Brainscape's Knowledge GenomeTM

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


See full index

Select Topics Part 1 > Real Property > Flashcards

Real Property Flashcards

1
Q

Real Property Issues

A
  1. Conveyancing
  2. Landlord-Tenant
  3. Concurrent Estate
  4. Covenants and Servitudes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Adverse Possession

A
  1. Open and Notorious (would put a reasonable person on notice that it was occurring)
  2. Actual and Exclusive (if only the possessor used the property)
  3. Hostile (lack of owner’s permission or consent)
  4. Continuous (constantly used for the purpose and in the manner that it was reasonably and normally intended)
  5. For Statutory Period
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Easement By Prescription

A

Same as Adverse Possession but Exclusive Possession NOT required

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

Remainder

A

Vested Remainders

Contingent Remainders (subject to conditions)

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

Fee Simple Determinable

A

“so long as…” followed by possibility of reverter

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

Fee Simple Subject to Condition Subsequent

A

To A “but if property ceases to be…”; followed by right of re-entry subject to laches defense

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

Life Estate

A

Interest in property until death of the stated individual

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

Executory Interest

A

FSD or FSSCS followed by estate in third party

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

Merger (estates)

A

Where same person acquire both present and future estates, they merge into a fee title

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

Rule of Convenience

A

Absent contrary intention in the instrument to include all members of a class, whenever born, Class closes when each member of the class can call for distribution of her share (ex. at death of testator if gift is made in T’s will)

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

Rule Against Perpetuities

A

Future interest must vest, if at all, within the lives in being plus 21 years

applies only to

  1. contingent remainders,
  2. executory interests,
  3. class gifts,
  4. options and rights of first refusal, and
  5. powers of appointment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Validity of Interest

A
  1. will - date of T’s death
  2. revocable trust - date trust becomes irrevocable
  3. irrevocable trust - date created
  4. deeds - date deed delivered with intent to pass title
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Concurrent Estates

A
  1. Joint Tenancy

2. Tenancy in Common

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

Joint Tenancy

A

Four Unities: JT must take interest:

  1. at the same time
  2. by same TITLE
  3. IDENTICAL equal INTEREST
  4. identical right to POSSESS the whole

and RIGHT OF SURVIVORSHIP

severance of JT results in tenancy in common

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

Tenancy in Common

A

2 or more own with NO right of survivorship

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

Severance of Joint Tenancy by Mortgage

A

Lien Theory (Majority)

  • Execution of mortgage does not sever JT (parties remain JT).
  • On death of mortgaging JT, lender loses interest

Title Theory States (minority)

  • Execution of mortgage severs JT, JT become tenants in common
  • death of mortgaging JT, heirs take TIC interest subject to mortgage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Ouster

A

Wrongful exclusion of a co-tenant from possession

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

Rights of Co-Tenants

A
  1. Right to possess all of the property
  2. Co-Tenant in possession has right to retain profits gained by use of property unless there is a written agreement to the contrary
  3. Co-tenant out of possession has right to pro rata share in rents from 3rd parties and in profits from uses that deplete property’s value
  4. Pro-rata apportionment for necessary repairs, taxes, payments on mortgages
  5. No reimbursement for improvements
  6. Co-tenant in sole possession who pays taxes and mortgages is only entitled to reimbursement in amount that exceeds rental value of the property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Landlord Tenant Analysis

A
  1. Type of lease
  2. Failure to pay rent
  3. Defenses to pay rent
  4. Issues from Assignment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Types of Leases

A
  1. Term of years - defined start and end date
  2. Periodic - undefined end date/automatic renewal (e.g. month to month)
  3. holdover - by consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Termination of Lease

A

Lease controls.

Notice generally required

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

Duty to Mitigate on Breach of Lease Tenant

A

Landlord has duty to reasonably re-let premises

Failure to mitigate is a defense to non-payment of rent

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

Assignment of Lease

A

Complete transfer of entire remaining term of lease.

Absent express restriction in lease, T is free to transfer leasehold interest in whole or in part

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

Sublease

A

T retains some part of remaining term of the lease.

Sublessee not personally liable to L for rent or for performance of any of the covenants in the main lease unless sublessee expressly assumes covenants

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

Fixtures

A

Affixed to property such that removal would cause substantial damage to the property.

Tenant cannot remove fixtures UNLESS:

  1. written agreement; or
  2. Trade fixtures
26
Q

Landlord Covenants

A
  1. Duty to Deliver Possession
  2. Quiet Enjoyment and Non-Disturbance (actual/partial eviction or constructive eviction)
  3. Warranty of Habitability
27
Q

Tenant’s Covenants

A
  1. Pay Rent
  2. Repair and damage caused (maintain premises and make ordinary repairs)
  3. Not to commit waste (affirmative, permissive, ameliorative)
28
Q

Actual/Partial Eviction

A

Physical eviction by landlord

29
Q

Constructive Eviction

A
  1. Landlord breaches duty set out in the lease;
  2. Breach substantially and materially deprives tenant of use and enjoyment of premises
  3. Tenant moves out

remedy - termination if lease if done promptly

30
Q

Warranty of Habitability

A

Property must be reasonably suitable for human residences.

Only applies to residential leases.

Remedies:

  1. Move out and terminate lease
  2. make repairs and deduct expenses from rent;
  3. sue for damage
  4. reduce rent in amount reduced by issue
31
Q

Express Covenants

A

lease language or provisions,

only relevant to Assignments

For Covenant to run with the land, must find:

  1. intent; and
  2. touch and concern

traditionally - covenants were independent and breach did not excuse performance

modern - covenants are dependent and material breach is grounds to terminate lease and claim damages

32
Q

Waste

A
  1. Voluntary - deliberate destructive acts
  2. Permissive - act of omission or neglect
  3. Ameliorative - alter property but result increases value
33
Q

Easement

A

Right to use land for a particular purpose but no right to possess or enjoy that land.

34
Q

Creation of Easement

A
  1. Express - by deed, SOF
  2. Implication - prior use over a long period of time amounting to consent. Apparent/continuous at time tract was divided, and reasonably necessary to enjoyment of dominant parcel (consider cost/difficulty of alternatives and whether price paid reflects continued use of the easement).
  3. By Necessity - where party asserting easement owns landlocked property AND two parcels were under common ownership at one time AND no prior use
  4. By Prescription - adverse possession
  5. Negative - use prohibited, NO negative easement prohibiting blocking of light absent written agreement
35
Q

In Gross v. Appurtenant

A

In Gross - held irrespective of ownership of property; does not transfer between easement holders unless for commercial purposes

Appurtenant - held by dominant estate and burdens servient estate; transfers between holders

both easements transfer if transferee has NOTICE

36
Q

Termination

A

In writing or orally plus action of abandonment.

  • servient estate cannot terminate easement for overuse - limited to injunction
37
Q

License

A

Revocable at will

arises either expressly of from failure of express easement.

may become irrevocable if licensee invests substantial amounts of money or labor in reliance on the license (estoppel)

38
Q

covenants

A

binding promises regarding the use of the land.

applies to deeds and mortgages

39
Q

Equitable Servitude

A

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

40
Q

Covenant burden that runs with the land

A
  1. writing
  2. intent
  3. notice - actual, constructive, or inquiry
  4. horizontal privity
  5. vertical privity
  6. touch and concern the land
41
Q

Covenant Benefit that runs with the land

A
  1. writing
  2. intent
  3. vertical privity
  4. touch and concern the land
42
Q

ES burden that runs with the land

A
  1. servitude in writing
  2. burdened party has notice
  3. intent
  4. touch and concern
43
Q

ES benefit that runs with the land

A
  1. writing
  2. benefited party has intent
  3. touch and concern
44
Q

Conveyancing

A

To be valid, deed must be:

  1. executed
  2. delivered
  3. accepted
  4. adequate description of property
45
Q

Quitclaim Deed

A

conveys only what the seller has and does not affect the warranty of marketable title which is in all contracts for the sale of real property

46
Q

Marketable Title

A

Title reasonably free from doubt that a reasonably prudent buyer would be willing to accept.

Need only be delivered at closing

Title is not marketable if there is an undisclosed encumbrance or a condition that gives rise to a threat of litigation

47
Q

Warranty Deed

A

Present covenants (breached at time of conveyance) of (1) seisin; (2) right to convey; and (3) against encumbrances

Future covenants (breached when there is a claim against title, if any) of (1) quiet enjoyment; (2) warranty; and (3) further assurances

48
Q

Recording Statutes

A
  1. Race Statute - priority wins
  2. Notice Statute - subsequent BFP prevails over prior grantee who failed to record
  3. Race-Notice Statute - Subsequent BFP who records before prior grantee prevails over a prior grantee who failed to record
49
Q

Mortgage

A

Conveyance of a security interest in land, intended by the parties to be collateral.

Debt and voluntary lien in debtor’s land to secure the debt

SOF requirements

50
Q

Foreclosure of Mortgage

A

Extinguishes all junior mortgages recorded after the mortgage if notice is given.

51
Q

Equitable Subrogation

A

Jr. mortgage pays off senior mortgage and steps into their position

52
Q

Equitable Redemption

A

Mortgagor’s right to redeem by bringing loan current before foreclosure sale

53
Q

Statutory Redemption

A

Mortgagor’s right to repurchase property by paying all indebtedness for 1 year after foreclosure sale

54
Q

Deed of Trust

A

Security interest in property that can be recorded

55
Q

Foreclosure of D/T

A

Non-Judicial Foreclosure -

  1. Trustee posts and records notice of default and election to sale.
  2. Trustor has 90 days to bring defaulted amount current
  3. after 90 days, Trustee may post and publish notice of Trustee’s Sale
  4. For 21 days, beneficiary can demand payment in full on note
  5. After 21 days, trustee can sell note to the highest bidder at public auction

Anti-Deficiency provisions prohibit award of deficiency judgments

56
Q

Deficiency Judgment

A

Amount owed on note secured by mortgage or D/T is greater than the current value of the property securing the debt.

57
Q

Lateral Support

A

Damage to Adjacent Property from Excavation.

  • Strict Liability where land in its natural state subsides due to adjacent excavation and developed land subsides ONLY if it would have subsided in its natural state
  • if not, liability for negligence
58
Q

Subjacent Support

A

Damages to Property for Subsurface Mining or Tunneling.

  • Strict liability only if previously built structure collapses.
  • Negligence if subsequently built structures collapse
59
Q

Water Rights

A
  1. Riparian Doctrine

2. Prior Appropriation Doctrine

60
Q

Riparian Doctrine

A

Eastern States -

Majority - Water belongs to those who own land bordering watercourses and share right of reasonable use that must submit to the reasonable use rights of the other riparain owners

Minority - Riparian rights of an owner who owns multiple lots abutting the water are limited to smallest tract owned by that owner that is abutting the water

Factors:

  1. purpose of use
  2. extent of use
  3. destination of water
  4. alteration in the flow
61
Q

Prior Appropriation Doctrine

A

Western States - Water belongs to the state

Right to divert and use water can be acquired by an individual determined by priority of beneficial use

Rights can be lost by abandonment (intent plus nonuse)

Select Topics Part 1 (5 decks)

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