Real Property

Question 1

Anti-lapse Statute

Answer 1

only applies to a BLOOD relative (ie, not a friend) (testator/wills q)

Question 2

Implied Servitude

Answer 2

applies when q indicates “common scheme”

ex: artist only, developer’s advertising, and the insertion of character size provision into other lot deeds

Question 3

Subsequent Purchaser will have inquiry notice

Answer 3

reasonable inspection of the property would have revealed issue
(ex: current landowner was using land openly, or easement on prop)

*even if q says BFP was UNAWARE
(reasonable prop owners would check out the land before buying - unless impossible)

Question 4

Equitable servitude

Answer 4

“Injunction”
(writing, intent, T/C, notice) -
no privity required

Question 5

Mortgagor’s duty

Answer 5

duty not to commit waste w/ respect to the property when such waste impairs the mortgagee’s security interest

(ie, bank can bring action to compel morgator to fix roof)

Question 6

Fixtures

Answer 6

item has become so incorporated in realty that loses its identity, essentially becomes part of the realty

divided ownership - q is whether ownership of chattel has passed to LO. (person getting has right to remove wthn a reasonable time)

***look to intent, through agreement maybe, of the previous owner or holder - did they intend to make the chandelier a permanent annexation, or removed - ie wife agreed w her nephew before her death, so nephew carried out her wishes after