Real Property

Question 1

Tenant Duties to 3rd Parties

Answer 1

T liable for injuries sustained by 3rd party INVITEES, even if LL promised to repair!!

Question 2

Constructive Eviction

Answer 2

SING
Substantial Interference (with right to use/enjoy)
Notice (T notifies LL, LL refuses to act)
Get out!

Question 3

LL Options if T Breaches

Answer 3

SIR
Surrender (Treat as ending the lease)
Ignore (and hold T liable for rent)
Re-let to new T (hold breaching T liable for any deficiency)

Question 4

LL Liability for Torts

Answer 4

CLAPS
Common areas
Latent defects
Assumption of repairs
Public use rule (defects if leasing public space)
Short term furnished lease (liable for any defects causing harm)

Question 5

Implied W Habitability T’s Options

Answer 5

Treat as breach – Move Out!
Repair & deduct from rent
Sue

Question 6

Termination of Easement

Answer 6

END CRAMP
Estoppel (servient estate relies on termination) 
Necessity
Destruction
Condemnation of servient land
Release (in writing)
Abandonment (physical act needed; intent)
Merger of the parcels
Prescription

**Note: if merger terminates and the land is separated again later, NOT automatically revived

Question 7

License

Answer 7

Freely revocable

Exception: estoppel (licensee invests substantial $ or labor in reliance)

Question 8

Covenant to Run: Benefit

Answer 8

WITV
Writing
Intent
Touch and concern
vertical privity

Question 9

Covenant to Run: Burden

Answer 9

WITHVN
Writing
Intent
Touch and concern
Horizontal privity
Vertical privity
Notice (actual, record, inquiry)

Question 10

Equitable Servitude

Answer 10

WITNES
Writing
Intent
Touch and concern
Notice (actual, record, inquiry)
=
Equitable
Servitude

Question 11

Implied Equitable Servitude

Answer 11

General scheme by subdivider when sale began
Notice (actual, record, inquiry)

**Exception: changed condition within the community is so pervasive, affects entire area

Question 12

SoF

Answer 12

Required for land
UNLESS 2/3 met:
1. possession
2. payment (full/partial)
3. improvements

Question 13

Time Not of Essence

Answer 13

Unless specified time not of essence

Clear title reasonable time after closing date is okay

Question 14

Deed

Answer 14

Lawfully Executed
Grantor present intent to transfer land
Grantor signature
Writing (SoF)
Delivered

Question 15

Present Warranties

Answer 15

Seisin
Encumberances
Convey

Present- one SEC

Question 16

Future Covenants

Answer 16

Further assurances
Warranty
Quiet enjoyment

Future – FWQ

Question 17

Shelter Rule

Answer 17

Someone who takes from a BFP is protected as if they were a BFP (even if they otherwise would NOT be)

Question 18

Notice Statute

Answer 18

2nd Buyer wins if BFP

Question 19

Mortgage Transfer

Answer 19

CAN transfer mortgage if the note is negotiable
Must be SIGNED and endorsed by Mortgagee
Transferee must give value for the note
Transferee is a “holder in due course”
Transferee takes subject to the mortgagee’s real defenses (but not personal defenses)

Question 20

Transferee Defenses

Answer 20

Transferee takes subject to the mortgagee's real defenses:
MADFIFI4
Material Alteration
Duress
Fraud In Fractum
Incapacity
Illegality
Infancy
Insolvency

Question 21

Selling WITH the mortgage

Answer 21

Assumption of mortgage – debtor AND buyer are personally liable (buyer is primarily liable)

Subject to Mortgage – buyer NOT personally liable; only seller personally liable

Question 22

Variance

Answer 22

1. Undue hardship
2. Variance will NOT decrease neighboring property value
   Determined by admin action in front of zoning board

Question 23

Non-Conforming Use

Answer 23

once lawful but NO longer b/c new ord

Question 24

Exactions

Answer 24

Suspect – must be REASONABLY RELATED in (1) nature and (2) scope to the development