Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Lexbar Cards > Real Property > Flashcards

Real Property Flashcards

1
Q

Requirements for creating joint tenancy

A

i) with each tenant has equal right to possess or use the property (unity of possession),

(ii) each tenant having an equal interest in the property (unity of interest),

(iii) at the same time (unity of time),

(iv) and in the same instrument.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Requirements for creating joint tenancy

A

i) with each tenant has equal right to possess or use the property (unity of possession),

(ii) each tenant having an equal interest in the property (unity of interest),

(iii) at the same time (unity of time),

(iv) and in the same instrument.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Easement by prescription elements

A

continuous, actual, open, and hostile use for a specific period (20 years in Virginia).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Fee tail

A

Va has abolished fee tail…interest previously classified as fee tail is converted to a fee simple

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Are future interests transferrable?

A

Yes, all future interests are fully alienable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

SOl for cases of possibility of reverter or reentry

A

10 yrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens when contingent remainder is still contingent when preceding estate is terminated?

A

It is not destroyed but remains an executory interest until contingency occurs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Rule in Shelly’s case

A

abolished in va

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

RAP

A

Va has adopted RAP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Joint tenancy

A

Must explicitly state “with right of survivorship.”

Occurs where two or more persons own property with the right of survivorship. On the death of a joint tenant, that person’s interest terminates and the surviving joint tenants’ interests are accordingly increased. Where there is only one surviving joint tenant, that person owns the property outright upon the death of the other joint tenants.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Murder/voluntary manslaughter by joint tenant of another joint tenant results in

A

killer being treated as having predeceased victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

spouses may own real or personal property as tenants by the entirety for as long as

A

they are married

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

To create a tenancy by entirety, couple’s interest must be described as

A

“joint tenancy w right of survivorshup” and individuals described as “a married couple”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Does a right of survivorship exists in tenancy by entirety if not explicitly reserved?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

On divorce, tenancy by entirety is converted to

A

tenancy in common

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A deed conveying a tenancy by entirety w words of survivorship to parties who are not married creates a

A

joint tenancy w right of survivorship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Improvements made by co-tenant

A

co-tenant is entitled to compensation for improvements made to jointly held property when that property is partitioned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

A ct may order partition of property if it considers the following

A

i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or in possession of the property who are or were related to the party

ii) a party’s sentimental attachment to any portion of the property

iii) lawful use being made of any portion of the property by a party and degree to which the party would be harmed if the party could not continue the same use of such portion of the property

iv) degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and

v) any other relevant factor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Virginia Fair Housing Law prohibits discrimination on basis of

A

elderliness, sexual orientation, gender identity, and military status, or source of funds, including military benefits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Landlord’s duty to notify re increase in rent

A

landlord who owns more than 4 dwelling units must provide written notice to any tenant who has the option to renew a rental agreement of any increase in rent during the subsequent rental agreement term.

Notice must be provided no less than 60 days before end of rental term agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Duty to Pay Rent—Tenant’s Defense

A

tenant may assert defense of codition existed on leased premises that was serious threat to life, health, or safety of occupants.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

To prove safety defense tenant must prove

A

i) prior to commencement of action, landlord was served w a written notice of the condition by tendant but landlord has refused or failed to remedy the same within reasonable time;

ii) tenant, if in possession, has paid into ct amount of rent found by ct to be due and unpaid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Landlord may answer defense by establishing alleged conditions

A

i) do not exist

ii) have been remedies

iii) were caused by tenant

iv) tenant unreasonably refused entry by landlord for purposes of correcting conditions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Landlord cannot charge fee for late payment of rent unless the charge

A

i) is provided for in a written rental agreement and

ii) does not exceed 10% of periodic rent or 10% of balance due, whichever is less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

if tenant unjustifiably abandoned leasehold, then tenant is treated as having

A

made an offer to surrender his rights under the lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Landlord’s duty to Mitigate

A

w respect to residential lease, landlord has duty to mitigate damages

Does not have such duty in commercial leases when tenant abandons leased premises during the term of lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Landlord’s duty to give possession

A

w respect to residental lease, landlord must give tenant actual possession

w respect to commercial, landlord is only required to give legal possession (title?)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

If landlord willfully fails to deliver possession of dwelling unit to tenant, rent abates until possession is delivered and tenant may

A

i) terminate lease upon at least 5 days’ written notice to landlord; or

ii) demand performance of rental agreement by landlord

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Landlord must make reasonable repairs of premises if

A

i) condition in dwelling unit that constitutes noncompliance w the rental agreement or law, or condition constitutes a fire hazard or serious threat to life, health, or safety, and

ii) tenant provides notice of condition in writing, landlord must make repairs w in 14 days of receiving notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Warranty of Habituality

A

landlord must
i) comply w requirements of applicable building and housing codes materially affecting health and safety

ii) make all repairs and do whatever is necessary to put and keep premises in a fit and habitable condition

iii) keep all common areas shared by two or more multifamily dwelling units clean and structurally safe;

iv) maintain in good faith and safe working order and condition all electrical, plumbing, sanitary, heating, ventialting, air conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him

v) maintain premises in such condition as to prevent mold

vi) supply running water and reasonale amounts of hot water at all times and reasonable air conditioning if provded and heat in season except when dwelling unit is so constructed that heat, air conditioning or hot water is generated by an installation within the exclusive control of tennat or supplied by a direct public utility connection;

vii) maintain carbon monoxide alarms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

If a landlord willfully or negligently fails to supply heat, running water, hot water, electricity, gas, or other essential services, then the tenant must

A

serve written notice on landlord identifying the breach and give landlord a reasonable time to cure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

essential services: if landlord fails to correct deficiency within a reasonable time, tenant may

A

i) recover damages based on diminution in fair rental value of dwelling unit; or

ii) move into substitute housing , in which case tenant is excused from paying rent for period of landlord’s noncompliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

If, at the beginning of the tenancy, a condition exists in a dwelling unit that constitutes a fire hazard or serious threat to life, health, or safety (including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities), the tenant is entitled to

A

terminate rental agreement and receive full refund of all deposits and rent paid to landlord, so long as tenant provides landlord w written notice of intent to terminate the rental agreement within 7 days of date on which tenant was to have taken possession of unit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Unless landlord asserts lessee’s termination was unjustified, landlord must refund all deposits and rent paid by tenant to tenant within

A

i) 15 biz days following day on which termination notice is delivered to the landlord or

ii) tenant vacates dwelling unit, whichever is first

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Landlord may demand up to ___ months security deposit

A

2 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

How long does landlord have to provide itemized list of any deductions or charges taken from the security deposit, and balances owed to tenant

A

45 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Dual agent serves as

A

buyer and seller of real property…Va permits this

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Equal dignities rule requires

A

K to pay a commission to real estate agent/broker to be IN WRITING bc underlying K to sell real property must be in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Defense of Part Performance to agreement not complying w SOF, D must show

A

i) agreement was certain and definite in its terms

ii) acts proved in part performance “refer to, result from, or were made in pursuance of agreement” and

iii) refusal to execute K would constitue fraud upon the party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Oral modification of K subject to SOF

A

VA does not permit oral modification of K subject to SOF

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

There is an implied warranty of fintness in sale of any dwelling except

A

condos

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Implied warranty of fitness of dwellings provides that

A

dwelling is free of structural defects and fit for habitality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Warranty of dwelling’s fitness extends for

A

1 yr and there is a 2 yr sol for filing suit once defect is discovered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

If there is a breach of dwelling’s fitness, buyer must

A

give notice to seller, who then has a reasonable time (6 months) to cure defect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Implied warranty for structural defects for condos extends for

A

2 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

seller of a residence has a duty to disclose

A

all known material physical defects to the buyer. Defect must not be readily observable or known to buyer. To be material defect must substantially affect value of residence, impact health or safety of a resident or affect desirability of residence to the buyer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Virginia effectively requires the seller of residential real property to inform the buyer of

A

caveat emptor rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Caveat emptor notice must include statement that

A

“The owner makes no representations or warranties as to the condition of the real property or any improvements thereon . . . and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Merger

A

obligation contained in the contract of sale re title are not merged into the deed and cannot thereafter be enforced unless the deed contains the obligation

50
Q

the doctrine of merger only applies to

A

obligations in a K that relate to title or are addressed in the deed…even when k itself specifically states that obligation will not merge into the deed.

51
Q

Is a closing statement reflecting the parties’ contractual agreement and placing dollar values on agreed to terms considered a deed?

A

Doc of merger does not apply to a closing statement, and does not supersede the K

52
Q

Collateral Agreement

A

K made in connection w sale of property, but does not affect title, is not addressed by deed and does not conflict w deed.

53
Q

Result if agreement meets requisites of collateral agreement

A

it is not merged into the deed and survives the execution of the deed.

54
Q

Risk of Loss

A

risk of loss falls n buyer after execution of the K for sale…

55
Q

Risk of Loss exception

A

conditions not anticipated by either party (change in property zoning) can lead a CT to refuse to enforce the K

56
Q

Residential Executory real estate K is

A

an installment land K, lease option K or rent-to-own k by which a purchaser i) acquires any right or interest in real property other than a right of first refusal, and ii) occupies or intends to occupy the property as his primary residence

57
Q

Purchaser under residential executory real estate K must be given right to

A

exercise the option to purchase the property at any time before the option expires, and no fee or penalty may be charged to the purchaser who exercises the option at an earlier time than anticipated under the K

58
Q

Adverse posession period of posession

A

possession must be continuous and uninterrupted for 15 years

59
Q

Disibility will not extend statutory period of adverse possession beyond

A

25 yrs after adverse p began….if co-tenant is under disability, the applicable SOL will still run against other co-tenants who are not under disability

60
Q

Can child adversely possess parent’s property?

A

no…presumption that child is on land w permission and therefore not hostile UNLESS there is clear, definite, or unequivocal notice of the child’s intention to assert exclusive ownership

61
Q

co-tenant cannot obtain an interest of another co-tenant by adverse possession unless

A

co-tenant gives actual or constructive notice of intent to oust

62
Q

Adverse Poss: when co-tenant transfers his interest to a new co-tenant by conveyence that, on its face, purports to give the new co-tenant sole possessioj of the property, then the new co-tenant may adversely possess the interests of the other co-tenants by

A

possession of the property for the 15 yr stat period

63
Q

Can surface owner adversely possess mineral rights by possessing the surface after a severance of the surface and mineral rights?

A

No

64
Q

When property is held by a life tenant with the remainder interest held by remaindermen, an adverse possessor who occupies the property for the statutory period acquires title against

A

the life tenant but not as against the remaindermen… stat period for adverse possession against remaindermen begins to run when life tenant dies

65
Q

Requirements for recording a deed

A

Grantor must acknowledge it, or it must be proved by two witnesses for it to be recorded.

66
Q

Va’s recording statute reads as a

A

Notice statute, but SC has found no error in conclusion that it is a race-notice

67
Q

Is possession of property by person other than grantor sufficient to put subsequent purchaser on notice?

A

Although VA recognizes inquiry notice, mere possession does not satisfy this. Need more evidence that possessor has title to property such as a reference in chain of title

68
Q

Estoppel by deed

A

grantor who conveys an interest in land by warranty deed before actually owning it is estopped from later denying effectiveness of deed

69
Q

Va limits effectiveness of estoppel by deed to

A

Grantor and grantee

70
Q

Effect of Words “w general warranty”

A

creates covenant created by grantor that she, her heirs, and her personal representatives will forever warrant and defend such property unto the grantee, his heirs, and his personal representatives & assigns against the claims and demands of all persons whomsoever.

71
Q

English covenants of title

A

i) That the grantor is seized in fee simple of the property conveyed (covenant of seisin);

ii) Of the right to convey;

iii) To be “free from all encumbrances”;

iv) Of “no act to encumber” by the grantor;

v) Of further assurances; and

vi) Of quiet possession (i.e., covenant of quiet enjoyment).

72
Q

Special Warranty deed purports that

A

seller only warrants he has not created any defects in title

73
Q

Uniform real property transfer on death act

A

individual may transfer real property to one or more beneficiaries effective on individual’s death. Deed transferring ownership upon individual’s death must be recorded during transferor’s lifetime and not revoked

74
Q

Exoneration of liens in VA

A

Unless contrary intent is clearly set out in will, a specific bequest or devise passes w/o the right of exoneration and thus remains subject to any mortgage, security interest, or other lien existing at date of testor’s death.

75
Q

Deed of trust: Trustee may first apply any proceeds from sale of property after a buyer defaults to

A

expenses incurred executing the trust, including a reasonable commission to the trustee

76
Q

When must Mechanic’s lien be filed

A

Within 90 days of last day of the month in which labor was performed

77
Q

Judgment lien becomes a lien on judgment debtor’s real property when

A

it is recorded on judgment lien docket of the clerk’s office of the county or cty where land is situated….

78
Q

Judgment creditor may execute judgment by

A

levying on such real property

79
Q

Persona liability of mortgagor: can P file action against mortgagor w/o requiring mortgagee to first proceed against property?

A

Yes

80
Q

Deed of trust or mortgage is regarded as a

A

security interest for underlying debt

81
Q

When is mortgage transferred w debt?

A

whenever the debt is transferred the deed of trust or mortgage is transferred w debt

82
Q

A deed of trust is enforceable only by

A

a beneficiary of the underlying debt, and no person w/o an interest in the debt has authority to foreclose

83
Q

Ejectment action

A

used for determing who has title to land

84
Q

Unlawful detainer/ unlawful entry

A

used in dispute re possession (usually btwn landlord and tenant)

85
Q

easement in gross

A

legal right of indidual to use somone else’s land for specific purpose and w/o owning it

86
Q

Easement appurtenant

A

right attached to piece of land (dominant estate) to use neighboring land (servient estate_ for specific purpose. Real property interest tied to land, not individual owner.

87
Q

An easement expressly granted for the benefit of utility services shall be deemed for all purposes to

A

touch and concern servient tract, run w the servient track, its successors, and assigns for benefit of entity providing utility services, its successors and assigns.

88
Q

negative easement

A

restriction is put on property

89
Q

negative easement by estoppel arises when

A

servient estate owner makes representations that dominant estate owner relies on to their detriment..

90
Q

Easement by Necessity

A

1) dominant and servient estates were derived from common title

2) easement is reasonably necessary to the enjoyment of the dominant estate

3) dominant estate became landlocked by at time of severance of two estates and there is no means of ingress and egress other than over servient estate

91
Q

Easement by implication

A

where grantor conveys land by deed describing it as bounded by a road or street, he implies that such way exists, and that grantee acquires benefit of it

92
Q

easement by prescription SOL

A

20 yrs

93
Q

Easement by Estoppel

A

Good-faith, reasonable, detrimental reliance on permission by a servient estate holder to make a limited use of her property can create an easement by estoppel if necessary to prevent an injustice.

94
Q

What happens when original purpose for which easement was created no longer exists?

A

Easement is terminated

95
Q

An irrevocable equitable easement can arise when

A

an attempt is made to create a license and then licensee changes his position

96
Q

Does a covenant not to compete run with the land?

A

No, however, it can be enforced in equity as a personal covenant against the grantee and any others who take title w/ knowledge of its existence

97
Q

Common elements of condominium include

A

all parts of the condo other than the living units

98
Q

Who has standing to sue for claims or actions related to common elements of condo

A

Only condominium owners’ association, owners of the condo units do not have such standing

99
Q

A single family zone (zoning) unit includes

A

foster home, family care home, or group home where up to eight mentally or physically impaired people reside along w staff

100
Q

Landowner may fend off surface water as a

A

common enemy; however, he may not needlessly or negligently injure property of another

101
Q

To impose liability for undermining lateral or subjoining support on adjoining land, p must show

A

damage to his property

102
Q

Covenant of quiet possession is a promise that

A

grantee will hold and enjoy the land free from any interruption, claim or demand by anybody, and that grantor would indemnify and save grantees harmless against any and every charge or encumbrance

103
Q

Is a lwfully adopted zoning ordinance an encumberance?

A

No

104
Q

Covenant against encumberances: liens

A

so long as judgment is unenforced, no actual damages are incurred by buyer unless he discharges the lien or suffers damages as a result of the judgment creditor’s enforcement of the lien.

105
Q

Doctrine of mutual mistake: ct may give relief where

A

there has been an innocent omission or insrtion of a material stipulation, contrary to the inten of both parties

106
Q

Doctrine of merger only applies to

A

subject matter specifically covered by deed…not to provisions collateral to passage of title.

107
Q

Doctrine of merger: closing statement

A

closing statement does not extinguish a purchase K….thus, the purchase k and its provisions concerning allocation of real property taxes survive

108
Q

Deed may validly convey real property by inter vivos gift so long as there is

A

i) donative intent
ii) delivery and acceptance

109
Q

Deeds must be

A

1) in writing

2) signed by grantor and reasonably identify

3) the parties and land

110
Q

SOF suretyship

A

no action concerning an agreement shall be brought against any person upon a promise to answer for the debt, default, or misdoings of another, unless that agreement is in writing and signed by party to be charged or his agent.

111
Q

Is a grantee who assumes an existing mortgage a surety?

A

No

112
Q

Does parole evidence rule apply to deeds?

A

Yes

113
Q

Parole evidence is inadmissible to

A

vary or contradict a complete and unambiguous written instrument

114
Q

Is partition in kind possible for residential real property?

A

No…law does not contemplate dividing home in half bc it would be impracticable

115
Q

General warranty deed covenants against

A

title defects that either grantor or his predecessors created

116
Q

Covenant of quiet possession

A

grantee can peaceably and quietly hold and possess property w/o demand or claim to property from a 3rd party.

117
Q

Covenant of Further Assurances

A

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

118
Q

Covenant against encumbrances assures that

A

there are no encumbrances against title or interest in the property

119
Q

General warranty deed warrants against ____ not ___

A

defects in title, not conditions on property

120
Q
A

Lexbar Cards (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions