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VA Bar > Real Property > Flashcards

Real Property Flashcards

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1
Q

Fee Simple Absolute

A

FSA holder has all possible rights
may last forever- alienable, devisable, and descendible
terminate- owner dies without a will or heirs, and property escheats to state

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2
Q

Devisees take by ____
Heirs take by ____
Grantees take be _____

A

Devisees take by will
Heirs take by the laws of intestacy
Grantees take by inter vivos transfer

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3
Q

Fee simple absolute creation

A

“to A and his heirs”
VA “and his heirs” unnecessary

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4
Q

Defeasible estate

A

an estate that may terminate upon some happening or event before its maximum duration (forever in fee) has run

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5
Q

Fee simple determinable

A

created by durational language (for so long as, during, until, or while)
terminates automatically on happening of a named future event. the estate returns to the grantor

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6
Q

Fee simple subject to a condition subsequent

A

created by conditional language to occurrence of a condition that will terminate estate (provided however, however if, but if, on condition that, or in the event that)
POWER of termination MUST be EXPRESSLY reserved to the GRANTOR

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7
Q

Fee simple subject to executory interest

A

created by either durational or conditional language
termination occurs on the happening of an event that terminates the estate; property the passes to someone other than grantor

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8
Q

Fee tail

A

CL: an estate that descended to grantee’s children only
ML: fee tails are disfavored and are treated as fee simple absolutes
VA- abolished

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9
Q

Life Estate

A

life estates last for the duration of the grantee’s life

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10
Q

Life estate pur autre vie

A

the duration of the estate is measured by the life of someone other than the grantee
can be made defeasible

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11
Q

Non-freehold estates

A

term estate: estate that is limited in duration (basically landlord-tenant relationship)

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12
Q

Possibility of reverter

A

a future interest in the grantor that follows a determinable estate
creation: a fee simple automatically creates a possibility of reverter (no special language needed)
Upon the happening of the event, the land automatically reverts back to grantor
transferability: ML the power of termination is freely transferable, devisable, and descendible
NOT subject to RAP

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13
Q

Power of termination (Right of reentry)

A

a future interest in the grantor when the grantor attempts to create a FSSCS or a defeasible life estate
Creation: not automatic, must be spelled out in the conveyance or it does not exist
does not automatically revert, grantor must exercise right of reentry and take affirmative steps to retake the property
transferability: ML power of termination is descendible and devisable, not transferable inter vivos
NOT subject to RAP

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14
Q

Reversionary interest

A

a future interest retained by the grantor when the grantor transfers less than a fee interest to a third person
transferability: ML power of termination is descendible and devisable
NOT subject to RAP

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15
Q

Remainder

A

A future interest created in a third person that is intended to take effect after the natural termination of the preceding estate

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16
Q

Contingent remainder

A

any remainder that is not vested

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17
Q

Vested remainder

A

vested at the point it is created in an ascertainable person and is not subject to any condition precedent, other than termiantion of the preceding estate

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18
Q

Vested remainder subject to total divestment

A

a remainder that is presently vested but may be terminated on the happening of a future event

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19
Q

Vested remainder subject to open

A

a remainder that has been made to a class and has at least one member who is ascertainable who has satisfied any conditions precedent to vesting, but may have other members join the class later

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20
Q

Is the remainder vested?

A

ascertainable person
not subject to any condition precedent
“A to B for life, then to C”

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21
Q

Class openings

A

inter vivos conveyance: class opens at the time of the conveyance
testamentary conveyance: class opens at the death of testator

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22
Q

Class closing**

A

RAP can void a future interest (generally not applicable to vested interest except vested remainders subject to open); if any member of a class potentially claim in a way that violates the RAP, the entire class gift fails

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23
Q

Rule of convenience

A

Class closes as soon as one member of the class becomes entitled to immediate possession of the property

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24
Q

Executory interest

A

a future interest in a third person that cuts short the previous estate before it would have naturally terminated (because a fee estate has the potential to last forever, any interest created in a third party that follows the granting of a fee will always be an executory interest)

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25
Q

Shifting executory interest

A

the interest passes from one grantee to another (i.e. a grantee to a grantee (most common))
RAP applies

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26
Q

Springing executory interest

A

the interest transfers from a grantor to grantee
RAP applies

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27
Q

Waste

A

determines what someone who owns land can or cannot do with it
owner of a fee estate can do whatever she wants with the property but an owner of less cannot commit waste

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28
Q

Voluntary waste

A

a life tenant cannot intentionally or negligently damage property
if they do, they are liable for the damage

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29
Q

Permissive waste

A

a life tenant must take reasonable steps to avoid danger. failure to do so constitutes permissive waste and the life tenant will be liable

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30
Q

Ameliorative waste

A

a life tenant makes improvements to the land
CL- a life tenant not allowed to make substantial alterations unless authorized to do so and could be held liable for costs of restoring the land to its previous condition
ML- a life tenant is now allowed to commit ameliorative waste if:
1 market value of the remainderman’s interest is not impaired and
2 it is permitted by the remainderman OR a substantial and permanent change in the neighborhood justifies the improvement

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31
Q

Remainderman has standing to sue for past/future waste

A

vested remainderman: can sue for damages or an injunction to stop the waste from occurring
contingent remainderman: cannot sue for damages and can only sue for an injunction to stop the waste from occurring

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32
Q

Vested remainderman sue for waste?

A

damages or an injunction to stop the waste from occurring

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33
Q

Contingent remainderman sue for waste?

A

Cannot sue for damages and can only sue for an injunction to stop the waste from occurring

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34
Q

ML ameliorative waste

A

life tenant allowed if
1. market value of remainderman’s interest is not impaired
2 . it is permitted by the remainderman OR a substantial and permanent change in the neighborhood justifies the improvement

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35
Q

Doctrine of waste

A

Applies to mortgagor/mortgagee relationship
Applies to landlord/tenant relationship

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36
Q

Rule against Perpetuities (RAP)

A

CL: “no interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest”

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37
Q

Rule against perpetuities common parlance

A

Rules deals solely with possibilities.
If you can look at a future interest in a conveyance and can come up with an interpretation where someone could be claiming more than 21 years after everyone currently alive connected to the grant is dead, it violates the rule.

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38
Q

RAP application

A

does not apply to present possessory estates,
only applies to three future interests (executory interest, contingent remainder, and vested remainder subject to open), applies to purchase option and right of first refusal.
all other future interests are exempt from the RAP

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39
Q

Restraint on total alienation

A

“A to B, but if B ever tries to sell the property, the property will revert to A”
On a fee: generally not valid
On less than a fee: this will be upheld, if reasonable

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40
Q

Partial restraint on alienation

A

both are valid if reasonable
factors: scope, time, purpose, legitimate interests of the party, supported by consideration
Purchase option: A reserves right to buy back property at any time during A’s life
Right of First Refusal: if B attempts to sell during A’s life, B must first offer A buyback at the same price

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41
Q

Tenancy in common

A

each co-tenant owns an undivided possessory interest in the whole of the property

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42
Q

Joint tenancy

A

each co-tenant owns an undivided possessory interest in the whole of the property AND has a right of survivorship

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43
Q

Right of survivorship

A

jointly owned property passes to surviving co-tenant automatically
ML a conveyance to two or more people to jointly own property is presumed to create a tenancy in common, unless specifically stated otherwise
MUST use language to demonstrate the right attached to the grant

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44
Q

Creation of a joint tenancy

A

(TTIP)
Time
Title
Interest
Possession

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45
Q

Differences between joint tenancy and tenancy in common

A

right of survivorship
four unities (time, title, interest, and possession)

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46
Q

Tenancy by the entirety

A

reserved for married couples
Each spouse has an undivided interest in the whole of the property and a right of survivorship, unless expressly stated otherwise
Only created by deed or will not descent

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47
Q

Severance: tenancy by the entirety

A

only when the spouses jointly convey to a third party, one spouse conveys to the other spouse, or the couple divorces

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48
Q

Severance: Joint tenancy

A

Creates a tenancy in common
done by an inter vivos act of the parties
can seek a partition action
joint tenant sells his interest
joint tenant mortgages

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49
Q

Lien theory jurisdiction
(majority)

A

mortgage is viewed as a lien on the property, will not sever interest
mortgage encumbers only the portion belonging to the mortgagor
if mortgagor dies, the living joint tenant inherits the whole free of the mortgage. if there is a foreclosure before mortgagor dies, foreclosure severs the joint tenancy.

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50
Q

Title theory jurisdiction (minority)

A

mortgage is viewed as a title to the property, will sever
mortgage encumbers only the portion belonging to the mortgagor
VIRGINIA

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51
Q

Partition

A

each co-tenant has the right to seek partition of the property

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52
Q

Voluntary partition

A

done by exchange of deeds or selling the property and dividing the proceeds

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53
Q

Involuntary partition

A

is the result of a partition action filed by one or more co-tenants in court

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54
Q

Co-tenant possession

A

each co-tenant entitled to possess the whole property

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55
Q

Co-tenant profits

A

profit produced by one of the co-tenant’s efforts, then the other co-tenants have no right to share in those profits
profit generated by a third party, then all co-tenants are entitled to a proportionate share

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56
Q

Co-tenant expenses

A

taxes/mortgage payments- each co-tenant must pay a proportionate share

repairs- no direct duty of repair imposed, however a co-tenant who makes repairs to the property may be compensated for the amount of the repair

improvements- no duty imposed. if one co-tenant chooses to improve the property, they cannot get contribution from the other co-tenants. exception: if the property is sold, any amount attributable to the improvement goes to the tenant who made the improvement

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57
Q

Landlord-tenant question

A
  1. what type of tenancy?
  2. what is the dispute?
    (rent, premises condition, possession, improvements)
  3. Has the LL/T transferred their interest in the property?
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58
Q

Lease creation

A

oral or in writing (required for a term longer than a year)
implied lease- through conduct of the parties

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59
Q

Term of Years tenancy

A

creation: express agreement between LL and T for a term specified in the lease
termination: automatically at the end of the period, no notice required

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60
Q

Periodic tenancy

A

Creation: expressly or by implication with a holdover tenant
termination: LL or T must give appropriate notice of intent to terminate (in writing if specified in the lease or state statute, otherwise orally) equal to the rental period, up to a maximum of six months
(ex. 1 month tenancy= 1 month, 3 month tenancy = 3 months, 1 year tenancy = 6 months)
Timing of notice: notice is good whenever given but does not take effect until the start of the next rental period

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61
Q

Tenancy at-will

A

creation: generally by express agreement of the parties
Termination: as soon as either party decides, if either LL or T dies, or if either party attempts to transfer their interest

62
Q

Tenancy at sufferance

A

creation: holdover situation, a holdover tenant will become either a periodic tenant or a tenant at sufferance
termination: depends on whether T becomes a periodic tenant or a tenant at sufferance
Crucial factor: acceptance of rent from the tenant

63
Q

Rent- can the landlord sue?

A

tenancy for years: tenant is liable for all unpaid rent in the lease (LL must reasonable cover)
periodic tenancy: tenant is liable for the rental obligation up until proper notice is given to terminate the lease
tenancy at-will: the tenant is liable for the amount of rent stated in the agreement that is already owed (stay as long as T gardens the property)
tenancy at sufferance- tenant is liable for the reasonable rental value of the property

64
Q

Failure to deliver possession (LL/T)

A

Majority: LL has an obligation to deliver possession of the premises
minority: LL has no obligation to deliver, tenant must take it

65
Q

Actual eviction

A

the tenant is physically removed from all or part of the property
EXCUSE for not paying rent

66
Q

Constructive eviction

A

LL has allowed the condition of the premises to deteriorate to the point that T is essentially being forced out. use and enjoyment substantially interfered with
T must move out in a reasonable time
includes acts by third parties if LL knew or had reason to know
total- defense to paying rent
partial- reduction in rent only

67
Q

Destruction (LL/T)

A

CL: did not excuse paying rent (still in possession)
ML: defense to paying rent, exception if T intentionally or negligently caused the destruction

68
Q

Warranty of Habitability

A

implied warranty that the premises are fit for habitation
residential leases only
T must:
1. provide LL notice
2. allow the LL reasonable time to repair the problem

69
Q

LL obligation to maintain premises

A

CL: absent express promise, no obligation to maintain or repair leased premises
ML: an implied warranty of habitability and other statutory obligations
LL duty for common passageways and other areas under LL’s control

70
Q

Tenant’s obligations

A

CL: no obligation to repair leased premises
Duty to avoid waste
Liability in tort: possessor owes duty (invitees, licensees, trespassers)

71
Q

Fight over possession (LL/T)

A

LL can retake property if T committed a material breach of the lease
CL: LL entitled to use reasonable force to retake possession
ML: majority, no longer allow the use of any force and LL must use legal process
VA- unlawful detainer SoL 3 years

72
Q

LL transfer of interest

A

LL of record on the date the rent is due is entitled to that rent

73
Q

Assignment (LL/T)

A

tenant transfers all of the remainder of the interest (rental obligation) to a new party

74
Q

Sublease (LL/T)

A

tenant transfers less than the entire interest in the contract

75
Q

Assignment privity

A

assignee comes into privity of estate with the LL while the tenant remains in privity of contract with the LL

76
Q

Assignment Rent

A

Assignee is liable to LL for rent, unless he reassigns to a new assignee who takes over privity of estate
Tenant is liable for rent, even after assignment, unless there is a contract novation

77
Q

Sublease rent

A

sublessee comes into privity of estate and privity of contract with the tenant, owing the tenant rent. T still owes LL rent

78
Q

Covenant to pay rent

A

enforced by the LL against the original tenant because of the contractual nature of the relationship
if LL is not receiving rent, material breach of the lease and the LL can have assignee or sublessee evicted
Only the original tenant and the current tenant are liable to LL for rent

79
Q

Transfer of interest leases

A

generally fully transferable
to prohibit assignment or sublease, the lease must specifically state that both are prohibited

80
Q

Dumper’s case rule

A

if there is an express prohibition against an assignment in a lease, and the LL either expressly or impliedly waives that restriction, once waived it is deemed waived for the remainder of the lease except if specifically stated otherwise

80
Q

Silent consent clause

A

a consent clause in the lease that does not state a standard or condition for giving or withholding consent
Majority: a silent consent clause gives the LL the right to withhold consent for any reason, or for no reason at all, even if arbitrary and unreasonable (subject to housing discrimination laws)

81
Q

Covenant vs. equitable servitudes

A

covenants when breached lead to award of damages
equitable servitude lead to the granting of an equitable remedy (like an injunction)

82
Q

Creation of covenants

A

Covenant to run with the land PINT
privity
intent
notice
touch
concern

83
Q

Privity (PINT)

A

horizontal- relationship between original covenantor and covenantee, requires privity of contract in connection with the land (LL/T, grantor/grantee, mortgagor/mortagee)

vertical privity- relationship between an original party to a running covenant and the successor in interest to the original party, privity of estate will only exist when holder of the servient estate transfers all his interest in the servient estate to the new owner

84
Q

Intent (PINT)

A

the writing (real property SoF) must include language that shows the parties’ intent for the covenant to run with the land and bind successors in interest

85
Q

Notice (PINT)

A

the current owner of the servient estate must take with notice of the restriction
requirement on servient side only
recordation will provide notice (3 types)
VA doesn’t recognize inquiry notice

86
Q

Actual notice

A

what you know

87
Q

Constructive notice

A

recorded

88
Q

Inquiry notice

A

you learned enough information that would lead a reasonable person to inquire further, but failed to do so
VA does not recognize

89
Q

Touch and concern the land (PINT)

A

servient estate- restriction must reduce the use and enjoyment of the servient estate
dominant estate- the restriction must increase the use and enjoyment of the dominant estate

90
Q

Creation of Equitable servitudes

A

TIN
Touch and concern the land (burden/benefit must run with the land)
intent (writings show parties’ intent to run with the land)
notice (current owner of servient estate took with notice)

enforced in equity by injunction; damages not available

91
Q

Implied reciprocal servitude

A

filed declaration containing the restrictions (called CC&Rs- covenants, conditions, and restrictions)
SoF does not apply, can be implied
Negative restrictions only
Common scheme or plan

92
Q

Impose a reciprocal servitude

A

Show a common scheme or plan
restriction must be part of a common scheme or plan for development of the area and the current owner takes with notice of the restriction
an implied reciprocal servitude is imposed on any lot that does not contain the restriction if a common scheme was evident at the time of the conveyance of those lots

93
Q

Factors to show “common scheme”

A

a large percentage of lots expressly burdened,
oral representations to buyers,
statements in advertisements to buyers,
or recorded plat maps or other declarations

94
Q

Enforcement of a reciprocal servitude

A

enforced by:
original grantor,
any purchaser affected by the common scheme, or
a condo or subdivision association for common land conveyed

95
Q

Terminate a covenant or equitable servitude

A

written release,
merger of the dominant and servient estates,
abandonment.
estoppel, or
changed circumstances so that the reason behind the restriction is no longer valid

96
Q

Easement (checklist)

A

interest in the land of another

  1. was an easement ever properly created?
  2. What is the scope of the easement?
  3. Has the easement been terminated?
97
Q

Servient estate

A

the estate burdened by the easement (always required)

98
Q

Dominant estate

A

estate that is benefited by the easement (not always present)

99
Q

Easement appurtenant

A

benefits a parcel of land (the dominant estate)

100
Q

Easement in gross

A

benefits a person or entity rather than a piece of land (no dominant estate)

101
Q

Creation of easements

A

expressly, by implication, or by prescription

102
Q

Express easement

A

writing satisfies SoF

103
Q

Easement implied by prior use

A
  1. severance of title to land held in common ownership
  2. the use giving rise to the easement was in existence at the time of the severance
  3. the use was apparent and could be discovered upon a reasonable inspection, and
  4. at the time of severance, the easement was necessary for the proper and reasonable enjoyment of the dominant tract
104
Q

Easement by necessity

A
  1. common ownership of the dominant and the servient estate, then severance, and
  2. strict necessity for the easement at the time of severance
105
Q

Easement by plat

A

a buyer in a platted subdivision acquires an implied easement to use streets, alleys, and parks in the subdivision

106
Q

Easement by perscripton

A

adverse possession
someone actually, openly, notoriously, and exclusively uses land with hostile intent for the statutory period (VA- 20 years)

107
Q

Scope of easement

A

if an express easement states a particular use, then that is the only allowable use
otherwise, can be used to the extent that is it reasonably necessary to do so

108
Q

Holder of easement maintenance

A

Holder of the easement may do what is reasonably necessary to maintain the easement, even if it interferes with the servient owner’s use of their property

109
Q

Destruction of the servient estate

A

destruction of the servient estate will terminate an easement unless the owner of the servient estate intentionally caused the destruction

110
Q

Merger of title

A

when the owner of the dominant estate also acquires the servient estate
(termination of easement based on easement holder action)

111
Q

Written release

A

expressly terminates the owner’s rights in the easement (must satisfy SoF) (termination of easement based on easement holder action)

112
Q

Abandonment

A

requires proof of intent to abandon and an affirmative act in furtherance of the intent (termination of easement based on easement holder action)

113
Q

Estoppel

A

the owner of the servient estate foreseeably and detrimentally relies on the easement holder’s action/abandonment
(termination of easement based on easement holder action)

114
Q

Severance

A

the owner of the dominant estate tries to sever the easement from the dominant estate
(only arises with easements appurtenant) (termination of easement based on easement holder action)

115
Q

Prescription based on owner of the servient estate

A

the owner of the servient estate interferes with the use of the easement for the statutory period

116
Q

Servient estate sold to a Bona Fide purchaser

A

pays value and takes without notice,
termination of the estate

117
Q

End of necessity of easement

A

for an easement created by necessity, the easement ends when the necessity ends

118
Q

Profit

A

a nonpossessory interest in land
holder of a profit has the right to go on someone else’s land and take something off of it

transferable
termination: same as easements

119
Q

Profit creation

A

only created expressly or by prescription (analysis is otherwise the same as easements)

120
Q

License

A

privilege, usually to do something on someone else’s property
personal right, not an interest in the land
can be oral (no SoF analysis)
freely revocable for any reason (2 exceptions)

not transferrable unless licensor so intends

terminates on death of licensor or conveyance of the servient estate

121
Q

License irrevocable exceptions

A

license coupled with interest- licensee purchases personal property that is located on the licensor’s property and is given permission to come onto the land to claim that property

Executed interest- the licensee expends money or labor in reliance on the license, license is irrevocable until the person gets value out of the expenditure

122
Q

Fixture

A

personal property (chattel) attached to the land

deed to the land transfers all fixtures on the property, unless buyer and seller agree otherwise
a mortgage covers the land and all its chattels, no matter when the chattels are annexed

123
Q

When is chattel a fixture?

A

if it is owned by the landowner and is so necessary or convenient to the use of the land that it is regarded as part of the land

intent to annex a chattel is a question of fact, judged by the reasonable person standard

124
Q

Zoning scope

A

regulate, restrict, permit, prohibit, and/or determine:
use of land, buildings, and structures;
size, height, area, location, construction, repair, and removal of structures;
the areas and dimensions of land, water, and air-space to be occupied and open spaces to be left unoccupied; or
the excavation or mining of soil or other natural resources

125
Q

Enforcement of zoning

A

when property found to be out of compliance, political subdivision will issue the property owner a notice of zoning violation

126
Q

Substantive due process- zoning violation

A

zoning ordinance violates substantive due process if it is arbitrary and capricious, meaning that it is not reasonably related to public health, welfare, or safety

127
Q

Procedural due process- zoning violation

A

requires notice and an opportunity to be heard

128
Q

Equal protection- zoning violation

A

a zoning ordinance may give rise to an equal protection challenge if similarly situated people are treated differently.
However, where there is no fundamental right impacted, and where there are no suspect classifications, then the rational basis test will be applied

129
Q

First amendment- zoning violation

A

a zoning ordinance may also be subject to a first amendment challenge if it regulates billboards or aesthetics

130
Q

Rezoning

A

if rezoning is inconsistent with a comprehensive plan for that area, then it must be based on a change of conditions in the land, neighborhood, environment, or public opinion

rezoning a particular piece of land is quasi-judicial and requires procedural due process. broader rezoning is legislative

an owner may petition for a rezoning to change the classification; however a use variance or special use permit is much easier to obtain

131
Q

Nonconforming use- zoning

A

a use permitted by zoning statutes or ordinances to continue, notwithstanding the fact that similar uses are not generally permitted in the area

may be expanded or rebuilt after substantial destruction

local ordinances often prohibit enlargement, alteration, or extension of nonconforming use

often required to be amortized (reduced) over a specified period, at the end terminated

132
Q

Variance- zoning

A

permission by the local zoning authorities to use property in a manner forbidden by the zoning ordinances in order to alleviate conditions peculiar to a particular parcel of property

133
Q

Variance- area restrcition

A

the petitioner must show that there are practical difficulties in meeting the requirements of the zoning code or that the requirements are unreasonable or create an undue hardship

134
Q

Variance- use restriction

A

the petitioner must show undue hardship, meaning that without a use variance, there is no viable use of the property

135
Q

Special use permit- zoning

A

required for uses in an area not zoned for those uses, but which would be beneficial to the public welfare and compatible with the area

an applicant for a special use permit is entitled to a public hearing that has been noticed to all who might have an interest in the application, including nearby property owners

136
Q

Conditional use permit- zoning

A

required for uses in a area not zoned for those uses, but which would be beneficial to the public welfare, and compatible with the area if certain conditions are met

granted only if the applicant agrees to meet the additional conditions

applicant is entitled to a public hearing that has been noticed to all who might have an interest in the application, including nearby property owners

137
Q

Lateral support

A

right of a landowner to physical support of his land in its natural state by adjoining land

landowner has an absolute right to lateral support, therefore if adjoining landowner fails to provide lateral support, the adjoining landowner will be strictly liable for any damages suffered

138
Q

Lateral support main question

A

if the land has been improved, would the property have subsided anyway or was it the weight of the improvement that caused the land to subside?

if the land would have subsided anyway (due to natural state)- remains strictly liable

if the weight of the improvement caused the land to subside, the adjoining landowner is liable only if there was negligence in depriving the neighboring property of lateral support

139
Q

Subjacent support

A

the right of support extends to:
land in its natural stat; and
buildings existing on the date when the subjacent estate was severed from the surface
however, the underground landowner is liable for damages to subsequently erected buildings only if he is negligent

140
Q

Riparian view - water rights

A

anyone who is within the watershed (touches lake or stream) has a right to make reasonable use of the water

141
Q

Prior appropriation/use view- water rights

A

awards the right to use the water to the first person to take the water for beneficial purposes

142
Q

Common enemy rule- diffuse surface water

A

floodwater can be diverted by an method onto another’s land

143
Q

Civil law rule- diffuse surface water

A

no interference with any surface water is allowed

144
Q

Reasonable use rule- diffuse surface water

A

surface water can be diverted onto another’s land if using reasonable means to do so

145
Q

Modified common enemy rule- diffuse surface water

A

a landowner may not collect the surface water and channel it onto the land of another and must exercise ordinary care

146
Q

Statute of frauds

A

requires a writing for a transfer of an interest in real property
must be signed by the party to be changed and must include:
description of the property,
description of the parties,
price, and
any conditions of price or payment, if agreed on

147
Q

SoF exceptions

A

doctrine of part performance

equitable and, under the modern trend, promissory estoppel

148
Q

Doctrine of part performance (SoF exception)

A

may be used to enforce an otherwise invalid oral contract of sale, provided the acts of part performance unequivocally prove the existence of the contract
showing of at least two of the following must be made:
payment of all or part of the purchase price,
taking of possession, or
making substantial improvements

149
Q

Equitable and, under modern trend, promissory estoppel (SoF exception)

A

may be used to prove an oral contract for the sale of land
equitable estoppel based on an act or a representation
promissory estoppel is based on a promise

VA Bar (6 decks)

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