Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Land sale contract

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Mortgages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Mortgages Foreclosure

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Deed Requirements

A
  • Parties
  • In writing and signed by grantor
  • describes land
  • words of intent
  • no consideration required
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Bona Fide Purchasers

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Future Interests in Grantor

A
  • Possibility of reverter
  • Right of Reentry
  • Reversion - grantor transfers something less than entire estate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

RAP applies to:

A
  • Contingent remainders
  • Executory interests
  • Options in gross
  • Class gifts
  • Powers of appointment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Creation of Joint Tenancy

A
  • Same Time
  • Same Title
  • Identical Interests
  • Right to Possess the whole
  • Express right of survivorship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions