Brainscape's Knowledge GenomeTM

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


See full index

July 2017 BAR > Real Property > Flashcards

Real Property Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

What is a Fee Simple Absolute?

A

Potentially lasts forever?

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

Is a Fee Simple Absolute alienable?

A

yes must be fully alienable. No direct restraints on transfer of ownership. Except for Right to refusal.

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

May conditions be put on FSA?

A

yes, but cant attempt to limit the right to transfer.

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

Will courts presume there a fee simple is granted?

A

yes, but at common law its a life estate.

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

what is a fee tail?

A

to A and his bodily heirs or the hairs of his body, common law rule to lock the property into the grantee’s family.

modern presumption: FSA

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

How is a life estate measured?

A

only measured by life.

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

what is Life Estate Pur Autre Vie

A

a life estate measured by the life of another

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

what happens if the life tenant dies before the measuring life dies?

A

the life estate passes to the estate of the deceased life tenant

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

what is the law of waste?

A

the life tenant maintains the estate

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

what does maintain mean in the law of waste?

A

may continue the normal use of land.

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

when does depletion of natural resources not constitute waste?

A

consumption of such resources constitutes the normal use of the land, as in the case of a life estate in a coal mine or a granite curry.

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

what are the three obligations a life tenant has?

A
  1. pay taxes
  2. make repairs but not replacements
  3. mortgage debt
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is the life tenants obligation limited to?

A
  1. amount of rents and profits received from the land

2. if there are no rents and profits, limited to reasonable rental value of land if the life tenant is using the land

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

what happens if life tenant is not using the land?

A

the life tenant has no repair obligation

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

what happens if the life tenant fails to pay taxes on the property?

A

the buyer at the tax sale takes the property free and clear of the future interest.

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

does a life tenant have to get insurance?

A

no

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

what is ameliorative waste?

A

when the life tenant alters the property substantially but the life tenant’s activity increases the value of the land.

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

when is ameliorative waste allowed?

A

when there is a changed condition that leaves estate relatively worthless.

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

what is a future interest?

A

the interest exists now, but possession will not take place- if it takes place at all - until some time in the future

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

what future interests does grantor have?

A
  1. reversion
  2. possibility of reverter
  3. right of entry
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what future interests is given to grantee?

A
  1. remainder

2. executing interest

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

when does a reversion arise?

A

when the Grantor conveys away less than the full durational estate that the grantor had.

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

when does possibility of reverter arise?

A

fee simple determinable

whenever the grantor conveys, the grantor automatically retains a possibility or reverter. (so long as, while, during, until)

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

whenever grantor conveys a fee simple subject to condition subsequent, the grantor keeps a?

A

right of entry

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

what is the magic words for the right of entry?

A

grantor expressly reverses the right to re-enter and retake the property.

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

when is a remainder vested?

A

if nothing stands in the way of its becoming possessory on the natural expiration of the preceding estate.

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

what is a contingent remainder?

A

when there is a condition that third party grantee must satisfy before his interest in Blackacre will become possessory.

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

what is a vested remainder subject to open?

A

where the remainder interest is conveyed to a group of unnamed persons whose members are not yet fully known, the class remains open to allow for future persons who qualify as class members by satisfying the class description.

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

when does the class close?

A

the class closes for a class gift whenever any the class member is entitled to a distribution.

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

what is executory interest?

A

a executory interest operates to cut short the estate that comes before it.

31
Q

do remainders ever follow a fee simple?

A

No never.

32
Q

what is another name for vested remainder subject to an executory interest?

A

Total divestment.

33
Q

can holders of executory interests sue life tenant?

A

no never, do not have standing to sue for waste.

34
Q

What four unities must be present at the outset to create a joint tenancy?

A
  1. unity of time (all joint tenancy interests must have vested at the same time)
  2. unity of title (the grant to all joint tenants must be y the same instrument)
  3. unity of interest (all joint tenants must take the same kind and same amount)
  4. unity of possession (all joint tenants must have same identical right of possession)
35
Q

what language is needed to create a joint tenancy?

A

“right to survivorship”

36
Q

without the language right to survivor ship, what is created?

A

a tenancy in common

37
Q

what happens if any joint tenant wants to be relieved of common ownership?

A

can ask that property be aportioned.

voluntary agreement or judicial action

38
Q

how is a joint tenancy severed?

A

sale, contract of sale, creditors sale

not by will or mortgage (still title)

39
Q

how does severance apply to contract of sale and creditors sale?

A

contract of sale - when contract of the sale was signed

creditors sale - when judicial sale actually takes place

40
Q

what kind of unity is needed for tenancy in common

A

unity of possession (which means each co-tenant is entitled to possess the whole of property)

41
Q

is there a right to survivorship in a Tenancy in Common?

A

Nope.

42
Q

Does a co-tenant in possession have to share profits that his co-tenant has received from the land?

A

No, generally one co-tenant does not have to account to the another co-tenant for his share of profits.

43
Q

when does a co-tenant in possession have to share profits?

A
  1. Ouster
  2. Agreement to Share
  3. Lease of the property by a co-tenant to a third party
  4. Depletion of natural resources

OLDA

44
Q

What are the non-freehold estates?

A
  1. Estate for years
  2. Periodic tenancy
  3. Tenancy at Will
  4. Tenancy at Sufferance
45
Q

how can u tell if there is a estate for years?

A

specified time, definite beginning and ending date

46
Q

what kind of notice is required for termination for estate for years?

A

none

47
Q

how can u if there is a periodic tenancy?

A

repeating until one party gives notice. (monthly)

48
Q

how is a periodic tenancy created by implication?

A
  1. Joint Tenancy that doesnt satisfy Statute of Frauds

2. Holdover Tenant

49
Q

how do you terminate a periodic tenancy?

A

proper notice, timing and date.

50
Q

to be valid, the notice to terminate periodic tenancy must have?

A
  1. enough time: = to length of the period of the tenancy except year to year lease (6 months needed)
  2. date = must be last day of perido.
51
Q

what is a tenancy at will?

A

a tenancy that can be terminated at any time with notice.

52
Q

what is tenancy at sufferance?

A

the hold over tenant: tenant wrongfully holds over

53
Q

what are the landlords options when a tenant holds over?

A
  1. sue to evict - trespass and damages
  2. impose a new periodic tenancy (if its commercial property, impose year to year)

*landlord has to be reasonable when imposing a new periodic tenancy.

54
Q

when must landlord tell tenant that rent will be raised?

A

before end of lease landlord gives notice.

55
Q

what are the duties of the tenant?

A
  1. pay rent

2. duty to maintain premises (if lease includes Tenant’s covenant to repair)

56
Q

what is the “covenant to repair”

A

covers everything even wear and tear. (common law no wear and tear) unless expressly excludes

57
Q

what happens if a tenant fails to pay rent?

A
  1. can sue for damages and

2. terminate the lease.

58
Q

what happens if a tenant unjustifiably abandons?

A
  1. accept abandonment, tenant has no further obligation
  2. relet premises, landlord must make a reasonable effort to relet the property in order to mitigate damages. (tenant will be liable for any deficiency)
59
Q

what are the duties of the landlord?

A

there is a modern rule: Implied Warranty of Habitability for only RESIDENTIAL property only.

60
Q

what is the Implied Warranty of Habitability?

A

for residential property only, landlord must make sure property is fit for basic human habitation.

61
Q

what is the Implied covenant of Quiet Enjoyment?

A

landlord will not interfere with the tenant’s quiet enjoyment of the leased premises.

62
Q

how does a landlord violate the Implied Covenant of Quiet Enjoyment?

A

total eviction
partial eviction
constructive eviction

63
Q

what is a total eviction?

A

entered apartment and threw tenant off premises

64
Q

what is partial eviction?

A

landlord excludes the tenant from only some portion of the leased property. (tenant does not have pay rent)

tenant has to pay portion of property left when a third party with paramount title comes.

65
Q

what is constructive eviction?

A
  1. landlord failure to provide some service,
  2. that substantially interferes with the tenants quiet enjoyment,
  3. tenant gives notice and a reasonable time to repair
  4. tenant must abandon within a reasonable time.
66
Q

what is the difference between sublease and assignment?

A

sublease is partial

assignment is the full agreement.

67
Q

when does privity of contract exist?

A

only where there is an agreement between the landlord and the particular Tenant from whom the Landlord seeks to recover the rent.

68
Q

when does privity of estate exist?

A

between the present landlord and present tenant

69
Q

can there be privity of estate between sublessee and landlord?

A

no

70
Q

what covenants run with the land?

A
  1. covenant to pay rent

2. covenant that touches the land (is helpful or makes land more valuable)

71
Q

what happens if a landlord gives permission once to waive non-assignment/non-sublease clause?

A

permission once means that its waived altogether.

accepts rent check, waived permanently.

72
Q

what happens to the tenants duties in regard to partial condemnation of eminent domain?

A

have to pay full rent
tenant will get an amount equal to the rent that was to be paid over the remained over the lease term for the portion of the property that was condemned.

73
Q

what happens to the tenants duties in regard to complete condemnation of eminent domain?

A

tenant does not have to pay rent

will share in the condemnation award fair rental value exceeds the amount of rent due.

74
Q

When do landlords owe a duty to tenant for injures sustained on the premises during the period of the lease?

A
  1. Latent Defects
  2. Short term Lease of a furnished dwelling
  3. Common Area/Passage Way
  4. Negligent Repairs (cannot conceal)
  5. Public Use Exception (landlord knows, knows tenant will not fix, land lord must know public will be using the premises)

July 2017 BAR (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions