Real Property

Question 1

What are the four types of present estates?

Answer 1

(1) Fee Simple Absolute, (2) Fee Simple Determinable, (3) Fee Simple Subject to Condition Subsequent, and (4) Life Estate.

Question 2

What is fee simple determinable?

Answer 2

Ownership terminates if a condition occurs and passes automatically to grantor. Look for “as long as” or “until”

Question 3

What is Fee Simple Subject to Condition Subsequent?

Answer 3

If condition occurs, grantor has right of reentry (not automatic). Look for “but if” and “right to re-enter”

Question 4

What rights do tenants in common have?

Answer 4

Each tenant owns an undivided interest in the entire property.

Question 5

What is Joint Tenancy with the Right of Survivorship?

Answer 5

Must have express language to create a joint tenancy and requires four unities (PITT) Possession, Interest, Time, and Title.

Question 6

What is needed to prove adverse possession?

Answer 6

Must be (ACHOE) Actual, Continuous, Hostile, Open and Notorious, and Exclusive.

Question 7

What is the difference between Covenant and Equitable Servitude?

Answer 7

Injured party can seek damages for violation of a covenant, injured party for an equitable servitude is enforced by an injunction.

Question 8

What duties does a tenant owe landlord?

Answer 8

Tenant’s duties are to pay rent, avoid waste, and make reasonable repairs

Question 9

What duties does a landlord owe tenant?

Answer 9

Landlord’s duties are to repair damages under the lease, implied warranty of habitability, and covenant of quiet enjoyment.

Question 10

Difference between Implied Warranty of Habitability and Covenant of Quiet Enjoyment?

Answer 10

Implied Warranty of Habitability only applies to residential leases. Covenant of Quiet Enjoyment applies to both.