Real Property Flashcards
What is a life tenant obligated to pay?
Rule 1291: A life tenant is obligated to pay the property taxes assessed against the property only to the extent the life tenant receives income from the property. [1998]
A devise to B, for life, with remainder to my descendants per stirpes” will result in what?
Rule 1292: A devise to B, for life, with remainder to my descendants per stirpes” will result in a life estate to B while the remainder is contingent if a court implies a condition that the remaindermen survive B. [1998]
A conveyance to B and his heirs conveys the property to B in what? What interest does heirs have?
Rule 1293: A conveyance to B and his heirs conveys the property to B in fee simple and the heirs have no interest under this conveyance. [1998]
If A conveys to B for life, with remainder to C’s children who are not yet born, C’s unborn children have what type of interest?
Rule 1294: If A conveys to B for life, with remainder to C’s children who are not yet born, C’s unborn children have a contingent remainder. [1992]
If a deed conveys a life estate to be used for a specific purpose, if it is no longer used for that purpose what can be done?
Rule 1295: If a deed conveys a life estate to be used for a specific purpose, if it is no longer used for that purpose, you can enjoin the holder of the life estate, and damages can be recovered but impounded for future distribution. [1992]
To prevent restraints on alienation, if there is a question as to the interpretation of a conveyance, it will be interpreted as what?
Rule 1296: To prevent restraints on alienation, if there is a question as to the interpretation of a conveyance, it will be interpreted as a fee simple absolute and restrictions in the conveyance will be regarded as contractual (fee simple absolute is default). [1992]
A valid remainder after a life estate is still valid even if what?
Rule 1297: A valid remainder after a life estate is still valid even if provisions on the remainder interest are declared void as restraints on alienation. [1992]
A grantor has a possibility of reverter if what?
Rule 1298: A grantor has a possibility of reverter if he conveys a fee simple determinable followed by a void executory interest. [1992]
Rule 1299: The holder of a life estate is only obligated to pay the interest portion of a mortgage on the property; for property taxes, the life tenant is responsible only to the extent that he or she receives income. [1992]
Rule 1299: The holder of a life estate is only obligated to pay the interest portion of a mortgage on the property; for property taxes, the life tenant is responsible only to the extent that he or she receives income. [1992]
The holder of a life estate must pay _____ and the remainderman must pay _______ and the life tenant is responisble for _____
Rule 1300: The holder of a life estate must pay the interest portion of the mortgage and the remainderman must pay the principal; thus, the life tenant is responsible for the mortgage interest only. [1992]
: If a remainder is created in a class that could grow (thereby diluting each existing class member’s share, this remainder is vested subject to what?
Rule 1301: If a remainder is created in a class that could grow (thereby diluting each existing class member’s share, this remainder is vested subject to partial defeasance (i.e. subject to open). [1992]
f a statute provides that any interest in land is freely alienable, a conveyance of a future interest by quitclaim deed is what?
Rule 1302: If a statute provides that any interest in land is freely alienable, a conveyance of a future interest by quitclaim deed is valid and title will vest in the grantee when the occurrence happens. [1992]
An interest created in a third person to follow a fee simple determinable will be void if what?
Rule 1303: An interest created in a third person to follow a fee simple determinable will be void if it is not sure to vest within lives in being (people identified in the granting instrument). [1992]
A conveyance “to B, his heirs and assigns, so long as the premises are used for residential purposes, then to C and his heirs and assigns what?
Rule 1304: A conveyance “to B, his heirs and assigns, so long as the premises are used for residential purposes, then to C and his heirs and assigns is a possibility of reverter. [1992]
he owner of a defeasible fee simple has the right to take minerals from the land without what?
Rule 1305: The owner of a defeasible fee simple has the right to take minerals from the land without notice to any executory interests. [1992]
f a life tenant wants to demolish a building on the property to build a shopping mall, this constitutes what?
Rule 1306: If a life tenant wants to demolish a building on the property to build a shopping mall, this constitutes waste. [1991]
conveyance: To A for the purpose of constructing a day care center creates what?
Rule 1307: A conveyance: To A for the purpose of constructing a day care center creates a fee simple absolute because there is no durational language (the precatory language is not controlling). [1991]
If a person mortgages his interest in a property, but he dies before the loan is fully repaid, the property will go to whom? What results with the mortgage?
Rule 1308: If a person mortgages his interest in a property, but he dies before the loan is fully repaid, the property will go to his heirs/ devisees as cotenants. The property remains subject to the mortgage and all co-tenants are obligated to pay their share of the mortgage, taxes, etc. Such co- tenants who obtain their interest in the same document are fiduciaries of one another, meaning that a cotenant who later acquires superior title to the property (e.g. by a subsequent tax or mortgage foreclosure sale) must give the other co-tenants a reasonable opportunity to acquire their proportional share. [2019]
in a case of a tenancy in common, one of the co-tenants can lease his portion of the property interest without the consent of the other co-tenants - however, the non-joining tenant may NOT what?
Rule 1309: In a case of a tenancy in common, one of the co-tenants can lease his portion of the property interest without the consent of the other co-tenants - the non-joining tenant may not bring an ejection action to demand exclusive possession against the lessee who has an agreement with the other joining tenant - the only possible remedy is co-possession with the third party through a partition action. [2017]
A joint tenant interest cannot be devised by ____ because?
Rule 1310: A joint tenant’s interest cannot be devised by will - when one joint tenant or tenant by the entirety dies, the survivor becomes the sole owner of the property - if a right of survivorship is not the desired disposition of the property (i.e. the testator does’t want his share to go to the joint tenant), the joint tenancy must be changed to a tenancy in common during the testator’s lifetime (e.g. if a husband and a wife own a farm in a joint tenancy with the right of survivorship and the husband dies after devising the property to a charity in his will, the wife will become the farm’s sole owner since, although a joint tenant can freely alienate his interest without a cotenant’s consent, he must do so during his lifetime and not through a will). [2013]
The recording of a judgment against a joint tenant with right of survivorship allows the judgment creditor to do what?
Rule 1311: The recording of a judgment against a joint tenant with right of survivorship allows the judgment creditor to obtain a writ of execution but it does not sever the joint tenancy - a lien severs a joint tenancy only after a writ of execution has been granted by the court and the joint tenancy is severed by the sheriff`s sale (e.g. if joint tenant A’s creditor failed to execute on the judgment against A before A’s death, the surviving joint tenant receives the real property in fee simple free and clear of any liens against A’s interest). [2011]
A co-tenant in a tenancy in common has the right to lease out his portion of the tenancy without the approval of the other co-tenants, BUT
Rule 1312: A co-tenant in a tenancy in common has the right to lease out his portion of the tenancy without the approval of the other co-tenants, BUT he must share the rent proceeds with other co- tenants and the renter must share possession of the premises with the other co-tenants. [2011]
In a partition action, the option of physical partition is not available if what?
Rule 1313: In a partition action, the option of physical partition is not available if a zoning ordinance makes it impossible to divide the land fairly. [2008]
At the death of a joint tenant, his interest goes to the other joint tenants, regardless of what
Rule 1314: At the death of a joint tenant, his interest goes to the other joint tenants, regardless of what the dead joint tenant’s will states. [2006]