RP rule statements

Question 1

Theory of constructive eviction

Answer 1

When a landlord substantially interferes with the tenant’s use and enjoyment of the property by breaching a duty to the tenant, the tenant’s obligation to pay rent may be excused under the theory of constructive eviction

Question 2

How to end lease early bc of constructive eviction

Answer 2

To end a lease before the end of its term by constructive eviction, the landlord must have breached a duty, which caused the loss of the substantial use and enjoyment of the premises, the tenant must give the landlord notice of the problem and reasonable opportunity to cure, and tenant must vacate the property within a reasonable period of time

Question 3

Acts that don’t amount to constructive eviction

Answer 3

Temporary or de minimis acts generally do not amount to constructive eviction

Question 4

Duty to repair under CL

Answer 4

Under common law, there was no implied duty on the part of the landlord to repair leased premises

Question 5

Warranty of fitness/suitability

Answer 5

A warranty of fitness or suitability is implied in a contract for the sale of a newly constructed residence.

Question 6

Implied duty to repair

modern standard

Answer 6

The majority of jurisdictions today enforce an implied duty upon the landlord to repair under a residential lease, even when the lease attempts to place the burden on the tenant, except for damages caused by the tenant

Question 7

Implied duty to repair and commercial leases

Answer 7

Courts are reluctant to imply a landlord’s duty to repair in commercial leases because the implied warranty of habitability does not apply in commercial leases.

Question 8

When does termination of a lease occur

Answer 8

Termination of a lease occurs automatically upon the expiration of the term.

Question 9

When does a lease end before the expiration of the term

Answer 9

Termination may occur before the expiration of a term when the tenant surrenders the leasehold, and the landlord accepts the return of the leasehold

Question 10

What happens if a tenant abandons the leasehold without justification

Answer 10

When the tenant abandons the leasehold without justification, the landlord may treat the abandonment as an offer of surrender and could accept that surrender by retaking the premises.

Question 11

Landlord’s option when tenant tries to terminate lease early

Answer 11

When a tenant abandons the leasehold, the landlord may treat the abandonment as an offer of surrender and accept such surrender, or the landlord may attempt to re rent the premises on the tenant’s behalf and hold the tenant liable for any deficiency

Question 12

Landlord’s duty to mitigate damages

Answer 12

The majority of jurisdictions require a landlord to mitigate damages by attempting to re-rent the premises in the event that the tenant abandons the property and breaches the lease.

Question 13

Doctrine of anticipatory breach and leases

Answer 13

The doctrine of anticipatory repudiation does not apply to leases. While the landlord may sue the tenant for rent as it becomes due, a landlord may not sue for future rent under the lease.

Question 14

What does a grantor of a general warranty deed guarantee

Answer 14

The grantor of a general warranty deed guarantees that he holds 6 covenants of title, three of which are present covenants.

Question 15

3 covenants of present title

Answer 15

The three present covenants of title are the covenant of seisin, the covenant of the right to convey, and the covenant against encumbrances

Question 16

Covenant against encumbrances

Answer 16

The covenant against encumbrances guarantees that the deed contains no undisclosed encumbrances.

Question 17

When does a breach of covenant against encumbrances occur

Answer 17

A breach of the covenant against encumbrances occurs when a property is encumbered by a mortgage, lease, easement, or covenant not specified in the deed

Question 18

Majority rule on breach of covenant against encumbrance

Answer 18

In most states, a breach of the covenant against encumbrances occurs even if the grantee is aware of the encumbrance.

Question 19

Minority approach to breach of covenant against encumbrances

Answer 19

Some states do not recognize a breach if the grantee had knowledge of the encumbrance, if it was visible, or if it benefitted the land.

Question 20

What can a buyer recover for breach of convenant against encumbrances

Answer 20

A buyer can recover for breach of the covenant against encumbrances either the difference in value between title with and without the defect, or the cost of removing the encumbrance, whichever is less.

Question 21

fee simple determinable

Answer 21

A fee simple determinable is limited by specific durational language (e.g., so long as, until)

Question 22

termination of a FSD

Answer 22

A fee simple determinable terminates automatically upon the happening of a stated condition

Question 23

FI associated with a FSD

Answer 23

A grantor retains a possibility of reverter

Question 24

Fee simple subject to a condition subsequent

Answer 24

A fee simple subject to a condition subsequent is limited in duration by specific conditional language (provided that, but if)

Question 25

Termination of FSSCS

Answer 25

Upon the occurrence of the stated condition, FSSCS will terminate only if the grantor affirmatively demonstrates an intent to terminate.

Question 26

FI associated with a FSSCS

Answer 26

The grantor must explicitly retain the right to terminate the fee simple subject to a condition subsequent in the conveyance. The future interest is called the right to reenter

Question 27

What if it’s not clear whether a conveyance is FSD or FSSCS?

Answer 27

When terms of a conveyance are ambiguous, courts typically adopt a preference for a FSSCS.

Question 28

What if court implies a FSSCS but there is no forfeiture provision?

Answer 28

Court may chose to imply a forfeiture provision or not. If they imply a forfeiture provision, grantor and their successor must make a demand. If they don’t imply one, the grantee has a fee simple absolutel

Question 29

majority view on survivorship contingencies

Answer 29

The majority view is that a survivorship contingency applies at the termination of the interests that precede distribution of the remainder

Question 30

minority view on survivorship contingencies in life tenancies

Answer 30

The minority view interprets a survivorship contingency to require surviving only the testator and not the life tenant.

Question 31

General rule on assigning leases

Answer 31

Absent language to the contrary, a lease can be freely assigned

Question 32

What if a lease prohibits T from assigning lease

Answer 32

When a lease prohibits the tenant from assigning the lease, the tenant may nevertheless assign the premises. However, the landlord can then terminate the lease for breach of one of its covenants and recover any damages.

Question 33

What if a lease prevents assignment w/o L permission and is silent as to the standard for L exercising that permsision

Answer 33

When a lease prevents assignment without the permission of the landlord, and the lease is silent as to a standard for exercising that permission, the majority approach imposes a requirement that the landlord may withhold permission only on a reasonable ground in relation to the property being leased and not on a whim or personal prejudice.

Question 34

Traditional rule for L exercising discretion over assignments

Answer 34

The traditional rule is that the landlord may withold permission at his discretion

diff from maj rule

Question 35

Tenancy for years

Answer 35

A tenancy for years is an estate measured by a fixed and ascertainable amount of time

Question 36

How may a termination of tenancy for years occur

Answer 36

Termination of a tenancy for years may occur before the expiration of the term, such as when the tenant surrenders the leasehold.

Question 37

when does a tenant surrender the lease

Answer 37

A tenant surrenders a lease by offering to return the lease to the landlord and the landlord accepting the return

Question 38

What if the landlord accepts the surrender of the lease

Answer 38

If the landlord accepts surrender, the lease is terminated and the tenant is not obligated for future rent

Question 39

What if the landlord does not accept surrender of the lease

Answer 39

If the landlord does not accept the tenant’s surrender of the lease (e.g., notifies the tenant as such), they retain the right to continue to enforce the lease, which means the tenant is obligated to continue paying rent

Question 40

What is a nonconforming use post-zoning change

Answer 40

When a zoning ordinance is enacted or modified, there are often properties within a zone that do not conform to the requirements for that zone – i.e., nonconforming use

Question 41

General rule about making provisions for property with an existing nonconforming use

Answer 41

A zoning ordinance must generally make provisions for property with an existing nonconforming use

Question 42

Test for whether a nonconforming use is protected by grandfather provision

Answer 42

Unless the ordinance provides otherwise, the time for testing whether the nonconforming use is protected by a grandfather provision is the date the zoning ordinance takes effect.

Question 43

Increasing nonconforming use if you’re grandfathered in

Answer 43

Generally, a property owner whose nonconforming use has been grandfathered in is not entitled to subsequently increase the nonconforming use, such as by enlarging a building that houses a nonconforming use or acquiring and developing adjacent property in accord with the nonconforming use

Question 44

Can a nonconforming use be increased in frequency?

Answer 44

An owner may be permitted to increase the frequency of nonconforming use to upgrade the means to accomplish the nonconforming use, so long as the nature and character of the use does not constitute a substantial change.

Question 45

mortgage definition

Answer 45

A mortgage is an interest in real property that serves as a security for an obligation.

Question 46

Future advance mortgage definition

Answer 46

A future advances mortgage is a mortgage given by a borrower in exchange for the right to receive money from the lender in the future

Question 47

What are future advance mortgages used for

Answer 47

Future advance mortgages are generally used for home-equity, construction, business, and commercial loans

Question 48

What provisions can future advance mortgages have

Answer 48

Future advance mortgages can provide for obligatory advances or optional advances.

Question 49

Basic rule for determining priority of interests on property

Answer 49

If there is more than one interest in property, the basic “first in time, first in right” rule is applied to determine the priority of interests.

Question 50

Exception for first in time first in right with regard to future advance mortgages.

Answer 50

The first in time first in right rule is subject to an exception for future advance mortgages. If the advances under this kind of mortgage are optional, a subsequent mortgage has priority over amounts that are actually loaned after the future advances mortgagee has notice of the subsequent mortgage

Question 51

majority rule on notice, future advance mortgages, and priorty

Answer 51

In a majority of states, the mortgagee must have actual notice of a subsequent interest in order for later loan disbursements to lose priority.

Question 52

minority rule on notice, future advance mortgages, and priorty

Answer 52

The minority rule requires constructive notice of a subsequent interest.

Question 53

General rule statement for general warranty deed

no pun intended

Answer 53

The grantor of a general warranty deed guarantees that he holds six covenants of title – three future covenants, and three present covenants.

Question 54

What are the three present covenants of title

Answer 54

The three present covenants are the covenant of seisin, the covenant of the right to convey, and the covenant against encumbrances.

Question 55

Easement in gross

Answer 55

An easement is in gross if it is granted to benefit a particular person or entity (as opposed to the land)

Question 56

When does an express easement by grant arise

Answer 56

An express easement by grant arises when it is affirmatively created by the parties in a writing that satisfies the requirements for a deed.

Question 57

What if a written easement is granted but not recorded

Answer 57

If a written easement is granted, but not recorded against the servient estate, then the easement is not enforceable against a bona fide purchaser

Question 58

What if an easement in gross is recorded

Answer 58

If an easement in gross is recorded, then the burden of the easement is transferred automatically with the transfer of the servient estate

Question 59

What does the warranty of fitness/suitability provide

Answer 59

Under this type of warranty, the seller warrants that he used adequate materials and good workmanship in working on the residence.

Question 60

What does the implied warranty of fitness/suitability cover the buyer for

Answer 60

The implied warranty generally covers latent construction defects, such as a defective electrical, plumbing, or mechanical system, or a leaky roof or drainage problem that does not manifest itself until after the sale

Question 61

What are the damages for a breach of implied warranty of fitness/suitability

Answer 61

Damages are generally based on the cost of repairs to bring the residence into compliance with the warranty

Question 62

Termination of easements

Answer 62

easements can terminate by written release, prescription, estoppel, condemnation, and abandonment.

Question 63

what is not sufficient to terminate an easement

Answer 63

neither a statement of an intent to abandon, nor non use alone can extinguish an easement absent affirmative conduct

Question 64

Terminating an easement by abandonment

Answer 64

an easement can only be terminated based on a theory of abandonment if the owner of the easement acts in an affirmative way that clearly shows intent to relinquish the easement right

Question 65

rule to determine priorities in the absence of a recording act

Answer 65

unless a recording act governs, the common law rule of first in time, first in right generally applies to determine priorities in land.

Question 66

purpose of notice statute

Answer 66

a notice statute tends to protect subsequent pruchasers against interest holders who could have, but failed to record documents describing their interest.

Question 67

How can notice arise

Answer 67

notice can be actual, by inquiry, or constructive

Question 68

wild deeds

Answer 68

a recorded deed that is not within the chain of title is a wild deed. Thus, it will not show up in a grantor-grantee index

Question 69

inquiry notice

Answer 69

A grantee has inquiry notice if a reasonable investigation would have disclosed the existence of prior claims. A grantee with inquiry notice cannot prevail against prior claims

Question 70

Does taking a quitclaim deed create inquiry notice?

Answer 70

In most states, taking a quitclaim deed does not itself create inquiry notice

Question 71

tenancy in common

Answer 71

A tenancy in common is any tenancy with two or more grantees with equal rights to posses or use the property, but no right of survivorship.

Question 72

Joint tenancy

Answer 72

A joint tenancy exists when two or more persons own property with the right of survivorship

Question 73

creation of a joint tenancy

Answer 73

A joint tenancy must be created (i) with each joint tenant having equal right to possess or use the property, (ii) with equal interests, (iii) at the same time, (iv) and in the same instrument.

PITT