Rules Flashcards
True or False: Florida real property may be entailed.
FALSE. An attempt to create a fee tail creates a life estate in the first taker with the remainder per stirpes to that taker’s lineal descendants. If there are no remaindermen, or designated remaindermen, then to the original donor or her heirs.
With respect to mortgages, is Florida a Lien Theory or Title Theory state?
Lien. Florida holds mortgages as a lien on the property which means that the mortgagor (borrower) is treated as the owner of the real property interest, and the mortgagee (lender) is treated as the holder of a lien on that interest.
What is the effect of the Florida Slayer Statute?
If a joint tenant is convicted of intentionally killing another joint tenant, then the joint tenancy is severed. Absent a murder conviction, the unlawful, intentional killing may be proven by the greater weight of the evidence.
(This statute also applies to tenancies by the entirety.)
Fill in the blanks. A homeowners’ or condominium association lien is effective _________ . However, as to first mortgages of record, the lien is effective __________.
from the date when the original declaration of community was recorded; from the date the lien was recorded
NOTE: This applies to interests recorded after 7/1/08 (for HOAs) and 4/1/92 (for COAs).
Is a residential tenant excused from paying rent when a part of the premises is destroyed?
No. But, the residential tenant may vacate the part of the premises rendered unusable and his liability for rent is reduced by the fair rental value of the part destroyed.
B conveys an ambiguous interest in land to C (i.e., without words of limitation including “to C and heirs”). By default, what interest does C receive?
Fee Simple
What vested rights do riparian (i.e., river or lakefront) or littoral (i.e., oceanfront) owners have with respect to the water?
Riparian and littoral property rights include:
(1) the right of access to the water, including the right to have
the property’s contact with the water remain intact
(2) the right to use the water for navigational purposes
(3) the right to an unobstructed view of the water AND
(4) the right to receive accretions and relictions to the property.
These riparian or littoral rights are property rights that may be regulated by law, but may not be taken without just compensation and due process of law.
What may a landlord do when a tenant continues possession after the expiration of the rental agreement (i.e., “ holds over”)?
The landlord may (1) file an action for possession and collect double the rent due until the tenant surrenders possession, (2) recover possession when the tenant surrenders it, abandons the property, or dies leaving an unpaid rent balance.
Fill in the blanks. A residential landlord has _______ days to return any money and interest deposited by the tenant as security OR _______ days to provide the tenant with written notice by certified mail to the tenant’s last known address of the intention to impose, and reasons for imposing, a claim on the deposit. The tenant has _______ days to object.
15; 30; 15
True or False: Florida applies the doctrine of promissory estoppel to permit the enforcement of a land sales contract that did not comply with the requirements of the Statute of Frauds.
False
True or False: Florida created a statutory way of necessity exclusive of any common law right upon any land or portion of land that is used or sought to be used for a dwelling, agriculture, timber raising, or stock raising purposes that is shut off by lands, fencing, or improvements so that no practicable egress or ingress is available.
True. The easement may be used and maintained for persons, vehicles, stock, franchised cable television service, and utility service. Use of such lands for these purposes is not considered trespass and the party using the easement will not be liable for damages resulting from such use. And, the landowner is entitled to receive compensation for any easement so created.
True or False: Florida has statutorily abolished the Doctrine of Worthier Title.
TRUE: Words describing beneficiaries as “heirs, heirs at law, next of kin, distributees, relatives, family,” etc., do not create a reversionary interest in the transferor.
In Florida, if a property is divided into lots and a person adversely possesses one lot, does that person obtain title by constructive adverse possession to the other lots within the same tract?
No
When does adverse possession commence without color of title?
Property is held adversely if the possessor, without color of title:
- paid all outstanding taxes within one year of possession
- filed a description with the county appraiser within 30 days of paying those taxes AND
- subsequently paid all taxes for all remaining years necessary to establish a claim of adverse possession.
And property (not held under color of title) is ““possessed”” only when it has been
* protected by a substantial enclosure OR
* cultivated, maintained, or improved in a usual manner.
A person commits trespass if she occupies or attempts to occupy a residential structure solely by claim of adverse possession prior to filing the necessary document with the county appraiser. And she commits theft if she offers the property for lease to another.
What is the requirement for executing a deed in Florida?
Florida requires a deed to be signed in the presence of two subscribing witnesses (not applicable to leases of real property).
