Real Property

Question 1

How do you obtain title to real property by Adverse Possession in Virginia?

Answer 1

A party must prove their possession was:

1. Actual & Visible
2. Exclusive
3. Continuous
4. Hostile to Owner’s Rights

For a period of 15 years!

Question 2

What if you have all the requirements for adverse possession EXCEPT you had the owner’s permission?

Answer 2

You are presumed to have a revocable lease

Question 3

Who has standing to sue for misuse of common areas in a condo association?

Answer 3

1. Only the condo association has legal standing to sue for
2. Misuse of common areas

Question 4

How long is the statute of limitations to recover personal property from adverse possession?

Answer 4

5 years!

Question 5

What can be done about a Mutual Mistake in Real Estate Contracts?

Answer 5

A court may give relief where there has been an INNOCENT OMISSION OR INSERTION of a material stipulation that is CONTRARY to the intention of BOTH parties

Question 6

What is the Doctrine of Merger?

Answer 6

The idea that a previous contract is extinguished by an instrument of higher dignity: the deed

*only applies to subject matter COVERED by the deed

Question 7

What is necessary for a deed to be valid?

Answer 7

It must:

1. Meet certain formalities;
2. Be delivered to grantee;
3. Be accepted by grantee

*delivery can include manual delivery. Not recording it does NOT invalidate it. Title passes with delivery, not recording

Question 8

What does English Covenants of Title Mean?

Answer 8

It means the title was conveyed

1. in fee simple
2. without encumbrances or liens on the property.

Question 9

What are Encumbrances?

Answer 9

The existence of physical intrusions or encroachments or superior title or interest held by another party

Question 10

What is a Notice Statute?

Answer 10

Subsequent bona fide purchaser that takes WITHOUT NOTICE will prevail over a prior property interest holder

Question 11

What is a Race-Notice Statute?

Answer 11

Subsequent bona fide purchaser must take WITHOUT NOTICE and must record their interest FIRST.

Question 12

Fraud Defense Elements

Answer 12

Buyer must prove that:

1. A false representation of MATERIAL fact was made by seller KNOWINGLY
2. With the INTENT to MISLEAD
3. And was RELIED on by buyer to their DETRIMENT

Question 13

How can you prove the misrepresentation element in the fraud defense?

Answer 13

Can be proven by seller concealing a material fact