Real Property

Question 1

Adverse Possession

Answer 1

1) Open & notorious;
2) Actual & exclusive;
3) Hostile;
4) Continuous; &
5) For the statutory period

Question 2

Easement by Prescription

Answer 2

1) Open & notorious;
2) Hostile;
3) Continuous; &
4) For the statutory period

Question 3

Fee Simple Absolute

Answer 3

Owner owns everything

Question 4

Fee Simple Determinable

Answer 4

“To A so long as the property is used for X”

Followed by possibility of automatic reverter in the Grantor

Question 5

Fee Simple Subject to Condition Subsequent

Answer 5

“To A, but if X happens, then to B”

Reentry must be affirmatively exercised

Question 6

Vested Remainder

Answer 6

“A to B for life, then to C”

No conditions

Question 7

Contingent Remainder

Answer 7

“A to B for life, then to C if C passes the Bar”

Condition must be fulfilled by the end of B’s life. Otherwise it reverts to Grantor

Question 8

Executory Interest

Answer 8

If a defeasible fee isn’t followed by an estate in the grantor, but goes to a 3rd party, the 3rd party has an executory interest

All executory interests that don’t create a time limit on when they can vest violate the rule against perpetuities (exception - charity to charity)

Question 9

Doctrine of Merger

Answer 9

If the same person holds both the present & all future estates, they merge into fee simple title

Question 10

Class Gifts

Answer 10

Gift to a defined group

Question 11

Class Gifts - Rule of Convenience

Answer 11

Absent a contrary intent, the class closes when a class member can call for a distribution of their share

Question 12

Rule Against Perpetuities

Answer 12

A future interest in a 3rd person must vest, if at all, within the lives in being plus 21 years

Question 13

Rule against perpetuities applies to

Answer 13

Contingent remainders, executory interests, class gifts, options & rights of first refusal, & powers of appointment

Question 14

Co-Tenancies - If the deed is unclear

Answer 14

The default presumption is tenancy in common

Question 15

Joint Tenancy Requirements

Answer 15

A) Four Unities: 1) same time 2) by the same title, 3) identical interest, & 4) identical right to posses; &

B) Right of survivorship

Question 16

Joint Tenancy Severance

Answer 16

If joint tenant conveys their interest to a 3rd party, it severs the JT as to the 3rd party. 3rd party is a tenant in common with original parties. Original parties retain their JT interest to each other

Question 17

Joint Tenancy - Effect of Lien/Mortgage

Answer 17

Majority (lien state): a mortgage is a lien & doesn’t sever the JT when executed. When A dies, it wipes out the mortgage

Minority (title state): JT is severed when the mortgage is executed. A & B are tenants in common, & A’s interest at death, including the mortgage, goes to A’s heirs

Question 18

Tenancy in Common

Answer 18

Two or more people own with no right of survivorship

Question 19

Rights of Co-Tenants - Possession

Answer 19

Each co-tenant has the right to possess the whole of the property

Question 20

Rights of Co-Tenants - Accountability

Answer 20

Co-tenant A doesn’t have to account to co-tenant B for B’s share of the profits

Question 21

Rights of Co-Tenants - Accountability Exceptions

Answer 21

1) Ouster
2) Agreement to share
3) Lease of the property by a co-tenant to a 3rd party
4) Depletion of natural resources

Question 22

Rights of Co-Tenants - Contribution

Answer 22

1) Cost of improvements - no
2) Necessary repairs - yes
3) Paying the mortgage - yes if mortgage signed by all co-tenants
4) Paying taxes - yes

Question 23

Periodic Tenancy

Answer 23

Undefined end date

Automatically renews at the end of each successive period

Requires written notice to terminate

Question 24

Tenancy for Years

Answer 24

Defined start & end dates

Automatically terminates on the end date, so no renewal absent a renewal clause

Question 25

Assignment

Answer 25

A complete transfer of the entire remaining term of the lease Assignee is liable to LL for all lease covenants & rent Assignor is liable to LL for rent

Question 26

Sublease

Answer 26

Sublessor retains some part of the remaining term & is still liable for rent Sublessee isn't personaly liable to LL for rent or lease covenants unless expressly assumed

Question 27

Landlord's Implied Covenant - Duty to Deliver Possession

Answer 27

Yep

Question 28

Landlord's Implied Covenant - Covenant of Quiet Enjoyment & Non-Disturbance

Answer 28

Actual & partial eviction - LL physically excludes tenant from all or part of the premises Constructive eviction - LL breaches a duty in the lease, & the breach substantially & materially deprives tenant of the use and enjoyment of the premises Remedy - timely move out & terminate the lease

Question 29

Landlord's Implied Covenant - Warranty of Habitability

Answer 29

Property must be reasonably suitable for human residence Remedies - leave & terminate lease, make repairs & deduct from rent, OR sue for damages

Question 30

Tenant's Implied Covenants

Answer 30

1) Pay rent 2) Repair any damage T causes 3) Not commit waste

Question 31

Express Covenants run with the land if

Answer 31

1) There's intent in the lease that the covenant runs; & 2) the covenant touches and concerns the land Remedies 1) Traditional - if LL breaches the covenant, T can only sue for damages, not move out 2) Modern - If it's a material breach, T can terminate & move out

Question 32

Waste

Answer 32

An act done by someone in rightful possession of property that permanently injures the land, harming the interest of someone entitled to future possession Voluntary Waste - deliberate destructive acts Permissive Waste - acts of omission or neglect Ameliorative Waste - acts that alter the property but results in an increase in value

Question 33

Easement - Creation

Answer 33

Express - direct grant of the easement that's preferably in writing By Reservation - Grantor reserves an easement as part of the conveyance By Implication - prior use over a period of time amounting to consent By Necessity - where there was no prior use, the party asserting the easement owns landlocked property, & the two parcels were originally part of the same ownership By Prescription - adverse possession without exclusivity

Question 34

Easement - Effect of Transfer of Ownership - Easement Appurtenant

Answer 34

Where the holder of one parcel holds the easement burdening a different parcel Automatically runs with the transfer of the servient estate, unless the servient estate is transferred to a BFP without notice

Question 35

Easement - Effect of Transfer of Ownership - Easement in Gross

Answer 35

Holder isn't the owner of another parcel, but has rights of access irrespective of their ownership of nearby or adjacent property Automatically runs with the transfer of the servient estate, unless the servient estate is transferred to a BFP without notice Doesn't transfer between owners of the dominant estate unless it's for commercial purposes

Question 36

Easement - Termination

Answer 36

Done either in writing, or orally plus an action of abandonment Servient estate can't terminate the easement

Question 37

License

Answer 37

Generally revocable at will, but is irrevocable if the licensee invests substantial amounts of money or labor in reliance on the license, in which case the license becomes an easement

Question 38

Covenant

Answer 38

For a covenant to bind a successive purchaser, the original covenanting parties must have agreed to be bound by the terms of the agreement, & actual or constructive notice must be given to a BFP

Question 39

Equitable Servitude

Answer 39

A covenant that, regardless of whether it runs with the land, equity will enforce against the assignee of the burdened land who has notice of the covenant

Question 40

Covenants - For the Burden on the Servient Estate to Run

Answer 40

1) Intent to create the interest 2) Notice of the covenant 3) Horizontal privity (original parties) 4) Vertical privity 5) Touch & concern the land

Question 41

Covenants - For the Benefit to the Dominant Estate to Run

Answer 41

1) Intent 2) Vertical privity 3) Touch & concern the land

Question 42

For the Equitable Servitude to Run

Answer 42

Both the benefit & burden run, but only need to show: 1) Notice (not needed to show benefit runs) 2) Intent 3) Touch & concern the land

Question 43

Implied Negative Reciprocal Servitude

Answer 43

Prohibits certain uses, which can be implied from a common development scheme & notice

Question 44

Conveyancing - To be a valid deed

Answer 44

1) Executed by Grantor 2) Delivered 3) Accepted - presumed if valuable Deed must specifically describe the property being conveyed

Question 45

Quitclaim Deed

Answer 45

Conveys only what seller has Includes warranty of marketable title

Question 46

Warranty Deed - Present Covenants

Answer 46

Seisin - title & possession Right to Convey - no restraints on alienation Against Encumbrances - no encumbrances not of record

Question 47

Warranty Deed - Future Covenants

Answer 47

Quiet Enjoyment - title won't be disturbed Warranty - grantor will defend grantee's title Further Assurances - do what it takes to clear title

Question 48

Recording Statutes

Answer 48

Race Statute - whoever records first wins Notice Statute - subsequent BFP without notice prevails over a prior grantee who failed to record Race-Notice Statute - subsequent BFP without notice who also records before the prior grantee prevails over a prior grantee who failed to record

Question 49

Mortgage & Deed of Trust

Answer 49

A security interest in property

Question 50

Foreclosure

Answer 50

Mortgages can only be foreclosed judicially

Question 51

Non-Judicial Foreclosure with Deed of Trust

Answer 51

1) Trustee posts & records a notice of default & election to sell 2) Trustor has 90 days to bring the default amount current 3) After 90 days, trustee may post a public notice of trustee's sale 4) For 21 days, the beneficiary can demand payment 5) At the end of 21 days, trustee can sell the not to the highest bidder at public auction

Question 52

Deficiency Judgment

Answer 52

Occurs when the amount owed on the note secured by the mortgage or D/T is greater than the current value of the property Can obtain a deficiency judgment under a D/T for money against the borrower only if the property isn't a single-family home or up to 4 single family residences, & beneficiary uses judicial foreclosure Non-judicial foreclosure of a D/T has an anti-deficiency provision

Question 53

Right of Redemption

Answer 53

The foreclosed mortgagor has a right to buy back the property by bringing the mortgage current

Question 54

Lateral Support

Answer 54

Right that excavation on adjacent land doesn't cause collapse on A's land

Question 55

Subjacent Support

Answer 55

tunneling underneath A's land doesn't cause subsidence

Question 56

Lateral & Subjacent Support - Strict Liability

Answer 56

Liable if excavation causes land in its natural state to subside Liable if developed land subsides only if the land would've subsided in its natural state Liable if minerals are taken from beneath the surface and the land or existing buildings collapse

Question 57

Lateral & Subjacent Support - Negligence

Answer 57

Must prove the excavation was negligent if not strictly liable

Question 58

Riparian Doctrine

Answer 58

All riparian owners share a right of reasonable use & must submit to the reasonable use rights of the riparian owners

Question 59

Prior Appropriation Doctrine

Answer 59

Water used based on prior appropriation from a particular area on the watercourse for beneficial uses, regardless if user borders the watercourse