Real Property

Question 1

Fee simple absolute -> Runs forever, and freely alienable (but with condition is ok)

Answer 1

Presumed except otherwise stated. “To A” means fee simple absolute and it means “to A and his heir”

Question 2

Fee simple determinable -> Duration

Answer 2

“so long as”, “during”, “while”, and “until”

Question 3

Fee simple subject to condition subsequent -> conditional-> not end automatically

Answer 3

“but if”, “provided”, “however”, and “upon condition that” -> when inconsistent -> Prefer over Fee simple determinable

Question 4

Fee Simple subject to Executory Limitation

Answer 4

Pass to other grantee

Question 5

Life tenant needs to maintain /repair the property, otherwise permissive waste (insurance not needed)

Answer 5

substantial changes to the premise -> need to increase the value of premise (look at relatively useless to current use)

Question 6

Example: for A for life, then sell her life estate to B

Answer 6

B has life estate pur autre vie subject to A’s life, when B dies, to B’s estate until A dies.

Question 7

Future interests to grantor (Not subject to RAP): 1.Reversion 2. Possibility of Reverter (usually with fee simple determinable) 3. Right of entry (usually with fee simple subject to a condition subsequent; needs to be expressly written)

Answer 7

Future interests to grantee: 1. Reminder 2. Executory Interests

Question 8

Remainder 1: Vested Remainder -> No condition preceded + Ascertainable Person

Answer 8

Remainder 2: Vested Remainder subject to open -> no condition preceded + class of member (children， but cannot be born later than 10 months or 280 days of grantors’ death)

Question 9

Remainder 3: Contingent Remainder: Condition preceded + No ascertainable Person

Answer 9

Remainder 4: Vested Remainder subject to Divestment (interests can be divest): Identified person +condition subsequent

Question 10

Executory Interests: shifting - from grantee to grantee

Answer 10

Executory Interests: springing - from grantor to grantee (example: A to B if B marries C)

Question 11

For vested remainder subject to open, if 1 class member void, all void

Answer 11

Age contingency: more than 21 years after Testator’s death

Question 12

Joint Tenancy: Needs to be same time, same title, same interests and same right (needs “joint tenancy” like language)

Answer 12

“jointly” or “joint owner” would be tenancy in common

Question 13

Conveyance of interests destroy right of survivalship, the conveyee has tenancy in common.

Answer 13

The rest still has joint tenancy but the conveyed part is forever gone. (In lien theory state -> Mortgage cause no severance; title theory state -> Mortgage cause severance) Servence occur when contract of Sale is entered. -> But for when creditor obtain a judgement, there is not a sale yet.

Question 14

Tenancy in Common: Created when 4 elements for joint tenancy are not met or unclear language

Answer 14

Co-tenant contribution: needs to pay tax, mortgage, and repair necessary utility, but does not have to pay for improvement

Question 15

Partition: if capable to divide -> partition by kind / If unable to divide -> partition by sale

Answer 15

Landlord: Acceptance of Rent creates periodic tenancy by operation, even though statute of fraud violated; tenancy at will -> termination by death, waste, assignment, transfer of title and lease by landlord to someone else

Question 16

If premise is destroyed without fault of tenant, he can terminate lease without paying.

Answer 16

noisy neighbors and criminal activity by other tenants in Texas -> can be violation of quiet enjoyment (look for Provisions on smoke alarm and lock, and but not stained carpet)

Question 17

retaliatory eviction is presumed if the eviction occurs within 90-180 days of reporting

Answer 17

Assignment: transfer everything, holding nothing back.
Sublease: Transfer a portion of the lease period, hold some time back.

Question 18

liability is found if touch and concern the land (can be established by privity of Estate or privity of contract; there is no privity exist on sublease)

Answer 18

Non-assignment clause -> if waived once without indicating future assignment right, then it is wavied for all times -> cashing the check has same effect.

Question 19

Fixture: attach to the property with substantial degree;

Answer 19

Easement: easement of a year or less do not have to be in writing, the others do.

Easement by Prescription: needs visible and notorious and adverse. Seasonal occupation is ok (For MBE -> needs 20 years, for Texas Essay -> needs 10 years)

Question 20

Easement in gross: for commercial use is always transferable; if use is personal in nature -> transfer needs consent

Answer 20

Development on Easement needs to be reasonable use, whether it was foreseeable when easement was given and it needs to be only benefiting the dominant estate, not others

Question 21

Covenant: when either side has successors and privity, needs: Intent, Notice, needs touch and concerns the land/ Needs horizontal privity, between original party independent of convents. (Look at shared interests, conveyance, with a promise)

Answer 21

Vertical Pvitity -> needs to transfer of the entire estate to the succesors.
For benefit: only requires any succeeding possessory estate, not entire estate.

Question 22

When both parties are successors, if burden side test fails, benefit side cannot enforce montetory damage on burden side

Answer 22

Servidtude: Only needs intent + Covenant touch and concerns the land -> needs notice of the covenant -> equitable relief, no privity needed.

Question 23

Adverse Possession: Require hostile, exclusive lasting, uninterrupted, visible, actual. Period in (Texas: recorded deed with Taxes but defective deed -> 5 years/ Pure Possession: 10 years, more than 160 acres / 25 years when true owner under disability)

Answer 23

Color of Title only possess a part of the larger unit, constructive adverse possession can give title to the vest of the property -> 1. The amount actually possessed must bear a reasonable relationship to the whole 2. The property must be unitary (decision by road destroy unity) -> 1. usually substantial parts 2. leasing a property does make adverse possession possible (satisfy actual possession)

Question 24

For fee simple determine automatically ends and adverse possession clock starts (but not for fee simple subject to condition subsequent)

Answer 24

Joint Tenant -> clock starts after he is actually excluded from property, mere adverse doesn’t count

Question 25

contract of sale: needs writing and signed (element: description, names and price; part performance: possession +paying all or part + erecting improvement (MBE needs only 2, Texas needs all)

Answer 25

• Seller must able to deliver a valid legal title on the day of closing. - Periodic Payment makes it looks like a lease but not sale. - In texas, the risk of loss is on who has possession

Question 26

Breach of Covenants of Seisin: Covenants of warranty runs with land but the future buyer can only recover whatever is warranted by warrantor

Answer 26

• Description: Minor difference is ok, e.g. 1 acre v. 7/8 acres.
• If A doesn’t have title at the time of conyeance of A to B, but later aquireds title, he cannot deny conveyance.

Question 27

Recording:In Tx, Bona fide purchasers including morgagees and judgement creditors also protected under first win, first right, MBE: only mortgages (In TX, signed and notarized or 2 witness)

Answer 27

• Foreclose by public auction rule (pg. 116 for Texas Essay)
• Foreclosure destroy all junior interests but not senior interests.
• Mortgage Priorities: First Come, First Right -> Can be changed by contract or subordination agreement, or owner does anything to increase a senior mortgage. ->cannot increase the senior mortgage to prejudice the junior ones.
• Any modification of obligation by the mortgage and the grantee will discharge the original mortgagor and grantee will discharge all liability.

Question 28

Homestead needs: 1. Intent to have it your homestead and Actual Occupation 2. Rural 200 family, 100 for single person; Urban - 10 acres contiguous (Urban also needs:Police Protection; Fire Protection, Three of electricity, natural gas, sweet, storm sewer, and water.

Answer 28

Abandonment of Homestead needs: clear evidence of non-use AND an intention to cease using the property as homestead.

Question 29

• Right of reentery does not violate assignment in majority view
• Non use does not destroy easement
• For more than 1 year, easement needs to be in writing
• Holder of serving estate, has the right to choose the location of an easement by necessity.
• If easement is easement apputerant, it is passed to successor even if no one exercised his right

Answer 29

• Recording does not affect the validity of easement.
• Equitable Remedy -> Equitable servitude -> Touch concern the land when the land makes itself more useful or valuable to the benefited party.
• If an adverse possessor uses land in violation of a recorded real covenant for the limitation period, she takes title free of the real covenant
• Devisee of land cannot be protected as bona-fide purchasers. Mortgagee can.

Question 30

Question:
1. Possibility of Reverter follows fee simple determinable (as long as, while, during, until)

right of reentry follows subject to condition subsequent ( on condition that, provided that, however if, but if)

2. Absoulte restriction on grantee to alienate the property is void and construct as grantor’s original intent.
3. Class member that predecease the testator will get nothing -> the class close when the class member can take the gift -> but if within nine months of class close (it is ok)
4. If hold-over residiental tenancy reflect earlier lease, but if new price has been notified with increasing rent before lease ended, reflect new rent. if commercial lease -> auto renew can not exceed one-year.
5. Merger of easement requires 2 lands in same manner
6. Address is sufficient for legal description

Answer 30

7. Equtiable conversion -> the ris of loss will be on buyer once enter into the contract.
8. In notice jurisdiction -> last bona fide purchaser wins and shelter rule, buyer who buy from bona fide purchaser also get protection.
9. Adverse possessor does not have marketable title, they need to sue for quit title first.