encumberances
  4. Defend against lawful claims of title
  5. Quiet enjoyment - not disturbed in possession by lawful claim in title
  6. Further assurances - will do whatever reasonably necessary in future to perfect title
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11
Q

Deed Delievered When:

A
  1. Intent to make present transfer
  2. Acceptance
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12
Q

Merger Doctrine?

A

Contract merges into deed and deed controls.

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13
Q

Damages for Warranty Deed Breach?

A
  1. Title Issues = purchase price or costs to perfect (lesser of)
  2. Encumberances = difference in value
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14
Q

Warranty Deed Breach Defenses?

A
  1. Laches
  2. Unclean hands
  3. Waiver
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15
Q

Three Types of Recording Acts?

A
  1. Pure Race - First to file
  2. Pure Notice - BFP over grantee that did not record
  3. Race-Notice: BFP who records first over grantee who did not record or record second
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16
Q

Bona Fide Purchaser?

A
  1. Takes land for value
  2. No notice of prior interest
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17
Q

Three Types of Notice for Real Property?

A
  1. Actual
  2. Inquiry - should know
  3. Record (constructive)
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18
Q

Estoppel By Deed?

A

One who conveys what he does not have but later does have cannot deny conveyance.

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19
Q

Shelter Doctrine?

A

One who takes from BFP stands in shoes of BFP.

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20
Q

Fee Simple Absolute?

A

Conveys absolute ownership.

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21
Q

Fee Tail?

A

Property must remain in family (modernly gone)

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22
Q

Fee Simple Divisible?

A

Property conveyed subject to limitation.

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23
Q

Fee Simple Determinable?

A
  • Automatically terminated upon occurrance (so long as, while, unless)
  • Reverts back to grantor (possibility of reverter)
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24
Q

Fee Simple Subject to Condition Subsquent?

A
  • Potential to terminate (not automatic) upon occurance (but if, provided that)
  • Creates right to re-entry; must be enforced
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25
Q

Fee Simple Subject to Executory Interest?

A
  • Automatically terminates upon occurrence (so long as, while, unless)
  • Passes to third person (executory interest; subject to Rule Against Perpetutites)
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26
Q

Life Estate?

A
  • last for lifetime of some person; not always the one in possession
  • Can transfer only life estate interest
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27
Q

Future Interest - Possibiity of Reverter?

A

Automatically reverts to grantor; follows fee simple determinable.

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28
Q

Future Interest - Right of renetry?

A

May revert back to grantor; requires enforcement; follows fee simple condition subsequent

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29
Q

Future Interest - Reversion?

A
  • When holder transfers something less than full estate
  • It is vested already - no rule against perpetuitites
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30
Q

Future Interest - Remainder?

A

Only becomes possessory upon expiration of prior possessory estate in same instrument. “If A for life, then B”

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31
Q

Future Interest - Vested Remainder?

A
  1. Ascertained person; and
  2. No condition precedent
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32
Q

Future Interest - Contingent Remainder

A
  1. Unascertained person (unborn); or
  2. Ascertainable but subject to condition precendent
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33
Q

Future Interest - Alternative Contigent Remainder?

A

Two parties have contingent remainder (condition precedent). “To A for life, then B if B marries C, otherwise to D.”

34
Q

Future Interest - Executory Interest?

A

When possessory estate automatically terminates and goes to third party (not grantor).

35
Q

Future Interest - Shifting Vs. Sprining Executory Interest?

A

Springing: Cuts short (“To A, but if X, then to B”)
Springing: Does not cut short (“To A for life, then to B for life, then to C)

36
Q

Rule Against Perpetuities?

A

Interest must vest no later than 21 years after life in being at creation of interest.
Applies to:
1. Contingent remainders
2. Executory interests
3. Options in gross
4. Class gifts
5. Powers of appointment

37
Q

Joint Tenancy?

A
  • Automatic right of survivorship
  • Equal right to occupy whole
  • Equal shares
38
Q

Joint Tenancy Creation - Four Unities + Language?

A
  1. Time
  2. Title
  3. Interest
  4. Possession
  5. States Right to Survivorship
39
Q

Severance of Joint Tenancy?

A

Conveyance
* Not by will - just void devise
* Mortgage in Lien Theory does not sever but mortgage in Title theory severs that joint tenant’s share
* Lease: jurisdictions split

40
Q

Tenancy in Common?

A
  • Equal right to occupy
  • Nonequal shares allowed
  • Can sell, will, or gift share
  • No right of survivorship
41
Q

Tenancy by Entirety?

A
  • Spouses Only
  • Cannot unilaterally convey share or encumber whole
  • Right to survivorship
  • Severed by death, divorce, or agreement
  • Not applicable in CP state
42
Q

Co-Tenancy Rules?

A
  1. Right to possession
  2. Accounting - Tax/Mortgage = proportionate and seek reimbursement
  3. Accounting - Improvements = no reimbursement
  4. Accounting - Necessary reparies = contribution
  5. Partition Action (voluntary or judicial) = property divided or sold and distributed
43
Q

Landlord-Tenant - Four Types of Tenancies?

A
  1. Term for years
  2. Periodic
  3. Tenancy at will
  4. Tenacy at sufferance
44
Q

Landlord-Tenant - Term for Years?

A

Lease for any fixed period of time; SOF required if more than one year.

45
Q

Landlord-Tenant - Period Tenancy?

A

Automatically continues from one period to another unless one party terminates with notice (month to month)

46
Q

Landlord-Tenant - Tenancy at Will?

A
  • No fixed period and terminated at any time.
  • Requires express agreement or implication
47
Q

Landlord-Tenant - Tenancy at Sufferance?

A

When tenant wrongfully holds over.

48
Q

Landlord-Tenant - Defenses to Duty to Pay Rent?

A
  • Failure to deliver possession
  • Breach of covenant of quiet enjoyment
  • Constructive eviction
  • Destruction of premises
  • Contract defenses (i.e., frustration of purposes)
  • Surrender and acceptance
  • Re-letting after abandonment
49
Q

Implied Covenant of Quiet Enjoyment?

A
  • Implied in all leases
  • LL, LL agents, or title holder will not interfere with quiet enjoyment
  • NOT strangers
50
Q

Constructive Eviction Occurs?

A
  1. Virtually uninhabitable
  2. Substantial interferense with use
  3. Notice
  4. LL does not respond
  5. T timely moves out
51
Q

Partial actual eviction?

A
  • LL makes it impossible to occupy part of premises
  • May withhold entire rent
52
Q

Breach of Warranty of Habitability Remedies?

A
  1. Terminate and move;
  2. Repair and deduct; OR
  3. Pay reduced rent and sue
53
Q

Retaliatory Eviction?

A

Not allowed if tenant complains of habilitability.

54
Q

Tort Landlord Liability - LL Must:

A
  1. Maintain common areas
  2. Fix latent defects
  3. Repare non-negligently
  4. Duty to inspect areas open to public
55
Q

Doctrine of Waste?

A

Tenant or Life Estate must prevent waste.

56
Q

Three Types of Waste?

A
  1. Voluntary - decrease value
  2. Permissive - neglect
  3. Ameliorative - alterations
57
Q

Factors to determine fixtures (MARIA)?

A
  • Method of attachemnt (permenant/temp)
  • Adapted to fit
  • Removal would destroy chattel/damage property
  • Intention of party who installed
  • Agreement
58
Q

Assignment vs. Sublease?

A

Assignment = entire interest
Sublease = less than entire interest (still on hook)

59
Q

Affirmative vs. Negative Easement?

A

Affirmative = entitled to do something on another’s land
Negative = prevent from doing something on own land

60
Q

Easement in Gross?

A

Easement to individual; “Al can fish in my pond.”

61
Q

Five Ways to Create Easement?

A
  1. Express
  2. Implication
  3. Necessity
  4. Prescription
  5. Estoppel
62
Q

Express Easement?

A
  • SOF applies.
63
Q

Easment by Implication?

A
  1. Originally one parcel
  2. Use existed prior to severance
  3. Reasonably necessary
64
Q

Easement by Necessity?

A
  1. Common ownership at some point
  2. Strictly necessary (e.g. landlocked)
  3. No prior use needed
65
Q

Easement by Prescription?

A
  1. Actual use
  2. Open and Notorious
  3. Hostile (no consent)
  4. Continuous
  5. Statutory Period (20+ years)
66
Q

Easement by Estoppel?

A

Reliance

67
Q

Scope of Easement?

A
  • Present and future use
  • Normal, foreseeable development
  • Excessive Use Remedy = injunction or damages (not terminated)
68
Q

Easement maintenance and repairs?

A

Dominant owner has implied right to repair.

69
Q

Transfer of Easement?

A
  • Servient estate transfer = passes with land to new owner except BFP
  • Dominant estate transfer = passes if not in gross
70
Q

Termination of Easement (END CRAMP)?

A
  • Estoppel (reliance)
  • Necessity ends
  • Destruction
  • Condemnation
  • Release
  • Abandonment with action
  • Merger of parcels
  • Prescription (in reverse)
71
Q

Real Covenant - Burden Runs With Land (WITCH VaN)?

A
  • Writing b/w original owners
  • Intent
  • Touch and concern land
  • Horizontal Privity (original had shared interest)
  • Vertical privity (sucessor holds entire interest)
  • Notice
72
Q

Real Covenant - Benefit Runs with Land?

A
  • Writing b/w original owners
  • Intent
  • Touch and Concern Land
  • Vertical privity (successor hold entire interest)

No notice or horizontal privity required

73
Q

Real Covenant vs. Equitable Servitude?

A

Real Convenant Breach = Money
Equitable Servitude Breach = Injuction
Equitible Servitude = No privity

74
Q

Equitable Servitudes - Run With Land If (When Injunction is The Certain Need)?

A
  • Writing
  • Intent
  • Touch and Concern
  • Notice
75
Q

Equitable Servitude - Implied Reciprocal Servitude?

A
  1. Common plan or scheme for land;
  2. Notice

Writing not requried.

76
Q

Termination of Real Covenants and Equitible Servitudes?

A

Same as Easements:
* Destruction
* Release
* Estoppel
* Abandonment
* Merger
* Condemnation

PLUS Changed Conditions

77
Q

License?

A
  • Right to use licensor’s land for specific purpose
  • Revocable at will
  • Oral agreements allowed (but could create easement by estoppel if detrimental reliance)
78
Q

Three Water Rights?

A
  1. Drain surface water
  2. Riparian rights
  3. Ground Water
79
Q

Lateral and Subjacent Support?

A

Right to receive necessary physical support of adjecent (lateral) and underlying (subjacent) soil.
* If land in natural state, strict liability if excavation damages
* If land is improved upon, strict liability if excavation would have damages natural state; otherwise negligence theory.

80
Q

Zoning?

A
  • For public health and safety
  • Must be reasonable
  • Variance for unnecessary hardship
  • Nonconforming prior use usually allowed; improvment or rebuilding may lose this.

CA Bar Exam Essay Rules (16 decks)

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