Set 1

Question 1

FS determinable

Answer 1

Limited by specific durational language (e.g., “so long as,” “while,” “during,” “until”); Grantor (or his successor in interest) retains possibility of reverter

Question 2

FS subject to condition subsequent

Answer 2

limited by specific conditional language (e.g., “upon condition that,” “provided that,” “but if,” or “if it happens that”); grantor must specifically retain right to reenter

Question 3

FS subject to executory interest/limitation

Answer 3

limited by specific durational or conditional language; automatically terminates upon happening of stated event, and title passes to a
third party; future interest: executory interest held by the third party

Question 4

Life estate

Answer 4

present possessory estate fully transferable during measuring life; if measured by the grantee’s life, not devisable/descendible

Question 5

Affirmative Waste

Answer 5

Occurs when overt conduct causes a decrease in property value

Holder of a vested future interest—may bring suit against LT for damages

Holder of any future interest—may bring suit against LT for injunction

Question 6

Permissive Waste

Answer 6

Occurs when LT permits the premises to deteriorate through neglect, failure
to preserve, or a failure to reasonably protect the property

LT must make reasonable repairs (up to amount of income produced by property or, if LT is in actual possession, the fair rental value)

Question 7

Ameliorative Waste

Answer 7

Occurs when a change in use of the property increases its value

LT may alter structures on property when a substantial and permanent change in the
neighborhood is necessary to continue reasonable use of property if value not diminished.

Question 8

Vested subject to open (class gift)

Answer 8

If at least one class member is qualified to take possession at conveyance (but less than all of them), each class member’s share is subject to partial diminution.

Question 9

Contingent Remainder

Answer 9

created in an unascertainable grantee or subject to express condition precedent to grantee’s taking

Question 10

Executory Interest

Answer 10

Future interest in a third party (not a remainder) that cuts prior estate short upon occurrence of specified condition.

Springing = cuts short a prior estate
Shifting = divests the grantor’s interest or fills a gap in possession

Question 11

RAP

Answer 11

Specific future interests are valid only if they vest or fail by end of a life in being plus 21 years; applies to contingent remainders, options, rights of first refusal, executory interests, and subject to open remainders (CORES)

Question 12

Rule of Conveniance

Answer 12

can operate to prevent application of RAP to a class transfer

Exceptions: transfers of specific dollar amount to each class member; transfers to subclass that vests at a specific time

Question 13

Tenancy in common

Answer 13

Two or more grantees with unity of possession; each co-tenant holds undivided interest with unrestricted rights to possess whole; no right of survivorship

Question 14

Joint tenancy

Answer 14

title, time, interest, possession (T-TIP)

severance = converts a JT into a TC; mortgage severs JT under title theory, but not under lien theory

sale = don’t need consent; severs JT as to seller, but JT of non-transferors remains
intact.

Question 15

Co-Tenant - Rent

Answer 15

Each co-T has right to possess entire property and is generally not required to pay rent when other co-Ts do not use the property

Co-T is liable to other co-Ts for third-party rents (after deducting operating expenses and necessary repairs)

Question 16

Co-Tenant - Expenses

Answer 16

Co-T can only compel other co-Ts to share expenses for repairs if (i) the repairs are
necessary, and (ii) the co-T seeks accounting or partition.

Question 17

Co-Tenant - Contribution

Answer 17

Co-T can collect contribution from other co-Ts for operating expenses, but if in sole possession, only if they exceed the rental value of the property.

Co-T has no right to reimbursement for improvements (except contribution/partition)

Question 18

Co-Tenant - Fair Dealing

Answer 18

Co-T owes duty of fair dealing to other co-Ts, but generally does not owe fiduciary duties

Exception: co-T buys the property at a tax or foreclosure sale (other co-Ts can buy back their interests within reasonable time)

Question 19

FHA

Answer 19

Owner-occupied buildings with no more than four units (including the owner’s unit) and single-family homes sold or rented without a broker are generally not subject to FHA (but are subject to advertising rules).

Question 20

Tenancy for Years

Answer 20

any fixed period of time; automatically terminates at end of term (no notice needed; if term longer than one year, SOF applies

Question 21

Periodic tenancy

Answer 21

Repetitive, ongoing estate by set periods of time with no predetermined termination date; automatically renews at end of each period unless valid termination notice

Termination notice—must be given before last period begins; late notice effective for next period; generally effective as of last day of period; oral notice sufficient under common law, but most states now require some writing.

Question 22

Tenancy at will

Answer 22

does not have specific term; continues as long as L and T want

Question 23

Tenancy at sufferance (holdover tenancy)

Answer 23

T wrongfully remains in possession after expiration of lease; T bound by lease terms before expiration.

Question 24

Duties of Tenant

Answer 24

pay rent and avoid waste

Repair—non-residential leases, T may be contractually liable for all damage to property.

Question 25

Landlord remedies for Tenant breach - Failure to pay rent

Answer 25

Failure to pay rent—(majority) L can sue for damages and evict and terminate lease (could not evict or terminate lease at CL)

Question 26

Landlord remedies for Tenant breach - Future Rent

Answer 26

Future rent: no anticipatory repudiation in most states; where AR applies, damages limited to difference between future rent under lease and either (i) reasonable rental value or (ii) actual rent collected from re-letting

Question 27

Landlord remedies for Tenant breach - Late Rent

Answer 27

Late rent—L entitled to damages; whether L can sue to remove depends on if breach material or L waived right to evict by accepting late rent

Question 28

Landlord remedies for Tenant Breach - Abandonment

Answer 28

Abandonment—treated as offer to surrender rights under the lease. L accepts surrender—lease terminates and T liability for future rent ends L rejects surrender—T remains liable for rent, but under majority rule, L has duty to mitigate damages

Question 29

Duties of Landlord

Answer 29

deliver possession, repair, warranty of habitability (residential), Covenant of quiet enjoyment (commercial and residential)

Question 30

Constructive Eviction - Covenant of Quiet Enjoyment

Answer 30

substantial interference caused by L’s actions or failure to act, T must give notice of problem, L fails to respond, and T must vacate premises within reasonable time after L fails to fix problem

Question 31

Actual Eviction

Answer 31

L excludes T from premises = lease is terminated and T’s obligation to pay rent ends

Question 32

Partial Eviction

Answer 32

T excused from paying rent, but must pay reasonable rental value if partial eviction by third party with superior claim; T not excused from paying rent for partial eviction by adverse possessor/trespasser

Question 33

Tort Liability - Tenant

Answer 33

duty of care to invitees/licensees/foreseeable trespassers and may be liable for dangerous conditions/activities

Question 34

Tort Liability - Landlord

Answer 34

CL—liable for injuries in common/public areas, non-common areas under L’s control, or hidden defect/faulty repair by L or L’s agent Modern Trend —general duty of reasonable care; liability for defects prior to T’s occupancy, failure to make required repairs, and criminal activities of third parties who injure Ts

Question 35

Assignment

Answer 35

complete transfer of T’s remaining lease term; landlord can collect rent from tenant and subsequent tenant

Question 36

Sublease

Answer 36

any transfer for less than the entire duration of lease; landlord can collect rent from tenant

Question 37

Landlord Assignment

Answer 37

Generally, L may assign lease rights to a third party, but remains liable to T for lease covenants.

Question 38

Limitations for Assignment

Answer 38

T can assign/sublet if lease prohibits, but L can terminate for breach and recover damages. L can only withhold permission to grant assignment or sublease on reasonable grounds in relationship to the property being leased and not on a whim or personal prejudice

Question 39

Land Sale Contract - Formalities

Answer 39

must be in writing, signed by the party to be charged, and contain all of the essential terms (parties, property description, terms of price/payment).

Question 40

Land Sale Contract - Marketable Title

Answer 40

Title free from defects or unreasonable risk of litigation. A buyer may waive the right to have marketable title.

Question 41

Land Sale Contract - Duty to Disclose

Answer 41

seller must disclose all known material physical defects not readily observable

Question 42

Land Sale Contract - Merger

Answer 42

obligations merge into deed upon delivery, unless obligations independent of conveyance

Question 43

Land Sale Contract - Remedy for Breach

Answer 43

difference between K price and market value

Question 44

Land Sale Contract - Equitable Conversion

Answer 44

Seller's interest converted by contract into interest in proceeds of sale, not in RP; once contract is signed, buyer is owner of land, subject to paying purchase price at closing. But in interim between contract and closing, buyer bears risk of loss if land is destroyed. There is an exception when the loss is attributable to the intentional or negligent acts of the seller. If the seller dies = bare legal title passes to takers of real property, but they must give up title to buyer when the contract closes; when purchase price is paid, money passes as personal property to those taking seller’s personal property. If the buyer dies = the taker of his real property can demand a conveyance of land at closing.

Question 45

Adverse Possession

Answer 45

Continuous - through statutory period (20 years at CL); seasonal use okay if consistent with type of property. Open and Notorious—use must be such that it would put reasonable true owner on notice. Actual—actual entry; but if only actually possess portion of property, constructive AP gives title to whole Hostile—possession without owner’s permission; majority rule ignores the adverse possessor’s state of mind; minority rule inquires into adverse possessor’s state of mind (good faith based on mistake; bad faith (knows land is not hers)). Exclusive—possession cannot be shared with true owner

Question 46

Delivery Deed

Answer 46

At time of transfer, grantor must intend to make present transfer of property interest to grantee; execution and recording—creates rebuttable presumption the deed is presently operative. Parol evidence is admissible to show grantor lacks such intent. However, when the grantor transfers deed to grantee subject to a condition not appearing in deed (e.g., an oral condition), parol evidence is not admissible and condition not enforceable.

Question 47

Deed Requirements

Answer 47

Identified parties Grantor’s signature Words of transfer Reasonably definite property description (extrinsic evidence admissible)

Question 48

Recording Act - Notice

Answer 48

BFP (purchaser for value without notice) of prior interest prevails over prior grantee who failed to record

Question 49

Recording Act - Race

Answer 49

First to record prevails

Question 50

Recording Act - Race Notice

Answer 50

Subsequent BFP protected only if he takes without notice and is first to record

Question 51

Types of Notice

Answer 51

Constructive—properly recorded and appears in chain of title. Inquiry—if reasonable investigation would disclose prior claims. Actual—a grantee with actual, personal knowledge of prior interest

Question 52

Mortgage

Answer 52

an interest in RP that serves as security for an obligation ``` Lien theory (majority)—debtor/mortgagor has title and right to possession until foreclosure, creditor/mortgagee has lien and right to land default occurs. ``` If promissory note is transferred without the mortgage = mortgage is treated as having been transferred under principle mortgage follows the note.

Question 53

Mortgagor’s liability

Answer 53

If transferee assumes mortgage, then borrower is secondarily liable. Borrower may be relieved of liability if lender impairs borrower’s right of recourse against transferee by: (i) modifying loan terms, (ii) releasing transferee of liability; or if lender releases or impairs the RP subject to the mortgage

Question 54

Transferee Liability

Answer 54

If transferee assumes mortgage, transferee is personally liable for mortgage obligation If transferee takes RP “subject to” mortgage, then transferee is not personally liable upon default (but RP may be sold at a foreclosure sale)

Question 55

Pre-foreclosure rights and duties

Answer 55

Lien theory state—mortgagee cannot take possession before foreclosure title theory state—mortgagee theoretically entitled to possession at any time (but typically cannot take possession until default by mortgage terms). Mortgagor has duty not to commit waste Equity of redemption—after default but before foreclosure sale, mortgagor may regain title by paying amount of loan obligation currently owed, plus interest;

Question 56

Foreclosure

Answer 56

mortgagee takes RP when mortgagor defaults (i.e., no payment) Priority: if two+ mortgages, foreclosure terminates junior interest and has no effect on senior; purchase-money mortgage (PMM) exception—mortgage used to purchase RP generally has priority over others.

Question 57

Easement Scope

Answer 57

An easement’s scope is determined by the terms or conditions that created it. In interpreting the easement’s scope, courts will consider the reasonable intent of the parties.

Question 58

Express Easement

Answer 58

affirmatively created by parties in writing that satisfies SoF

Question 59

Easement appurtenant

Answer 59

An easement appurtenant is a nonpossessory right to use someone else’s land (the servient estate) in a way that directly benefits the holder’s own possession of the land (the dominant estate). An easement appurtenant cannot be used for the benefit of property other than the dominant estate.

Question 60

Easement by Necessity

Answer 60

created when the dominant property is useless without an easement’s benefit across the neighboring servient property.

Question 61

Easement by Implication

Answer 61

created if: (1) prior to the division of a single tract, (2) an apparent and continuous use exists on the servient parcel, (3) that is reasonably necessary to the dominant parcel’s use and enjoyment, and (4) parties intended the easement to continue upon the sale of the dominant parcel. Exceptions. subdivision plot (lots in a subdivision are sold with reference to a map plan) or (2) profit a prendre (holder passes over land’s surface as reasonably necessary to extract materials).

Question 62

Easement by Prescription

Answer 62

created like adverse possession (continuous, actual, open, and hostile for the specific period), except there is no exclusivity requirement.

Question 63

Negative Easement

Answer 63

entitles the holder to prevent the servient landowner from engaging in permissible actions relating to light, air, support, or stream of water from an artificial flow. A negative easement can only be created by express grant (writing signed by grantor).

Question 64

Termination of Easement

Answer 64

Condemned! Why? Bad Mine Condemned, written release, bona fide purchaser of servient estate without notice of easement, abandonment, destruction of express purpose, merger of dominant and servient estate, interference with easement covering period for adverse possession, necessity ends, or estoppel (when owner materially changes position in reasonable reliance on easement holder’s promise to no longer enforce the easement.) expanded use is not an independent ground for termination of an easement.

Question 65

Easement - Duty to Maintain

Answer 65

easement owner has right and duty to maintain easement; may seek contribution from co-owners of easement after notice and opportunity to participate in repair decisions

Question 66

License

Answer 66

Privilege to enter another’s land; freely revocable unless estoppel; invalid oral easements create license

Question 67

Covenant Running with Land

Answer 67

Writing—must comply with SoF to be enforced as real covenant Intent—rights/duties to run with land through explicit language or implied from totality of circumstances Touch/concern—benefit or burden must affect promisee/promisor as owners of land (negative covenants—run with the land if they restrict the owner’s use or enjoyment of the land; affirmative covenants—run with the land if they require the owner to do something related to the use and enjoyment of the land) Notice (burden only)—must be constructive or actual Horizontal privity—(burden only) when estate and covenant in same instrument Vertical privity—(covenant based on mutual/successive interest in land burdened/benefited by covenant)

Question 68

Equitable Servitude

Answer 68

Writing, Intent, Touch and Concern (no privity, notice (actual, record, or inquiry)

Question 69

Implied reciprocal servitude

Answer 69

Intent to create servitude on all plots (common scheme); no writing required Negative servitude (promise to refrain from doing something) Notice (actual, record, or inquiry) by party against whom enforcement is sought

Question 70

Defenses to enforcement of covenants and equitable servitudes

Answer 70

changed circumstances; laches; unclean hands; acquiescence; estoppel

Question 71

Fixture

Answer 71

chattel attached to RP such that it is treated as part of the RP when determining its ownership; trade fixtures exception allows tenants who are tradesmen to remove items that would be fixtures, unless removal would cause substantial damage.

Question 72

Fixture - Test

Answer 72

various factors are examined to ascertain the seller’s objective intent.

Question 73

Fixture - Tenant

Answer 73

Absent an agreement to the contrary, a tenant may remove a fixture that the tenant has attached to the leased property if (i) the leased property can be and is restored to its former condition after the removal, and (ii) the removal and restoration is made within a reasonable time

Question 74

Cumulative Zoning

Answer 74

A cumulative zoning ordinance creates a hierarchy of uses of land; land that is zoned for a particular use may be used for the stated purpose or any higher use.

Question 75

Noncumulative Zoning

Answer 75

Under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned.

Question 76

Zoning Regulation - Test

Answer 76

rationally related to a legitimate gov. purpos

Question 77

Post-ordinance non-conforming property

Answer 77

owner may request special exception permit or administrative variance Party seeking variance must show unique unnecessary hardship, that hardship not self-induced, and that variance would not result in substantial harm

Question 78

Zoning Requirements

Answer 78

Comprehensive plan generally required and development must adhere to plan

Question 79

Lateral Support - Undeveloped (no improvements)

Answer 79

landowner who excavates on his land is | strictly liable for damage to undeveloped adjoining land

Question 80

Lateral Support - Improvements

Answer 80

landowner who excavates on his land is strictly liable only if adjoining land would have collapsed in its undeveloped state

Question 81

Lateral Support - Improvements contribute to collapse

Answer 81

landowner who excavates on his land is | only liable if he is negligent

Question 82

Subjacent support

Answer 82

owner of the mineral rights is strictly liable for any failure to support the land and any buildings on the land at time the rights were conveyed

Question 83

Air rights

Answer 83

landowner has limited right to reasonable use and enjoyment of airspace above his land

Question 84

Riparian rights (water)

Answer 84

water belongs to those who own land bordering the watercourse; owners may make any reasonable use of the water; water rights cannot be transferred separate and apart from the adjoining land

Question 85

Prior appropriation (water)

Answer 85

water rights are determined by priority of beneficial use; subsequent users must not infringe upon the rights of prior users; water rights may be transferred separately from the adjoining land

Question 86

Doctrine of Attornment

Answer 86

Under the doctrine of attornment, the tenant is bound to honor any covenant in his lease that has been assigned by the landlord to a third party, if the covenant touches and concerns the land.

Question 87

Condemnation

Answer 87

Condemnation is the taking of land for public use or because it is unfit for use. If condemnation is partial = tenant must continue to pay rent. The tenant is entitled to compensation for the portion that was taken. If condemnation complete = tenant does not have t opay

Question 88

After Acquired Title Doctrine

Answer 88

When a person who attempts to transfer real property that he does not own subsequently becomes owner of that property, title to property automatically vests in the transferee.

Question 89

Doctrine of Exoneration

Answer 89

CL = devisee of real property is entitled to have any outstanding balance of a mortgage or other encumbrance on the property to be paid from the remaining assets of the testator's estate (most jurisdictions have abolished this doctrine and property passes subject to any encumbrance.

Question 90

Estoppel by Deed

Answer 90

a grantor who conveys a real property interest by warranty deed before actually owning it is estopped from later denying the effectiveness of his deed.

Question 91

Landlord remedy for illegal behavior

Answer 91

terminate the lease and recover damages or seek injunctive relief.

Question 92

Doctrine of Marshalling Assets

Answer 92

holder of a senior security interest must first proceed against property on which there are not any junior security interests, and then against the property on which the junior interest was more recently created, before proceeding against property on which the junior interest was more remotely created.

Question 93

Restraint on Alienation

Answer 93

may be enforceable by an injunction if it is reasonable.

Question 94

Subrogation

Answer 94

A person who pays off a loan that is secured by a mortgage to protect her own interests, acquires the rights of the original mortgagee-lender and may therefore enforce the mortgage.

Question 95

Title Insurance

Answer 95

An owner's policy only protects the owner of the policy and does not run with the land for subsequent conveyances.