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July 2023 MEE > Real Property LAST PUSH > Flashcards

Real Property LAST PUSH Flashcards

1
Q

Joint Tenancy - Four Unities

A

joint tenants must take their interests:
(1) at the same time
(2) by the same title
(3) identical equal interests and
(4) with rights to posses the whole

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2
Q

Joint Tenancy Severance

A

Sale and Partition

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3
Q

Joint Tenancy Severance and Sale

A

a joint tenant may sell or transfer their interest during their lifetime - voluntary conveyance destroys joint tenany

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4
Q

Joint Tenancy Severance and Partition

A

three types of partition
(1) by voluntary agreement
(2) by judicial action called partition in kind
(3) by judicial action called forced sale

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5
Q

Partition by Voluntary Agreement

A

an allowable and peaceful way to end the relationship

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6
Q

Partition in Kind

A

an action for a physical division of the property which is in the best interest of the parties

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7
Q

Forced Sale

A

an action when, in the best interest of all parties, the land is sold and the sale proceeds are divided up proportionally

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8
Q

Severance of Tenancy by the Entirety

A

(a) death
(b) divorce
(c) mutual agreement
(d) execution by a joint creditor of both the spouses can sever

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9
Q

Tenancy in Common Termination

A

may be terminated by partition

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10
Q

Periodic Tenancy by Implication

A

(a) the land is leased with no mention of duration, but provisions made for the payment of rent in intervals
(b) an oral term of years in violation of the S.O.F.
(c) if the landlord elects to holdover a residential tenant who has wrongfully stayed past the conclusion of the original lease

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11
Q

Tenant’s Primary Duties

A

(1) routine repair
(2) pay rent
(3) don’t commit waste

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12
Q

Tenant Breaches But is Out of Possession

A

(1) surrender - landlord can choose to treat the tenant’s abandonment as an implicit offer of surrender, which the landlord accepts, thereby ending the lease
(2) Ignore - ignore the abandonment and hold the tenant responsible for the unpaid rent until the natural end of the lease, just as if the tenant were there
(3) re-let the premises on the wrongdoer tenants behalf, and hold the wrong doer liable for the deficiency

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13
Q

Breach by Wrongful Eviction

A

(1) actual eviction
(2) partial eviction
(3) constructive eviction

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14
Q

Actual Eviction

A

occurs when the landlord, a paramount title holder, or a hold over tenant excludes the tenant from the entire leased premises

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15
Q

Partial Eviction

A

occurs when the tenant is physically excluded from only part of the lease premises

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16
Q

Constructive Eviction

A

when the landlord’s breach of duty renders the premises unsuitable for occupancy

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17
Q

When a Landlord is Liable for Breach of Other Tenants

A

(1) a landlord has a duty to abate a nuisance on site
(2) a landlord must control common area

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18
Q

Tenants Entitlement when Implied Warranty of Habitability is Breached

A

(1) move out and terminate the lease
(2) repair and deduct
(3) reduce rent or withhold until court determines fair rental value
(4) remain in possession, pay full rent, and affirmatively seek money damages

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19
Q

Five Exceptions to Caveat Lessee

A

(1) common areas
(2) latent defects
(3) assumption of repairs
(4) public use rule
(5) short term lease of furnished dwelling

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20
Q

Negative Easements are Generally Recognized in Four Categories

A

(1) Light
(2) Air
(3) Support
(4) Stream water from an artificial flow

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21
Q

Creating of Negative Easement

A

can only be created expressly by a writing signed by the grantor

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22
Q

Easement Appurtenant

A

when it benefits the holder in his physical use or enjoyment of his own land

two parcels involved:
(a) a dominant tenement
(b) servient tenement

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23
Q

Easement in Gross

A

if it confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment

common examples:
(1) right to place a billboard
(2) right to swim
(3) utility company’s right to lay power lines on anothers lot

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24
Q

Easement Appurtenant Transferability

A

passes automatically with transfers of the dominant tenement, regardless of whether it is even mentioned in the conveyance

25
Q

Easement Appurtenant Burden on Servient Estate

A

passes automatically with the servient estate, unless the new owner is a bona fide purchaser without notice

26
Q

Easement in Gross Transferability

A

not transferable unless it is for commercial purposes

27
Q

Easement Creation

A

(1) prescription
(2) implication
(3) necessity
(4) grant

28
Q

Easement by Prescription Elements

A

(a) continuous and uninterrupted use for the given statutes period
(b) open and notorious use
(c) actual use that need to be exclusive
(d) hostile use

29
Q

Termination of an Easement

A

(1) Estoppel
(2) necessity
(3) destruction
(4) condemnation
(5) release
(6) abandonment
(7) merger
(8) prescription

30
Q

Licenses

A

freely revocable, at the will of the licensor, unless estoppel applies

31
Q

Covenant v Equitable Servitude

A

(a) if plaintiff wants money, construe the promise is a covenant
(b) if plaintiff wants injunction, construe the promise as equitable servitude

32
Q

Requirements for Burden to Run

A

(1) writing
(2) intent
(3) touch and concern
(4) horizontal and vertical privity
(5) notice

33
Q

Horizontal Privity

A

original promising parties - succession of estate, grantor-grantee, landlord-tenant, mortgage-mortgagee

34
Q

Vertical Privity

A

nexus between successor in interest and the originally covenanting party

35
Q

Requirements for Benefit to Run

A

(1) writing
(2) intent
(3) touch and concern
(4) vertical privity

36
Q

Equitable Servitude

A

promise that equity will enforce against successors of the burdened land regardless of whether it runs with the land at law, unless the successor is bonda fide purchaser

37
Q

Creation of Equitable Servitude

A

(1) writing
(2) intent
(3) touch and concern
(4) notice

38
Q

Common Scheme Doctrine

A

(1) the subdivider had a general scheme of residential development which included the defendant’s lot and
(2) the defendant lot holder had notice of the promise contained in those prior deeds when it took

39
Q

Equitable Defenses to Enforcement of Comon Scheme

A

(a) neighborhood conditions have changed
(b) unclean hands
(c) acquiescence
(d) estoppel
(e) laches

40
Q

Common Scheme Termination

A

(1) written release from the benefit holders
(2) merger of the benefited and burden estates
(3) condemnation

41
Q

Adverse Possession

A

(1) continuous
(2) open and notorious
(3) actual and exclusive
(4) hostile

42
Q

Part Performance Exception to Statue of Frauds

A

(1) oral contract is certain and clear
(2) acts of partial performance clearly prove the existence of a contract

43
Q

Title is Unmarketable

A

(1) defects in the record chain of title
(2) encumbrances - mortgages, liens, restrictive covenants, easements, options to purchase
(3) zoning violations

44
Q

Failure to Disclose

A

(1) seller must know or have reason to know of the defect
(2) seller must realize that the buyer is unlikely to discover the defect
(3) defect must be serious enough that the buyer would probably reconsider the purchase

45
Q

Time is of the Essence

A

(1) the contract states so
(2) the circumstances indicate that was the parties intent
(3) one party gives the other notice time is of the essence

46
Q

Lawful Execution of a Deed

A

(1) writing signed by the grantor
(2) unambiguous description of the property
(3) identification of the parties by name or description
(4) words of intent to transfer
(5) delivery

47
Q

Delivery of Deed is Presumed

A

(1) grantee has possession of the deed
(2) handed to the grantee
(3) acknowledged by the grantor in front of notary
(4) recorded

48
Q

Quitclaim Deed

A

grantor isnt even promising that they have title to convey - conveys only what the grantor has at the time of conveyance

49
Q

General Warranty

A

warrants against all defects in title, including those attributable to grantor’s predecessors

50
Q

Six Covenants in General Warranty Deed

A

(1) covenant of seisin
(2) covenant of the right to convey
(3) covenant against encumberances
(4) quiet enjoyment
(5) covenant of warranty
(6) covenant for further assurances

51
Q

Special Warranty Deed

A

deed contains the same covenants as the general, but here the grantor makes those promises only on behalf of himself

52
Q

Fraudulent Conveyances

A

(1) with actual intent to hinder, delay, defraud, any creditor of the grantor
(2) without receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent or became insolvent as a result of the transfer

53
Q

Closing Disclosure

A

3 business days prior to closing
(1) principal, interest, payment amounts
(2) closing costs
(3) potential surprises to mortgagors
(4) cash required to close

54
Q

Assumption of Mortgage

A

theyre agreeing to be personally liable on the mortgage note

55
Q

Subject to Mortgage

A

they are not agreeing to personal liability; the mortagees only recouse is foreclosure

56
Q

Cumulative Zoning Ordinance

A

creates a hierarchy of uses of land, where a single family home is the highest use, followed by a two family home, and then apartment, factory etc

57
Q

Noncumulative Zoning Ordinance

A

under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned

58
Q

Groundwater Rights

A

(1) absolute ownership doctrine
(2) reasonable use
(3) correlative rights
(4) appropriate rights doctrine

59
Q

Restatement Approach to Groundwater Rights

A

may pump groundwater, unless
(1) unreasonably harms neighboring landowners
(2) exceeds the reasonable share
(3) directly and substantially effects surface waters and unreasonably harms surface water users

July 2023 MEE (16 decks)

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