Real Property Distinctions Flashcards
1
Q
What is the estate, who is “O” and “A”: O to A while A attends the University of Mississippi.
A
Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee
2
Q
Under Georgia law, what is a landlord’s duty to mitigate?
A
Georgia does not require a landlord to attempt to mitigate damages related to a breach of a lease. The landlord may choose between: • terminating the lease, • obtaining another tenant while holding the original tenant liable for any deficiency that may occur, or • permitting the premises to remain vacant while collecting the agreed upon rent from the original tenant. The landlord may “distrain for rent” (seize the tenant’s property) as soon as rent becomes due, if the tenant is moving out. The landlord can also apply for a distress warrant after making a statement of facts, under oath. If the landlord accepts the tenant’s surrender, or if the tenant successfully terminates the lease, then the landlord must make reasonable efforts to re-lease the premises and mitigate damages.
3
Q
How does a fee simple terminate?
A
The fee simple is a present estate that does not terminate UNLESS the owner dies intestate without heirs. In that case, the property escheats to the state.
4
Q
Under Georgia law, how are “trade fixtures” handled?
A
Trade fixtures must be removed during the tenancy or while the tenant is in possession of the property. Any trade fixtures remaining on the property once the term has ended and the tenant is no longer in possession are considered abandoned and become the landowner’s property.
5
Q
Give examples of language commonly used in a fee simple subject to condition subsequent estate.
A
• . . . provided that . . . . • . . . on condition that . . . . • . . . but if . . . .
6
Q
Under Georgia law, how is “heirs,” “heirs of the body,” “lineal heirs,” “lawful heirs,” “issue,” or similar words or phrases interpreted?
A
As “children,” regardless if the parents are deceased or still living. The living children and the descendants of any deceased children (by representation) when the estate vests will take.
7
Q
Under Georgia law, what is a landlord’s duty to repair?
A
Georgia law requires the landlord to keep the premises in good repair, including all substantial improvements made by the tenant with his consent. This duty does not exist when there is a term of years instead of a usufruct. If the landlord breaches his duty to repair, the tenant may make the repairs and either seek reimbursement or deduct the repair costs from his rent.
8
Q
What is the estate, who is “O,” “A,” and “B”: O to A for the life of B.
A
Estate: Life Estate pur autre vie O: Grantor with Reversion right A: Grantee B: Measuring Life
9
Q
Under Georgia law, when and how may a former tenant respond to property damage notice subsequent a lease agreement’s termination?
A
The tenant has the right to inspect the property within five business days after the termination of the lease and specify in writing any items in the list he disputes.
10
Q
What is a life estate that measures by the life of a third party?
A
Life estate pur autre vie
11
Q
What future interest does the grantor retain in a fee simple subject to condition subsequent estate?
A
Right of entry (a.k.a., right of re-entry or power of termination)
12
Q
Under Georgia law, what additional requirement, if any, is necessary to obtain an easement by necessity?
A
A grantor is NOT entitled to an easement simply because she sold the land that provided the only access to a landlocked parcel.
13
Q
Who (as it pertains to freehold estates) may inspect land for waste and seek an injunction to prevent waste?
A
Any remainderman or grantor with a reversionary interest.
14
Q
What is a “Fee Simple” or “Fee Simple Absolute”?
A
It is absolute ownership of potentially infinite duration, freely alienable, and has no accompanying future interest.
15
Q
Under Georgia law, how must a landlord process security deposits?
A
If the landlord requires a security deposit, then the deposit must be placed in an escrow account. He must hold the deposit in trust for the tenant and let the tenant know (in writing) the location and account number of the escrow account. Alternatively, the landlord may keep an effective surety bond with the clerk of the superior court in the county in which the property is located.
16
Q
If a grantor does not acknowledge a deed can it still be recorded?
A
Yes. It can still be recorded upon the affidavit of the subscribing witness made before one of the above-listed court officers.
17
Q
How does Georgia law handle “reservation of easements”?
A
There is no implied reservation of an easement by a grantor in Georgia
18
Q
What is the estate, who is “O” and “A”: O to A provided that the homestead on the estate remains A’s principle residence.
A
Estate: Fee Simple subject to Condition Subsequent O: Grantor with right of entry A: Grantee
19
Q
Under Georgia law, how does the “demand for possession” operate?
A
A landlord may demand possession from a tenant at sufferance and may go before a court if the tenant refuses to tender possession.
20
Q
Under Georgia law, what is the time limit for convenient that run with the land?
A
Restrictive covenants do not run for more than 20 years in any municipality or county area that has adopted zoning laws, unless they were created before the zoning law was enacted. This time limit does not apply with respect to covenants in favor of or benefiting the United States, its agencies, or political subdivisions, or land held for use by the public. In the case of a subdivision with at least 15 individual plots, covenants are automatically renewed every 20 years unless they are terminated.
21
Q
Under Georgia law, what satisfies the “merger” termination of an easement?
A
Georgia courts have only required both the dominant and servient estates to be owned by the same person. This is also true when the owner of both estates is a tenant in common with others.
22
Q
Under Georgia law, may a testator exclude class members?
A
In Georgia, a testator may dispose of property in a way that completely excludes his spouse or descendants. A testator may also exclude a member from a class so long as the testator’s intent to exclude is clear and convincing.
23
Q
Under Georgia law, what concurrent estates are available?
A
Only tenancy in common and joint tenancy. Tenancy by the entirety is not available.
24
Q
Under Georgia Law, what is “Propensity for Flooding” rule?
A
If the living space of the property has been damaged by flooding at least three times during the preceding five years, then the landlord must give the prospective tenant written notice of this propensity for flooding. If the owner does not give notice, then he will be liable for any damages proximately caused by flooding.
25
Under Georgia law, how do you determine if a picture is a part of the estate?
If an item is intended to permanently remain, then it is a fixture regardless of whether it is actually attached to the land.
26
What is the estate, who is "O," "A," and "B": O to A on the condition that the property is used for agricultural or residential uses, then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
27
Under Georgia law, how does "the doctrine of worthier title" apply?
It doesn't apply.
28
What is a "life estate"?
Life estates are limited by the duration of a particular person's life.
29
Under Georgia law, what is "Private Way by Compulsory Sale"?
A property owner may petition a court for a private right-of-way over another property owner’s land when he has no other means of accessing his property. The private way cannot be wider than 20 feet. A successful petitioner and his successors must keep the private way open and in good repair, as well as pay the property owner for any damages. Failure to do so for at least one year is considered abandonment, and title to the private way reverts back to the property owner.
30
Under Georgia law, what effect, if any, does affixing a seal have on a deed?
Georgia does not require affixing a seal. Affixing a seal extends the time an action can be brought on the deed from six year to twenty years.
31
What is "the right of survivorship"?
Upon the death of a joint tenant, the interest terminates and automatically goes to the surviving joint tenant.
32
What is the estate, who is "O" and "A": O to A
Estate: Fee Simple Absolute O: Grantor A: Grantee
33
What are the future interests available in real property estates?
• Reversion (or "reverter") • Possibility of Reverter • Right of Entry • Remainder • Executory Interests
34
Under Georgia law, how is a estate correct if it breaches the Rule against Perpetuities?
An interested party may petition a court to reform the disposition. The disposition must be reformed in a way that "most closely approximates the transferor's manifested plan of distribution" and stay within the 90-year time frame.
35
What is the estate, who is "O" and "A": O to A while A attends law school.
Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee
36
What rights does a life tenant maintain?
• Right of possession • Right to all rents and profits during possession • Right to lease, sell, or mortgage property
37
What is a "joint tenancy"?
When two or more individuals own property with the right of survivorship.
38
Under Georgia law, how does "color of title" affect title by prescription?
If land is included in the boundaries of multiple tracts and the adjacent owners are in constructive possession of the same land, then none of these owners can acquire title to the land by prescription.
39
What is the estate, who is "O" and "A": O to A for life.
Estate: Life Estate O: Grantor with Reversion right A: Grantee and Measuring Life
40
Under Georgia law, is consideration necessary in a deed for land sold?
Consider is required. Nevertheless, Georgia courts have allowed deeds without consideration as "voluntary conveyances."
41
Under Georgia law, what rights do judgment creditors hold?
Judgment creditors do not hold the same rights as bona fide purchasers for value. The rights of a judgment creditor are inferior to the prior equitable rights of a mortgagee.
42
What is the estate, who is "O," "A," and "B": O to A, but if the land is used to grow beats the property returns to O then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
43
Under Georgia law, what is the rule of ademption?
When a testator exchanges property that is the subject of a specific testamentary gift for other similar property, Georgia will infer that the testator intended for the new property to substitute the property listed in the specific gift. This is also true when the testator merely changes the investment of a fund.
44
How does Georgia law handle "dedication"?
When the recorded plat designates streets but no fee-simple title is granted, the presumption is that only an easement has been transferred tot he county.
45
Under Georgia law, when must a co-tenant "account" to his co-tenants?
He will have to account to his co-tenants if he: • receives rent or other profit from the property, • commits any waste, • deprives his co-tenant of the use of his fair portion of the property, • appropriates the property to his exclusive use, or • uses the property in a manner that must necessarily be exclusive. He will also be liable for rents and profits as the agent/bailee of his co-tenants if he receives more than his share.
46
What is the estate, who is "O" and "A": O to A, but if the land is used to grow beats the property returns to O.
Estate: Fee Simple subject to Condition Subsequent O: Grantor with right of entry A: Grantee
47
Under Georgia law, what is the statutory period for title by prescription?
Georgia requires 20 years of uninterrupted and continuous use, as at common law. If possession is “under written evidence of title,” only seven years is required. If the written title is forged or fraudulent and the adverse possessor had actual notice when he began possessing the property, he cannot establish title by prescription based on the possession.
48
What are the types of concurrent estates?
• Tenancy in Common • Joint Tenancy • Tenancy by the Entirety
49
Does Georgia recognize an "easement of light"?
If a grantor sells a house to a grantee and the light necessary for the reasonable enjoyment thereof comes from or over neighboring property OWNED BY THE GRANTOR, then an easement of light and air over such lot passes as an incident to the house being sold.
50
Under Georgia law, what is a "Lis Pendens" filing?
When a lawsuit is pending that could affect title, any party may record a lis pendent that serve as notice to third parties of the claims pending in the lawsuit.
51
In Georgia, what type of lease does a landlord convey if the terms are for fewer than five years?
Usufructs.
52
Can a usufruct create privity of estate?
No, a usufruct is not an estate, so a landlord and an assignee of a usufruct cannot be in privity of estate.
53
Under Georgia law, how is a licensed revoked?
Georgia law allows an oral license to be revoked whenever it can be revoked without harming the license holder. If the license holder detrimentally relied on the license and incurred expense, then it becomes an easement appurtenant.
54
Under Georgia law, is an electronic signature permitted to record a deed?
Yes, Georgia has adopted the Uniform Electronic Transactions Act.
55
What is the estate, who is "O" and "A": O to A and heirs
Estate: Fee Simple Absolute O: Grantor A: Grantee
56
Under Georgia law, how does ownership disability affect title by prescription?
In Georgia, the statutory time period will not run against a true owner afflicted with a disability for the duration of his disability. When the disability is removed, any prior possession may be tacked to the subsequent possession.
57
Under Georgia law, what is the scope of an express easement?
Unless the original easement says otherwise, only a change in the character of use will violate the easement.
58
Under Georgia law, what occurs if a landlord withholds any part of the security deposit?
If a landlord wrongfully withholds any part of the security deposit unintentionally as a result of a bona fide error, then he is liable for only that amount. Otherwise, the landlord is liable for triple the amount withheld, plus attorney’s fees.
59
Under Georgia law, how are owner granted "lateral support"?
If title in adjoining properties is derived from a common grantor, then the lateral support owed includes the weight of walls and other burdens that may be on it. If there were adjoining buildings when the common grantor sold the land, then that right extends to the lateral support that each adjacent wall gives to the other. A property owner must give the other proper notice before excavating.
60
Under Georgia law, how is a tenancy at sufferance converted into a tenancy at will?
Any indication that the landlord is giving the tenant permission to remain on the property will convert a tenancy at sufferance into a tenancy at will.
61
Under Georgia law, what is the required term for easement by prescription?
A prescriptive easement in improved land can be acquired after seven years of uninterrupted use. For wild lands, it takes 20 years. Even if use of the property is allowed, it may become adverse when the property owner has notice that the user intends to make the property his own.
62
What is a "Fee Simple Determinable"?
Fee simple determinable is a present fee simple estate limited by specific durational language.
63
Do a grantor's possibility of reverter terminate at death?
No. A possibility of reverter is freely alienable by the grantor, both during his or her life and upon his or her death.
64
How may a joint tenancy sever?
(1) Inter vivos (lifetime) transfer (2) Intentionally killing a co-tenant
65
Under Georgia law, what rights or obligations do persons owning non-navigable waters possess?
The owner of a non-navigable stream has the same exclusive possession of the stream as any other part of the owned land.
66
Under Georgia law, when must a tenant in common share rents?
A tenant in common does not have to pay his co-tenants rent as long as he uses only his share of the property and does not remove any of the property’s “essential value” (oil, natural gas, etc.).
67
Under Georgia law, how does payment of taxes affect title by prescription?
Payment of taxes will not establish adverse possession on its own.
68
Under Georgia law, are there any exceptions to the "duty of fair dealing"?
If the interests of the co-tenants arise at “different times by different instruments and under circumstances that show there is no good reason to recognize mutual fiduciary duties,” then the general rule that co-tenants share a duty of fair dealing may not apply.
69
Under Georgia law, what is "constructive notice"?
Georgia requires that a mortgage be attested by or acknowledged before a notary and one additional witness to constitute constructive notice. A mortgage that is recorded without due attestation does not constitute notice to subsequent bona fide purchasers.
70
What is required to be categorized as a "freehold"?
(1) Immobile (either land or some interested derived from or affixed to land) (2) The ownership interest must be for an indeterminate duration.
71
Under Georgia law, how is surrender of property different from abandonment of property?
To show a surrender, there must be a mutual agreement between the landlord and tenant; the mere taking of the keys to the leased premises by a landlord does not amount to an acceptance of a surrender of a lease.
72
Under Georgia law, how is survivorship contingency's handled if stated in a conveyance?
Unless contrary intent is expressed, the words of survivorship in a conveyance require only a remainderman to be living at the time of the testator's death.
73
What is the estate, who is "O," "A," and "B": O to A while A attends law school then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
74
How may tenant's assign usufructs?
A usufruct may not be assigned or sublet without the landlord's consent.
75
Under Georgia law, what is the "witness" requirement for a deed to be recordable?
Two disinterested witnesses or a notary.
76
Under Georgia law, what is required to impose greater restrictions on the use or development of the land by changing a covenant?
If the parties wish to change a covenant to impose a greater restriction on the use or development of the land, then the owner of the affected property must agree to the change in writing, or it will not be enforced.
77
What is the estate, who is "O" and "A": O to A on the condition that the property is used for agricultural or residential uses.
Estate: Fee Simple subject to Condition Subsequent O: Grantor with right of entry A: Grantee
78
Under Georgia law, what occurs if a tenant fails to pay rent?
A landlord may demand possession from a tenant who fails to pay rent, and he may go before a court if the tenant refuses. The tenant may pay all rents owed plus the cost of the warrant within seven days from service of the summons. This is a complete defense to the suit, but the landlord does not have to accept the payment more than once in a 12-month period.
79
In Georgia, what is necessary to create a tenancy for years?
A tenancy for years will be created only if the lease is longer than five years or the lease states that the parties intended to create an estate and not a usufruct. It is presumed that a lease of longer than five years creates a tenancy for years, but the presumption may be overcome if facts show that the parties intended to create only a usufruct.
80
What is required to create a joint tenancy?
The Four Unities: (1) Unity of Possession – equal possession rights (2) Unity of Interest – equal interest (3) Unity of Time – interest occurred at the same time (4) Unity of Title – interest created using the same instrument
81
Does Georgia use riparian water rights or prior appropriation water rights?
Georgia follows the riparian-rights doctrine, BUT it does not allow landowners to divert water from its normal course in a way that would interfere with the enjoyment of it by the next owner.
82
What is a defeasible fee?
A defeasible fee is ownership of potentially infinite duration that may be terminated by the occurrence of an event.
83
Under Georgia law, what is necessary to petition a court for a private way by compulsory sale?
The individual must own real estate or any interest therein. A tenant holding only a usufruct cannot pursue an easement by necessity under this section.
84
Under Georgia law, how does the "rule of destructibility" apply?
Georgia law does not recognize the common-law rule of destructibility. Instead, the grantor's reversion becomes possessory, and the person holding the continent remainder takes a springing executory interests, which becomes possessory if and when the condition precedent is met.
85
What do tenants in common possess?
• No right of survivorship, so each tenant can devise or freely transfer his or her interest to anyone. • Undivided interest with unrestricted rights to possess the whole property.
86
Give example of language present in a Fee Simple Determinable estate.
• . . . so long as . . . . • . . . while . . . . • . . . during . . . . • . . . until . . . .
87
Under Georgia law, what is ownership of real property transferred to a person who exercises exclusive, physical possession of that property for a statutory period?
Adverse Possession or Title by Prescription
88
What is the estate, who is "O" and "A": O to A and heirs until A gets married.
Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee
89
Under Georgia law, what is necessary to terminate a covenant?
In Georgia, termination requires that at least 51 percent of the record owners of the properties affected execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be terminated. This document must be recorded in the office of the clerk of the superior court of the county where the land is located within the two years before the end of any 20-year period of the covenant.
90
What unique obligations does a life tenant possess?
• Obligation to to pay all ordinary taxes on land and interest on mortgage associated with income earned. • Taxes and mortgage interest to the extent of the reasonable rental value of the land. • Duty not to commit waste.
91
Under Georgia law, what is "the virtue of present covenants"?
A purchaser obtains all the rights that any former owner of the land under whom he claims it may have had, unless the covenant specifically stated it was not to be transmitted with the land.
92
What is a "fee simple subject to condition subsequent"?
A fee simple subject to condition subsequent is a present fee simple that is limited in duration by specific conditional language.
93
Under Georgia law, what damages are available under the virtue of present covenants?
Damages are generally measured by the purchase price of the property with interest. If the jury determines that the use of the property was equal to the interest, then an equitable setoff is allowed. If there was no purchase price (if the transfer was a gift), then the measure is the value of the land at the time of the exchange.
94
Under Georgia law, may a landlord knowingly and willfully withhold heat, light, or water services?
A landlord may not knowingly and willfully withhold heat, light, or water service from a tenant until a final disposition has been reached on any dispossessory proceeding by the landlord against such tenant.
95
What is the estate, who is "O" and "A": O to A and heirs so long as A is an accountant.
Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee
96
Who is the real property "buyer" or "recipient"?
The grantee
97
What is the estate, who is "O," "A," and "B": O to A and heirs so long as A is an accountant then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
98
Under Georgia law, what satisfies the "abandonment" termination of an easement?
n Georgia, an easement is presumed abandoned if it remains unused for the prescriptive period. The presumption of abandonment does not apply to easements acquired by grant, because the owner of an easement by grant has no duty to use the easement. Abandonment of a granted easement requires clear evidence of intent to abandon.
99
Under Georgia law, how is land recorded?
Georgia uses a grantor-grantee index. Deeds are recorded in the county where the land is located.
100
What is the estate, who is "O," "A," and "B": O to A for life, then to B.
Estate: Life Estate O: Grantor. A: Grantee and Measuring Life B: Possesses Remander, which vests at A's death.
101
What occurs when a condition in a fee simple subject to condition subsequent estate is satisfied?
Nothing. The grantor must affirmatively demonstrate intent to terminate the estate.
102
What are the various executory interests?
• Shifting executory interest • Springing executory interest
103
Who is the real property "seller" or "donor"?
The grantor
104
Under Georgia law, what is a "attestation" requirement?
Georgia requires all deeds not filed electronically to be attested and acknowledged with at least two witnesses. Deeds may be attested by a judge or magistrate, a notary public, or a calker or deputy clerk of a superior court or of a city court created by special act of the General Assembly.
105
Under Georgia law, what is the "implied obligation of rent"?
A Georgia court will imply an obligation to pay rent when the plaintiff holds title to land occupied by the defendant. There is no rent obligation implied when the defendant holds the property in adverse possession or when the defendant’s entry onto the property was “not under the plaintiff.”
106
Under Georgia law, when is a landlord liable for tort damages?
In Georgia, a landlord is liable to third parties for damages arising from defective construction or failure to keep the premises in good repair. However, a landlord may not be held liable for injury when the tenant had the same (or greater) knowledge of the alleged defect and failed to exercise ordinary care, unless the defects rendered the premises unsafe or uninhabitable. Any liability on the landlord’s part for the criminal activity of third parties would have to stem from a breach of the duty to exercise ordinary care in keeping the property safe from foreseeable attacks (those that are substantially similar in type to prior crimes).
107
Under Georgia law, what type of damages may a landlord keep the security deposit to repair?
The landlord may not keep the security deposit to cover ordinary wear and tear, unless there was negligence, accident, or abuse of the premises by the tenant, members of his household, or guests. However, the landlord may keep the deposit for nonpayment or late payment of rent, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant’s breach, though the landlord must try to mitigate those damages.
108
Under Georgia law, how does intent affect title by prescription?
Georgia requires adverse possessors to have a good-faith belief that they have a legal right to possess the property.
109
What obligations, if any, occur if a tenant in common leases his or her interest?
The other tenants in common are obligated to share possession with the lessee, and they are entitled to a share of the rental profits from the lessor-tenant in common.
110
What is the grantor's retained future interest in the fee simple determinable estate?
Possibility of reverter
111
How does Georgia Law handled "exoneration of liens"?
Georgia applies the common law rule unless the will states otherwise. If a testator makes a specific devise of real property that is subject to an encumbrance then the devisee is entitled to have the land "exonerated" by payment of the encumbrance from eh remaining assets in the testator's estate.
112
What is Georgia's recording statute?
Georgia has a race-notice statute.
113
What is Georgia's anti-lapse statute?
Georgia’s anti-lapse statute applies to any beneficiary who is dead when the will is executed or otherwise dies before the testator but has descendants living at the death of the testator. If the beneficiary is treated as having predeceased the testator because of a divorce or an annulment or because the beneficiary is responsible for the death of the testator, then the gift vests in the beneficiary’s descendants who are also the testator’s descendants.
114
How may an owner transfer real property ownership?
Ownership of real property may be transferred by sale, by gift, or, upon death, by devise or intestate succession.
115
What are the three types of waste?
(1) Affirmative waste – result of overt conduct that causes a decrease in the value of the property. (2) Permissive waste – tenant permits the premises to deteriorate through neglect, a failure to preserve the property, or a failure to reasonably protect the property. (3) Ameliorative waste occurs when a change in use increases the value of the property.
116
What is the estate, who is "O," "A," and "B": O to A provided that the homestead on the estate remains A's principle residence then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
117
What is the estate, who is "O," "A," and "B": O to A while A attends the University of Mississippi then to B.
Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest
118
How does Georgia law handle surface water rights?
Georgia follows the natural flow theory modified by a reasonable-use provision. Every riparian owner is entitled to a reasonable use of the water and to have the stream pass over his land according to its natural flow, subject to the reasonable use of the water by other riparian owners.
119
What is a "fee simple subject to executory interest"?
A present fee simple estate that is limited in duration by either conditional language or durational language, such that it will terminate upon occurrence of the specific condition, and title will pass to a third party.
120
Under Georgia law, when and how must a landlord communicate property damages subsequent a lease agreement's termination?
The landlord must inspect the property and give the tenant a list of damages within three business days after the tenant leaves the premises, including an estimated dollar value of the damage.
121
Under Georgia law, what is the notice requirement to terminate a tenancy at will?
In Georgia, a landlord must give 60 days’ notice to terminate a tenancy at will. A tenant needs to give only 30 days’ notice.
122
Regarding mortgages, is Georgia a lien theory state of title theory state?
Georgia is a lien theory state.
123
What is the "duty of fair dealing"?
Co-tenants share a duty of fair-dealing, such that an acquisition by one co-tenant that affects the estate owned by all co-tenants is considered an acquisition by all co-tenants.
124
What are the various remainder interests?
• Vested remainder ° Vested subject to open ° Vested subject to complete • Contingent remainder
125
What are "fee tail," and are they permitted under Georgia law?
Fee tail is a freehold estate limiting the estate to the grantee's lineal blood descendants by specific words of limitation (e.g., heirs of the body). Georgia does not recognize fee tail estates. It is treated as a fee simple absolute estate.
126
Describe Georgia's Marketable Title Act.
In Georgia, a prima facie case in title actions exists upon showing good record title for a period of forty years.
127
What occurs when a condition in a fee simple determinable estate is satisfied?
The grantor automatically regains the estate through his or her possibility of reverter rights.
128
Under Georgia law, when may an easement be implied?
In Georgia, an easement can be implied when the right is necessary to the enjoyment of lands granted by the same owner. An easement is not reasonably necessary if it is simply more convenient.
129
Under Georgia law, when is a "quasi-easement" likely to be found?
In Georgia, courts have found quasi-easements only when an implied easement is necessary to provide water or other essential services to one parcel of land after partition of the tract by the developer or other common owner.
130
Under Georgia law, must a person use a "straw man" to create a co-tennancy relationship between the owner and another person?
No, Georgia does not require a straw man to create a joint tenancy.
