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Real Property > Real Property Memorization > Flashcards

Real Property Memorization Flashcards

1
Q

Adverse Possession

A

Continuous
Open and Notorious
Actual and Exclusive
Hostile (no permission)
Statutory Period

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2
Q

Land sale contract - SOF

A
  • writing
  • parties identified
  • signed by one to be bound
  • consideration
  • Part performance: two of possession, substantial improvement, payment
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3
Q

Land sale contract

A

Marketable title
Equitable conversion
Remedies for breach:
- damages
- specific performance

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4
Q

Mortgages

A

Writing required
Foreclosure
- judicial foreclosure
- priority of loans:
-

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5
Q

Mortgages Foreclosure

A

Priority:
* PPM
* Fees, senior, junior liens,
* Deficiency

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6
Q

Deed Requirements

A
  • Parties
  • In writing and signed by grantor
  • describes land
  • words of intent
  • no consideration required
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7
Q

General Warranty Deed

A
  • Seisin - grantor warrants it owns the land
  • Righth to convey
  • Encumbrances
  • Title - grantor will defend against lawful claims of title
  • Quiet Enjoyment - will not be disturbed in possession
  • Further assurances - will do future acts necessary to perfect title
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8
Q

Deed Delivery

A
  • Intent to make present transfer
  • Strong presumption of present transfer (a) recording deed or (b) physically delivery deed to grantee
  • Acceptance by grantee
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9
Q

Recording Acts

A
  • Race - first to record wins
  • Notice - last BFP wins over a prior grantee that did not record
  • Race-Notice - last BFP who records first wins over prior grantee
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10
Q

Bona Fide Purchasers

A

Purchaser for value, takes without actual, inquiry or record notice

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11
Q

Estoppel by Deed

A

If one conveys an interest in realty he does not own via a warranty deed, but subsequently obtains an interest in the realty, the estate will automatically transfer to the grantee.

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12
Q

Shelter Doctrine

A

One who takes from a BFP will stand in the shoes of the BFP and will prevail against any entity against which the transferor BFP would have prevailed in his own action.

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13
Q

Present Possessory Estates

A
  • Fee simple absolute
  • Fee simple determinable (possibility of reverter)
  • FS subject to condition subsequent (right of reentry)
  • FS subject to an executory interest
  • Life Estate
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14
Q

Future Interests in Grantor

A
  • Possibility of reverter
  • Right of Reentry
  • Reversion - grantor transfers something less than entire estate
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15
Q

Future interests in Third Parties

A
  • Vested Remainder
  • Contingent Remainder
  • Shifting Executory Interest - follows defeasible fee, cuts off someone other than original grantor
  • Springing Executory Interest - cuts off original grantor
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16
Q

Rule Against Perpetuities

A

Interest must vest not later than 21 years after some life in being at the creation of the interest. RAP applies fo:
* contingent remainders
* executory interests
* right of first refusal to purchase land
* class gifts
* powers of appointment

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17
Q

RAP applies to:

A
  • Contingent remainders
  • Executory interests
  • Options in gross
  • Class gifts
  • Powers of appointment
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18
Q

Creation of Joint Tenancy

A
  • Same Time
  • Same Title
  • Identical Interests
  • Right to Possess the whole
  • Express right of survivorship
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19
Q

Severance of Joint Tenancy

A
  • Transfer inter vivos
  • Not by will or by interstate
  • Mortgage: lien theory does not sever, title theory does sever
20
Q

Tenancy in Common

A
  • Equal right to occupy
  • Nonequal shares ok
  • Can sell, will, or inherit
  • No right of survivorship
  • Presumed where there are multiple owners
21
Q

Tenancy by the Entirety

A
  • Spouses only
  • Right to survivorship
  • Severed by death, divorce or agreement
22
Q

Types of Leasehold Tenancies

A
  • Tenancy of Years
  • Periodic Tenancy
  • Tenancy at Will
  • Tenancy at Sufferance
23
Q

Constructive Eviction

A
  • Substantial Interference with use and enjoyment of land
  • Notice given to Landlord
  • Tenant moves out
  • T can withhold entire rent
24
Q

Warranty of habitability

A
  • Residential leases only
  • Doesn’t meet bare living conditions
  • Move out - terminate lease
  • Reduce rent
  • Repair and get reimbursed
  • Remain and sue for damages
25
Q

Landlord’s tort liability for premises

A

Common Areas
Latent defects
Assumption of repairs
Public Use - inspect areas open to public
Short Term Rentals

26
Q

Types of Waste

A

Voluntary - decreases value
Permissive - neglect
Ameliorative - improvements

27
Q

Fixtures

A
28
Q

Assignment and Sublease

A

Assignment: entire interest, assignee owes rent to LL
Sublease: partial interest, sublessee owns rent to sublessor

29
Q

Creation of an Easement

A
  • Prescription (adverse possession but need not be exclusive)
  • Implication
  • Necessity
  • Grant (express in writing)
30
Q

Easement Created by Implication

A
  • Originally one parcel then severed
  • use existed prior to severance
  • reasonably necessary
31
Q

Easement Created by Necessity

A
  • Common ownership
  • Strictly necessary
  • No prior use required
32
Q

Termination of Easement

A

Estoppel (reliance that easement terminated)
Necessary ends
Destruction
Condemnation
Release
Abandonment with action
Merger of parcels
Prescription

33
Q

Real Covenants - Burden runs

A
  • Writing
  • Intent
  • Touch and Concern
  • Horizontal Privity
  • Vertical Privity
  • Notice
34
Q

Real Covenants - Benefit Runs

A
  • Writing
  • Intent
  • Touch and Concern
  • Vertical Privity
35
Q

Equitable servitude to Run

A
  • Writing
  • Intent
  • Touch and Concern
  • Notice
36
Q

Implied Reciprocal Servitude

A
  • Common plan or scheme
  • Notice
  • Writing not required
37
Q

Profits

A

Right to take resources from the land. Rules similar to easements

38
Q

License

A

Permission to use land. Not an interest in land. Terminates when licensor or licensee dies or when burdened land is transferred

39
Q

Water Rights

A
  • Riparian
  • Drain Surface Water
  • Ground Water
40
Q

Lateral and Subjacent Support

A
  • Natural State affected strict liability
  • Buildings affected - SL only if land in natural state would have subsided anyway. Otherwise negligence
41
Q

Zoning

A
  • For public health and safety
  • must be reasonable
  • Cumulative vs noncumualtive
  • Variance if undue hardship
  • Nonconforming use can be grandfathered in or subject to amortization
42
Q

Implied Promise of Marketable Title

A
  • Free from reasonable doubt and litigation
  • encumbrances, record chain of title, easement, use restrictions, zoning violation
43
Q

Specific Performance Remedy for Sale Contract of Land

A
  • Contract is valid
  • Plaintiff has satisfied contract conditions
  • Inadequate legal remedy
  • Mutuality of performance
  • Feasibility of enforcement
  • No defenses
44
Q

Life Estate

A
  • Pur Autre Vie - measured by someone else’s life
  • Can be defeasible
  • Conveyable - no more than what life tenant has
  • Duty not to commit waste
45
Q

Contingent Remainder

A

Created un unborn or unascertained persons, or
subject to a condition precedent

46
Q

Vested Remainder

A
  • Indefeasibly vested remainder
  • Subject to total defeasance (subject to condition subsequent
  • Subject to open (i.e., subject to diminution by birth of additional people)

Real Property (3 decks)

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