Real Property

Question 1

If a property is conveyed to two persons as “joint tenants,” do you assume the right of survivorship?

Answer 1

NO – the deed from the grantor must expressly state a right of survivorship.

Question 2

An indefeasibly vested remainder means that…

Answer 2

the future interest holder is certain to acquire the property and will be able to keep it forever.

Question 3

Can a holder of a indefeasibly vested remainder convey a present interest in a property?

Answer 3

No – to take free and clear title, the buyer must also obtain a conveyance of the present estate.

Question 4

“so long as…” is indicative that a conveyance is a…

Answer 4

fee simple determinable.

Question 5

When a fee simple determinable holder breaches the stated condition, title…

Answer 5

reverts back to the grantor in fee simple absolute.

Question 6

An adverse possession claim is barred if not brought within…

Answer 6

15 years.

Question 7

After defaulting on a security interest and before a property is sold at foreclosure, the defaulting-owner may…

Answer 7

“redeem” the property by satisfying the security interest prior to closing.

Question 8

To obtain title to real property by adverse possession in Virginia, the party seeking title that his possession was (1) actual and visable; (2) exclusive; (3) continuous; and (4) hostile to owners rights for a period of how many years?

Answer 8

15 years

Question 9

Where members of a condo association have misused common areas of the property, in violation of assocation rules and to the detriment of other members, who has standing to sue?

Answer 9

Only the unit owners’ association has standing to sue for claims or actions related to the common elements.

Question 10

Where all the requirements of adverse possession are met except that the possessor actually had the owner’s permission to possess & use the real property, the possessor is presumed to have….

Answer 10

A revocable license.

Question 11

A license can become irrevocable if one relies upon permission and incurs expenses to use the land due to such reliance. In such cases, the license holder should argue that they acquired an…

Answer 11

easement over that portion of the land.

Question 12

While a tenancy by the entirety is only available to spouses, if the instrument creating the estate demonstrates an intent to create a survivorship interest, then a purported tenancy by the entirety by unmarried partners will create a….

Answer 12

joint tenancy with the right of survivorship.

Question 13

On its face, Virginia’s recording statute reads as a notice statute. However, the Virginia Supreme Court has concluded that Virginia’s recording act makes it a….

Answer 13

race-notice jurisdiction.

Question 14

To be protected under a race-notice statute, the subsequent purchaser….

Answer 14

must take without notice of a prior grant and must record first.

Question 15

At closing, the deed conveys….

Answer 15

legal title to the buyer.

title passes

Question 16

Notice may be imputed to a buyer on the basis that….

Answer 16

a recording existed in public documents.

Question 17

Under the doctrine of merger, provisions in a contract for sale are….

Answer 17

extinguished and merged into the deed at closing.

Question 18

After closing, if a buyer has a claim against a seller, then the basis of the claim must be based on….

Answer 18

the covenants in the deed, if any, and not on the land sale contract.

Question 19

Provisions which are collateral to the passage of title and not covered by the deed may….

Answer 19

survive the deed’s exection.

Question 20

Agreements are considered collateral to the sale of property if they….

Answer 20

1. Are distinct agreements made in connection with the sale;
2. Do not affect title to the property;
3. Not addressed in the deed; and
4. Do not conflict with the deed.

These will survive the deed

Question 21

To establish fraud, one must prove…

Answer 21

(1) A false representation of material fact;
(2) Made knowingly;
(3) With the intent to mislead or conceal;
(4) Relied upon by the Plaintiff to their detriment.

Question 22

The reliance element of a fraud claim may not be justified when…

Answer 22

a potential buyer undertakes investigation regarding a matter at issue because the buyer will be charged with knowledge that was revealed or should have been revealed in diligent investigation.

Question 23

A deed may validly convey real property by inter vivos gift so long as there is…

Answer 23

(1) donative intent;
(2) delivery;
(3) acceptance.

Question 24

A deed must be:

Answer 24

(1) in writing;
(2) signed by the grantor;
(3) reasonably identifying the parties and the land.

Question 25

A grantee becomes bound by the terms of a deed by….

Answer 25

his acceptance of a deed delivered by the grantor.

Question 26

If conveyance of a property is presumed to be beneficial, acceptance of the grantee can be….

Answer 26

implied.

Question 27

(TRUE/FALSE): A mortgage assumption clause is not subject to the suretyship provision of the Statute of Frauds.

Answer 27

TRUE.

Question 28

A valid deed containing a mortgage assumption clause, when accepted by the grantee, is…

Answer 28

an enforceable agreement to assume mortgage debt.

Question 29

(TRUE/FALSE): A grantee who assumes an existing mortgage is not a surety.

Answer 29

TRUE.

Question 30

Parole evidence is inadmissible to vary or contradict an….

Answer 30

unambiguous written instrument, including a deed.

Question 31

Where the language of a deed is explicit, the intention is clear, and the result is not repugnant, the court should…

Answer 31

look no further than the four corners of the instrument.

Question 32

An argument that one can avoid indemnifying a grantee for a mortgage on the grounds of mistake of fact will fail if….

Answer 32

the contract clearly stated that the deed was subject to an assumption of the mortgage.

Question 33

Under the doctrine of mutual mistake, a court may give relief where there has been an innocent omission or insertion of a material stipulation if it….

Answer 33

is contrary to the intent of both parties.

Question 34

The doctrine of merger only applies to the subject matter…

Answer 34

specifically covered by the deed, it does not apply to collateral provisions.

Question 35

In order for a deed to be valid it must…

Answer 35

(1) meet certain formalities;
(2) be delivered to the grantor; and
(3) be accepted by the grantee.

Question 36

Once delivery of a deed occurs…

Answer 36

title passes to the grantee.

Question 37

The language “English covenants of title” simply mean that the deed…

Answer 37

is conveyed in fee simple, without any encumbrances of tenancies, or liens on the property.

Question 38

To have quiet possession free from encumbrances simply means that…

Answer 38

(1) a grantee will hold and enjoy the land free from any interruption, claim or demand by anybody, and

(2) that grantor would indemnify and save grantees harmless against any and every charge or encumbrance.

Question 39

An encumbrance includes…

Answer 39

the existence of phyiscal intrusions, encroachments, superior title, or interest in land held by another party.

Question 40

(TRUE/FALSE): Lawful zoning ordinances are not encumbrances.

Answer 40

TRUE

Question 41

With regard to judgment liens, it is generally recognized that so long as the judgment is unenforced…

Answer 41

no actual damages are incurred by the buyer unless he discharges the lien or suffers damages as a result of enforcement of the lien.

Question 42

If there is a judgment lien on the property prior to closing, the seller has breached…

Answer 42

the covenant that the lot was free from encumbrances.

Question 43

A private nuisance occurs when one…

Answer 43

takes an action which unreasonably interferes with the use and enjoyment of another person’s land in a way unique to that person rather than to the citizens at large.

Question 44

The remedy for a private nuisance is equitable in nature, it will be….

Answer 44

a permanent injunction.

Question 45

The English Covenants of Tile include:

Answer 45

1. Seisin;
2. Right to Convey;
3. Quiet Posession;
4. Further Assurances; and
5. No encumbrances.

Question 46

Seisin is a covenant that the grantor…

Answer 46

has the interest that he purported to convey.

Question 47

Right to convey assures that the grantor has…

Answer 47

the right, power, and authority to convey the property.

Question 48

Quiet possession covenants that the grantee can…

Answer 48

peaceably and quietly hold and possess the property without demand or claim to the property from a third party.

Question 49

Further assurances is a covenant to…

Answer 49

execute deeds or otherwise take action to perfect title if necessary.

Question 50

No encumbrances assures that there are…

Answer 50

no encumbrances against title or interest in the property.

Question 51

A general warranty deed and the English Covenants of Title gaurantee againsts defects in title, not….

Answer 51

defects in the condition of the property.

Question 52

HYPO: If a purchase and sale agreement warrants that a condition of the property will be in good working order at the time of closing, and the buyer does a walk-through on the date of closing, raising no issues, will he later have a viable claim against the seller for a breach of warranty if the condition later is found to not work?

Answer 52

No – the walk-through inspection at closing defeats the claim.

Question 53

The Supreme Court of Virginia has recognized that the owner of a tract of land can have a “negative easement” in a servient tract that allows the Plaintiff to….

Answer 53

demand the owner of the servient tract to refrain from specific uses of the land.

Question 54

Negative easements may arise from…

Answer 54

representations and inducments to a purchaser of property.

Question 55

The Supreme Court of Virginia has held that the doctrine of merger is inapplicable to contract provisions….

Answer 55

unrelated to title.

even where the parties have expressly agreed in the land sale contract that representations and warranties be merged into the deed.

Question 56

The express warranty of workmanship pertains to….

Answer 56

the physical condition of the property, and it is unrelated to title.

Question 57

An express agreement in a purchase contract stating that, “the foregoing warranty shall be deemed merged into the deed at closing, and shall not survive closing,” will not be effective as to…

Answer 57

warranties unrelated to title.

Question 58

The first question in any partition suit is whether the property can be divided…

Answer 58

in kind.

Question 59

If part of a property has a residence on it, and part does not, partition in kind would be….

Answer 59

impossible, because the the law will not contemplate dividing a home in half.

Question 60

In the event of partition, a tenant in common or joint tenant who places improvements upon common property at his own expense, is entitled to….

Answer 60

a compensatory credit for the expenses they paid.

Question 61

In order to grant specific performance of a contract to sell real estate, the court must conclude that….

Answer 61

1. The contract is valid and enforceable;
2. Both parties have obligations to perform under the contract; and
3. There is no adequate remedy at law.

Question 62

So long as a land sale contract is on record and not released, title will….

Answer 62

not be marketable until there is a judicial determination that the contract is no longer enforceable.

Question 63

Generally, any contract for the sale of real estate may NOT be…

Answer 63

oral.

Question 64

HYPO: If one agrees to sell property to buyer1, but then sells the property to buyer2 for a higher price, in a breach of contract claim against the seller by buyer1, what damages will be appropriate?

Answer 64

The difference between the purchase price to which she agreed and the market value of the property.

(buyer2 price - buyer1 price) = damages

Question 65

The Supreme Court of Virginia has held that where a grantor conveys land by deed, describing it as bounded by a road or street (which the grantor pays for), the grantor implies that such way exists and that…

Answer 65

the grantee acquires the benefit of it.

Question 66

There is a presumption that the removal of trees that are party of realty results in…

Answer 66

irreperable harm.