Real Property (PQs rules) Flashcards
If the holder of a future interest in a property pays taxes on the property because the life estate holder fails to do so, what can the future interest holder recover?
Up to the reasonable rental value of the property.
What’s the difference between a right of entry and an executory interest?
Right of entry = grantor
Executory interest = third party
When can a promissory restraint on alienation (like the right of first refusal) be enforced? How is it enforced?
It can be enforced by injunction IF IT’S REASONABLE and complies with STATUTE OF FRAUDS
Does the RAP apply to a right of first refusal granted to a lessee in conjunction with a lease?
NOPE
Is an owner required to give notice before the timely termination of a tenancy for years?
No, it terminates automatically upon the expiration of the term.
What makes a tenant a tenant by sufferance?
When she remains on the premises after the termination of her lease.
NB: it’s NOT staying there after being told to leave, it’s overstaying one’s lease.
What is required for an easement by necessity?
Landlocked
Estates were once owned by same person
Necessity (landlocked-ness) arose at time property was severed
Is there a covenant of marketable title in a quitclaim deed?
Yes, ABSENT CONTRARY LANGUAGE, an implied covenant of marketable title is part of a land sales K, REGARDLESS of the TYPE of deed created.
Who bears the risk of loss of a property between the K and the closing?
What is the effect of casualty insurance?
The buyer bears the risk between K and closing.
If the seller has casualty insurance on the property, seller must give buyer credit in amount of insurance proceeds against the purchase price.
Are adverse possessors covered by recording statutes? Why’s that relevant?
NO. So a purchaser cannot argue that their title is superior to an adverse possessor’s simply because they recorded first.
What happens if a joint tenancy holder dies and devises her property to her heirs?
The heirs don’t get anything, you CANNOT DEVISE A JOINT TENANCY.
Right of survivorship means that upon death, the property goes to the other joint tenant(s).
What’s the difference between a private and a public nuisance?
Private: interference with another individual’s use or enjoyment of his property
Public: interference with health, safety, or property rights of the community. MUST SHOW DIFFERENT HARM THAN REST OF COMMUNITY
How much do recording acts protect donees (who received property as a gift, instead of as a buyer)?
Recording acts don’t protect SUBSEQUENT grantees who are donees when they fail to record.
They do protect ANY grantee (including donees) who record first.
Is an at-will tenancy terminable by only one party allowed?
Typically, no, it’s UNCONSCIONABLE to have an at-will tenancy terminable by one party only, specifically by the landlord.
What happens if the person taking minerals from under a person’s property damages the structure (house) on the property?
Mineral rights owner is STRICTLY LIABLE for any damage that occurs to existing structures on the land as a consequence of a cave in caused by removal of minerals.
IF STRUCTURE BUILT AFTER MINERAL RIGHTS TRANSFER: reasonable care all that’s required
Under the common law, what happens to any outstanding balance of a mortgage/other encumbrance on a property that has been devised?
Under the common law doctrine of exoneration of liens, the devisee of real property is entitled to have any outstanding balance of an encumbrance/mortgage paid from remaining assets of estate.
NB: most places have abolished this by statute.
Are plants on a property real or personal property?
If wild, real property.
If planted there, personal property of planter.
