Real Property Distinctions Flashcards
What is the estate, who is “O” and “A”: O to A while A attends the University of Mississippi.
Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee
Under Georgia law, what is a landlord’s duty to mitigate?
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.
How does a fee simple terminate?
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.
Under Georgia law, how are “trade fixtures” handled?
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.
Give examples of language commonly used in a fee simple subject to condition subsequent estate.
• . . . provided that . . . . • . . . on condition that . . . . • . . . but if . . . .
Under Georgia law, how is “heirs,” “heirs of the body,” “lineal heirs,” “lawful heirs,” “issue,” or similar words or phrases interpreted?
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.
Under Georgia law, what is a landlord’s duty to repair?
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.
What is the estate, who is “O,” “A,” and “B”: O to A for the life of B.
Estate: Life Estate pur autre vie O: Grantor with Reversion right A: Grantee B: Measuring Life
Under Georgia law, when and how may a former tenant respond to property damage notice subsequent a lease agreement’s termination?
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.
What is a life estate that measures by the life of a third party?
Life estate pur autre vie
What future interest does the grantor retain in a fee simple subject to condition subsequent estate?
Right of entry (a.k.a., right of re-entry or power of termination)
Under Georgia law, what additional requirement, if any, is necessary to obtain an easement by necessity?
A grantor is NOT entitled to an easement simply because she sold the land that provided the only access to a landlocked parcel.
Who (as it pertains to freehold estates) may inspect land for waste and seek an injunction to prevent waste?
Any remainderman or grantor with a reversionary interest.
What is a “Fee Simple” or “Fee Simple Absolute”?
It is absolute ownership of potentially infinite duration, freely alienable, and has no accompanying future interest.
Under Georgia law, how must a landlord process security deposits?
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.
If a grantor does not acknowledge a deed can it still be recorded?
Yes. It can still be recorded upon the affidavit of the subscribing witness made before one of the above-listed court officers.
How does Georgia law handle “reservation of easements”?
There is no implied reservation of an easement by a grantor in Georgia
What is the estate, who is “O” and “A”: O to A provided that the homestead on the estate remains A’s principle residence.
Estate: Fee Simple subject to Condition Subsequent O: Grantor with right of entry A: Grantee
Under Georgia law, how does the “demand for possession” operate?
A landlord may demand possession from a tenant at sufferance and may go before a court if the tenant refuses to tender possession.
Under Georgia law, what is the time limit for convenient that run with the land?
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.
Under Georgia law, what satisfies the “merger” termination of an easement?
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.
Under Georgia law, may a testator exclude class members?
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.
Under Georgia law, what concurrent estates are available?
Only tenancy in common and joint tenancy. Tenancy by the entirety is not available.
Under Georgia Law, what is “Propensity for Flooding” rule?
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.
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.
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
Under Georgia law, how does “the doctrine of worthier title” apply?
It doesn’t apply.
What is a “life estate”?
Life estates are limited by the duration of a particular person’s life.
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.
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.
What is “the right of survivorship”?
Upon the death of a joint tenant, the interest terminates and automatically goes to the surviving joint tenant.
What is the estate, who is “O” and “A”: O to A
Estate: Fee Simple Absolute O: Grantor A: Grantee
What are the future interests available in real property estates?
• Reversion (or “reverter”) • Possibility of Reverter • Right of Entry • Remainder • Executory Interests
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.
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
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
What is a “joint tenancy”?
When two or more individuals own property with the right of survivorship.
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.
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
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.”
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.
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
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.
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.
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.
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
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.
What are the types of concurrent estates?
• Tenancy in Common • Joint Tenancy • Tenancy by the Entirety
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.
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.
In Georgia, what type of lease does a landlord convey if the terms are for fewer than five years?
Usufructs.
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.
