Review of MBE subjects -- property

Question 1

Rule of Destructibility of Contingent Remainders

Answer 1

At CL, any remainder that was still contingent at the time the previous estate ended was destroyed. Now, reverts to O or heirs, who hold subject to a springing executory interest.

Question 2

Rule in Shelley’s Case

Answer 2

At CL, a grant of LE to A, then remainder to A’s heirs, created a FSA in A. This was to promote alienability. Not recognized in most places anymore.

Question 3

Doctrine of Worthier Title

Answer 3

At CL (and still in most states today), a grant of an LE from O to A, then remainder to O’s heirs, just creates a reversion in O (not a remainder to O’s heirs).

This is a rule of construction, not of law– so grantor can express his contrary intent.

(Remember this because 0 – A – A’s heirs is Shelley’s Case, but O – A – O’s heirs is DWT. More O’s in the grant and in the doctrine’s name (doctrine, worthier).)

**DOES NOT APPLY IN MA

Question 4

Under the CL RAP, a class gift that is invalid as to any class member is

Answer 4

void. Bad as to one, bad as to all.

Question 5

The cy pres doctrine is embraced

Answer 5

by USRAP

Question 6

Is a joint tenancy alienable, descendible, and devisable?

Answer 6

Alienable (though one party selling will terminate the joint tenancy), NOT descendible or devisable.

Question 7

Four unities are

Answer 7

T-TIP: time, title, interest, possess

take at same time
by same title (i.e. instrument)
with identical interests, and
right to possess the whole

Question 8

Act of entering into a K to sell your share of a joint tenancy will

Answer 8

sever the JT as to your interest. (equitable conversion – equitable title is with buyer from moment of K)

Question 9

For the purposes of the MBE, a tenancy by the entirety arises _______.

For the purposes of MA essays, a TBE arises _______.

Answer 9

presumptively in a grant to married couple.

only if the grant explicitly says TBE. Will presume a grant to a married couple is a tenancy in common.

Question 10

in MA, a creditor of one spouse can encumber what part of the TBE?

Answer 10

That spouse’s share, BUT can’t defeat the right of survivorship or encumber other spouse’s interest.

Question 11

An attempt to unilaterally convey your half of a TBE is

Answer 11

void.

Question 12

if landlord notifies tenant of a rent increase, and tenant holds over past her lease end, the terms of the new lease

Answer 12

will be the new rent price – EVEN IF tenant objected to the increase or said she wouldn’t pay it.

Question 13

A periodic tenancy is known in MA as a

Answer 13

tenancy at will.

Question 14

if a tenancy is from year to year (or greater), you must provide how much notice to terminate it?

Answer 14

at least 6 months, unless terms of lease say otherwise.

Question 15

If a licensee is injured while visiting a tenant, the tenant is

Answer 15

liable, even if the landlord promised to make repairs. (She may, however, be able to seek indemnification from the landlord.)

Question 16

If a lease is silent about making repairs, the obligation is

Answer 16

the tenant’s, to maintain premises and make ordinary repairs. Tenants cannot commit waste.

Question 17

If a tenant is going to remove a fixture, when must she do so?

Answer 17

Before the lease ends, otherwise the fixture becomes the landlord’s property.

Question 18

Constructive annexation occurs when

Answer 18

an item that is so closely connected with realty that it’s treated like a fixture, even though it’s not actually annexed to the realty.

Question 19

Trade fixtures are

Answer 19

Usually removable, as long as not an integral part of the premises and tenant pays for any damage caused by removal.

Question 20

Elements of constructive eviction are

Answer 20

SING:

substantial interference
notice (given to L)
get out (tenant leaves when L doesn't fix problem)

Question 21

MBE: implied warranty of habitability applies to

Answer 21

residential leases only.

Question 22

MA: implied warranty of habitability applies to

Answer 22

residential and commercial leases.

Question 23

If a landlord allows assignment or sublease once, in violation of lease terms, he

Answer 23

has waived right to object to future transfers by that tenant, unless he reserves the right.

Question 24

Caveat lessee is the

Answer 24

baseline norm on the MBE (not in MA).

Question 25

Exceptions to caveat lessee on MBE are

Answer 25

CLAPS (tenant “claps” when she finds out about these exceptions):

• -common areas
• -latent defects (of which L knows or should know) – duty to warn but not to repair at CL
• -assumption of repairs – if L makes repairs, can’t do so negligently
• -public use (L who leases public space and should know b/c of nature of defect and short-term nature of lease that T won’t repair)
• -short-term leases of furnished dwellings

Question 26

Negative easements are generally recognized in these categories:

Answer 26

light, air, support, streamwater from artificial flow (and in some cases, scenic view)

Question 27

Negative easements can be created

Answer 27

only expressly, in signed writing

Question 28

An appurtenant easement passes

Answer 28

automatically with the dominant (benefited) tenement

automatically with the servient (burdened) tenement, unless the buyer is a BFP without notice of the easement.(constructive notice counts as notice)

Question 29

One should record an easement

Answer 29

on the burdened tenement, so that the person with the benefit is protected against future buyers taking the burdened tenement without notice of the easement.

Question 30

Easements in gross are transferable

Answer 30

only if they are for commercial purposes.

Question 31

An easement by implication is created when

Answer 31

previous use was apparent, and parties expected it would continue because it was reasonably necessary to the dominant parcel’s use (think: hookup to sewer drain)

Question 32

A party’s subjective knowledge of an easement’s existence is _____________ when determining whether there is an easement by implication.

Answer 32

irrelevant; as long as the easement was apparent and reasonably necessary to dominant tenement’s use, it doesn’t matter whether the party taking the property knew the easement existed or not.

Question 33

Nonuse of an easement

Answer 33

is not enough to end it. Must demonstrate by physical action that you don’t intend to use the easement again.

Question 34

A license is

Answer 34

freely revocable unless estoppel applies.

Question 35

An attempt to create an oral easement will

Answer 35

create a freely revocable license instead.

Question 36

When will the burden of a real covenant run?

Answer 36

WITHN: writing, intent to bind successors, touch and concern the land, horizontal and vertical privity, notice (successor had notice when she took)

Question 37

Notice is NOT needed for the burden of a real covenant to run if

Answer 37

the person whose estate is burdened is a donee.

Question 38

When will the benefit of a real covenant run?

Answer 38

WITV: writing, intent to bind successors, touch and concern, vertical privity

Question 39

When will an equitable servitude run with the land?

Answer 39

WITN: writing, intent to bind, touch and concern, notice

**Privity is NOT required for an equitable servitude to run.

Question 40

MBE only: A covenant contained in a subdivision deed can be enforced, under the general scheme doctrine, by

Answer 40

any neighbor in the subdivision (this is an equitable servitude, so doesn’t have to be privity)

Question 41

If surrounding developments have meant that no lots in a subdivision are suitable for residential development anymore, ________________, but if some still are, _____________.

Answer 41

the changed conditions doctrine means that covenants may be voided; the covenants will not be voided. Whole area must have become incompatible with residential development.

Question 42

If O has a disability that begins after A’s adverse possession commences, O is

Answer 42

out of luck. A can still adversely possess.

Question 43

Implied promises in every land contract are

Answer 43

seller will provide marketable title at closing; seller will not make any false statements of material fact (or material omissions)

Question 44

There are no implied warranties of fitness or habitability in land Ks, unless

Answer 44

it’s a sale by a seller-builder – then there’s an implied warranty of fitness & workmanlike construction.

Question 45

Deed must contain

Answer 45

words of grantor’s intent, signature of grantee, ID of parties, description of land.

Question 46

If identity of grantee is left blank when deed is delivered, courts will

Answer 46

presume that grantee has the authority to add that in.

Question 47

If grantor has present intent to be bound, but does not handover a deed, the deed has

Answer 47

been delivered. (Even if, e.g., delivery to third party saying: “give this to X when I die.” That still signals a present intent to create a future interest, so delivery requirement is met.)

Question 48

If deed is delivered with an oral condition,

Answer 48

the oral condition drops out and terms of deed govern.

Question 49

A wild deed is a deed that’s

Answer 49

untethered to the chain of title and thus incapable of providing record notice.

Question 50

If buyer of property assumes the mortgage, who is personally liable on the mortgage?

Answer 50

Both buyer and original mortgagor – buyer primarily, original mortgagor secondarily.

Question 51

If buyer of property does not assume the mortgage but takes subject to it, who is personally liable on the mortgage?

Answer 51

Only the original mortgagor – but mortgagee can still foreclose on the land if he doesn’t pay.

Question 52

A debtor may/may not waive the right to redeem land after default?

Answer 52

May not.