Real Property Flashcards
Where members of a condo association have misused common areas of the property, in violation of association rules and to the detriment of other members, who has standing to sue?
The association and only the association
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:
a revocable license
How can a license to use real property be granted? How revoked? relation to adverse possession?
A license to use real property may be granted orally, and is freely revocable. It will defeat a claim of title by adverse possession because the possession was not adverse or hostile to the rights of the owner.
When can a license become an easement?
it can become an easement if the licensee changes her position in detrimental reliance on the license. Irrevocable
What is the doctrine of mutual mistake?
Under the doctrine of mutual mistake, a court may give relief where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties.
so either adding or deleting a term
What is the merger doctrine with a deed and sale of land contract?
Under the merger doctrine, a previous contract is extinguished by an instrument of higher dignity – the deed. The doctrine of merger only applies to the subject matter specifically covered by the deed. It does not apply to provisions that are collateral to the passage of title. The merger doctrine is of narrow scope and disfavored.
Also, under the merger doctrine, a closing statement does not extinguish a purchase contract. (e.g., oral agreement and closing written statement that omits a portion of oral agreement [mutual mistake]).
Requirements for a deed to be valid?
it must: (1) meet certain formalities (identify parties; signed by grantor [SoF]; words of transfer [present intent]; description of property); (2) be delivered by the grantor; and (3) be accepted by the grantee. Delivery can occur by various methods, including manual delivery. Failure to record the deed, however, does not invalidate it. Once delivery occurs, title passes to the grantee.
If deed is not recorded, what required to prove someone has title?
sufficient corroborative evidence of the delivery of the unrecorded deed from grantor to grantee
what are the warranties in a general warranty deed (in VA)?
Present covenants (as executing)
1. Covenant of seisin: warrants that the deed describes the land in question (in other words that the grantor has the interest that he purports to convey);
2. Covenant of the right to convey: warrants that the grantor has the right to convey the property;
3. Covenant against encumbrances: warrants that there are no undisclosed encumbrances on the property that could limit its value.
Future covenants (after delivery):
1. Covenant of quiet enjoyment: Grantor promises that the grantee’s possession will not be disturbed by a third-party claim (grantor will indemnify and save grantees harmless against any and every charge or encumbrance);
4. Covenant of further assurances: Grantor promises to fix future title problems (perfect title)
In Virginia what does the language “with English covenant of title” or words of similar import in the granting part of any deed mean?
the language “English covenants of title” simply mean that the deed is conveyed in fee simple, without any encumbrances of tenancies, or liens on the property. The English covenants of title include the (1) covenant of seisin (2) covenant of right to convey; (3) covenant of quiet possession, (4) covenant of free from encumbrances, (5) and covenant of further assurances.
what is an encumbrance?
An encumbrance has been defined as including the existence of physical intrusions or encroachments or superior title or interest in the land held by another party.
Is a lawful zoning ordinance an encumbrance?
No, nor a tenancy or a lien. In other words the warranty of quiet enjoyment does not lead to the grantor indemnifying the grantee when a zoning ordinace reduces the value of the property.
If a deed grantor breaches the covenant enjoyment, when will they be liable for the encumbarance?
Only where the grantee satisfies the encumbrance (e.g., pays a lien) or suffers damages as a result of the enccumbrance.
If a judgment lien is unenforced, are there any damages?
it is generally recognized that so long as the judgment is unenforced, no actual damages are incurred by the buyer unless he discharges the lien or suffers damages as a result of the judgment creditor’s enforcement of the lien.
covenant of quiet enjoyment
What english covenants does a claim of partial interest in the house violate? explain
- Seisin: English covenants convey in fee simple free of liens and encumbrances of tenancies. A partial interest would violate Seisin because then the purported interest conveyed is false.
- Right to convey: no actual right to convey an undivided fee simple absolute interest.
- Covenant of quiet possession: because possession is not disrupted by claim of partial interest.
