Spring Final 2021 Flashcards
O owned the possessory fee simple absolute title to a parcel of land commonly known as Redacre. O deeded Redacre “to L for life, then to R for life, then to R’s children.” Which one of the following statements is the most accurate statement?
A. R owns a vested remainder to the fee simple absolute title to Redacre.
B. The future interest O conveyed to “R’s children” satisfies the common law Rule against Perpetuities using L as the measuring or relevant life.
C. O retained a reversion to the fee simple absolute title to Redacre.
D. Statement A is an incorrect statement; Statement B is an incorrect statement; and Statement C is an incorrect statement.
C
O conveyed a possessory life estate to L, a vested remainder to a life estate to R, and a contingent remainder to the fee simple to the class of people described as “R’s children” because the facts do not establish that R has a child or children. O retained a reversion to the fee simple absolute estate in Redacre because O conveyed estates of lesser quantum (the life estate to L and the life estate to R) and an estate of equal quantum (the fee simple absolute) under a contingent future interest (the contingent remainder to the fee simple absolute to “R’s children”). Statement A is not correct because O conveyed a vested remainder to a life estate to R; not a vested remainder to the fee simple absolute title to Redacre. Statement B is not correct because it is possible that the contingent remainder O conveyed to “R’s children” might vest or fail to vest at a point in time that is beyond L’s lifetime and 21 years after the time of L’s death. Statement D is not an accurate statement because Statement C is a correct statement.
J and K own the possessory fee simple absolute title to Greenacre as tenants in common. J is in possession of Greenacre. J has asked K to go into possession of Greenacre with J but K has declined to do so “for now.” According to the minority view:
A. J owes rent to K because J has ousted K.
B. J owes rent to K even though J did not oust K.
C. J does not owe rent to K because J did not oust K.
D. J does not owe rent to K because K waived K’s right to receive rent from J.
B
Statement B is a correct statement of the minority view regarding a concurrent owner in possession. Statement A is not supported by the facts because (1) ouster is not required under the minority view to establish J’s obligation to pay rent to K; and (2) J did not oust K. Statement C would be correct if the majority view controlled. However, here the minority view is controlling. The stated facts do not support Statement D because although K declined to accept J’s invitation to share possession of Greenacre “for now,” that conduct does not constitute a waiver.
Seller owned fee simple title to two contiguous parcels of land; Westacre and Eastacre. Seller resided on Westacre. No structures exist on Eastacre. From time to time, Seller used trails on Westacre to get to various locations on Eastacre to camp. Three months ago, Seller sold Westacre to Buyer. The deed from Seller to Buyer does not contain any reference to Eastacre. Recently, Buyer observed Seller hiking on one of the trails located on Westacre. Seller used that trail to get to Eastacre. Buyer sent a text to Seller that reads, in part: “You don’t have a right to be on Westacre.” Seller sent the following reply to Buyer “That is the only way I can get to my property.” Which one of the following statements is the most accurate statement?
A. It appears that Seller has a right to use the trails on Westacre.
B. It appears that Seller has a right to use the trails on Westacre and that Buyer has a right to camp on Eastacre.
C. It appears that Seller does not have a right to use the trails on Westacre and that Buyer does not have a right to camp on Eastacre.
D. Buyer is estopped from claiming that Seller does not have a right to use the trails on Westacre.
A
The facts support a finding that Seller impliedly reserved an easement to use the trails on Westacre to access Eastacre based on the doctrine of an easement implied by prior use. Statement B is not accurate because the facts as stated do not evidence any grant of the right to camp on Eastacre by Seller to Buyer. Statement C is not accurate for reasons noted with respect to Statement A and Statement B. Statement D is not accurate because although estoppel can be a defense to a claim of an express or implied easement, the facts do not support a defense of waiver.
O owned the possessory fee simple absolute title to Blackacre. In time, O conveyed Blackacre “O, A, and B as joint tenants, not as tenants in common, with right of survivorship.” All common law rules regarding concurrent ownership of real property are in effect in the state in which Blackacre is located. Which one of the following statements best describes the current state of the title to Blackacre?
A. O, A, and B each own an undivided one-third interest in and to the fee simple absolute title to Blackacre as tenants in common.
B. O, A, and B each own an undivided one-third interest in and to the fee simple absolute title to Blackacre as joint tenants.
C. A and B each own an undivided one-half interest in and to the fee simple absolute title to Blackacre as tenants in common.
D. A and B each own an undivided one-third interest in and to the fee simple absolute title to Blackacre as joint tenants and O owns an undivided one-third interest as a tenant in common.
D
Statement D best describes the state of the title to Blackacre because the unities of time, title, interest, and possession exist between A and B; and O manifested the intent for A and B to own their respective interests in Blackacre as joint tenants. However, although the unities of interest and possession exist between O, A, and B, the unities of time and title do not exist between O and A, and between O and B. Statement A is not accurate because it ignores that a joint tenancy exists between A and B. Statement B is an accurate statement based on the modern law, but it is not an accurate statement under common law rules regarding concurrent ownership of real property. Statement C is not accurate because O created a joint tenancy between A and B.
A valid, 35-year subdivision land use restriction is due to expire in ten months. Doris is the current owner of one of the 50 parcels of land located within the subdivision. Doris wants to use her land in a manner that is projected to be very beneficial to Doris. However, that use would be a violation of the subdivision use restriction. Doris sought releases of the restriction from the owners of the other 49 parcels of land located within the subdivision. Forty-five of those Forty-nine other owners have delivered releases to Doris. After having received those releases, Doris commenced her planned use of her land. Shortly thereafter, the four owners who did not give releases to Doris sued to enjoin her from using her land in a manner that would constitute a violation of the subject use restriction. Which of the following doctrines will provide Doris the best chance of persuading the court to rule that the plaintiffs are not entitled to an injunction against Doris?
A. Waiver by acquiescence
B. Release
C. Relative hardship
D. Estoppel
C
Statement A, waiver by acquiescence, will not provide Doris the best chance of success under the stated facts because there is no evidence of a pattern of a lack of enforcement of existing violations. Statement B, release, will not provide Doris the best chance of success because the four owners suing to enjoin Doris did not release. The releases by the 45 other owners are not binding on the four plaintiffs. Statement C, a claim of estoppel, is not Doris’ best chance of success because the stated facts are not sufficient to satisfy the elements of estoppel. Statement C, the doctrine of relative hardship, is Doris’ best chance of success as illustrated by the text material and course supplement regarding the doctrine of relative hardship.
Which one of the following is not a manner by which an easement can be terminated?
A. Expiration
B. Revocation
C. Release
D. Abandonment
B
An easement is an irrevocable right to use the property of another. Hence, an easement cannot be revoked.
Which one of the following statements is the most accurate statement?
A. Traditionally, an agreement not to partition was regarded as an invalid restraint on alienation.
B. An act of waste that increases the value of the property is known as permissive waste.
C. The 5th Amendment and the 14th Amendment to the United States Constitution are the source of the power of eminent domain that can be exercised by the federal government or a state of the United States.
D. According to the laws of the majority of the states of the United States, the words “and the heirs of her body,” or “the heirs of his body,” when included in a conveyance by deed or by a will create a fee tail estate in the transferee.
A
Statement A is an accurate statement. Statement B is not accurate because it describes ameliorative waste, not permissive waste. Statement C is not an accurate statement because eminent domain is an inherent power of a sovereign. The 5th and 14th Amendments to the U.S. Constitution impose limits on the exercise of the power of eminent domain by the federal and state governments. Statement D is not an accurate statement because there are only four states in which a transferor can transfer a fee tail estate to a transferee.
F owns the possessory fee simple absolute title to a parcel of land commonly known as Farmacre. F granted an easement to E, the owner of a parcel of land located immediately to the south of Farmacre, “for the passage of water from the Chance canal through the earthen ditch across the easterly portion of Farmacre to” E’s property. E and F also entered into a written agreement pursuant to which E has the responsibility “to make repairs and to maintain the easement” F granted to E. Yesterday, E informed F that E plans to divert the flow of the water while E gunites the ditch. F objected. E’s plan to gunite the ditch:
A. Should be allowed as an intensification of a permitted use.
B. Should be allowed as a permissible relocation of the easement.
C. Should not be allowed because E’s plan would be a surcharge of the easement.
D. Should not be allowed because E’s plan would be for the benefit of non-dominant land.
C
The scope of E’s permitted use of F’s property is the receipt of water that flows through an earthen ditch. A portion of the water that enters the earthen ditch seeps into the earth. That means that some of the water that enters the earthen ditch on Farmacre remains on Farmacre and does not reach E’s property. If E gunites’ the ditch, that will increase the amount of water that will reach E’s property and reduce the amount of water that remains on F’s property for F’s use. E’s plan to gunite the ditch will result in a use of F’s property that exceeds the scope of the easement F granted to E. In other words, if carried into effect E’s plan to gunite the earthen ditch will result in a surcharge of the easement F granted to E. Statement A is not accurate because E’s plan to gunite the ditch is not an intensification of a permitted use for the foregoing reasons. Statement B is not accurate because E’s plan does not involve a relocation of the ditch through which the water is to flow over F’s property E’s property. E’s plan to temporarily divert the flow of water to enable E to gunite the earthen ditch does not constitute a relocation of the ditch through which water is to flow across F’s property to E’s property. Statement D is not an accurate statement because the facts establish that E’s property is the dominant land.
The common law Rule against Perpetuities does not apply to:
A. A vested remainder that is subject to partial divestment.
B. An executory interest.
C. An option to purchase not included as part of a lease agreement.
D. A possibility of reverter.
D
The law regards future interests retained by a transferor as vested interests. The Rule against Perpetuities does not apply to vested interests. A possibility of reverter is a type of future interest that is retained by a transferor when the transferor creates and transfers a determinable estate to a transferee. Vested remainders subject to partial divestment, executory interests, and options to purchase not included as part of a lease agreement are non-vested (i.e., contingent) interests subject to the Rule against Perpetuities.
Blackacre is a parcel of land located in California. Grantor deeded Blackacre “to Grantee as long as Blackacre is used for residential purposes.” Which one of the following statements is the most accurate statement?
A. Grantor retained a reversion to the fee simple absolute title to Blackacre.
B. Grantor transferred a fee simple determinable estate to Grantee.
C. Grantor transferred a fee simple subject to a condition subsequent to Grantee.
D. Grantor did not retain any interest in Blackacre as the result of Grantor’s conveyance to Grantee.
C
Blackacre is located in California. Therefore, CA law applies. Statement B is not accurate because CA statutory law prohibits the creation of a fee simple determinable estate. Per that statutory law, words that would create a fee simple determinable estate at common law create a fee simple subject to a condition subsequent estate with the transferor retaining a power of termination. Statement A is incorrect because Grantor retained a power of termination to the fee simple absolute title to Blackacre; not a reversion. Statement C is accurate for the foregoing reasons. Statement D is not correct because Grantor retained a power of termination which has the same attributes as the common law right of entry.
Blueacre and Whiteacre are land located in California. X owned Blueacre. Y owns Whiteacre. X deeded Blueacre to Z. X’s deed includes the following provision: “…reserving unto Y a roadway easement over the southerly 20 feet of Blueacre for the benefit of Whitacre.” Which one of the following statements is the most accurate statement?
A. X did not transfer an easement to Y.
B. Y would have been transferred a valid easement if Z was a grantor with X.
C. X transferred a valid easement to Y.
D. Y received a license to use the roadway over the southerly 20 feet of Blueacre.
C
Blueacre and Whiteacre are located in CA. Therefore, CA law applies. An easement can be reserved in favor of a 3rd party per CA law.
Which one of the theories of property is based on the idea that the owner of property can use the property in any manner that the owner desires?
A. Utilitarian theory
B. Intuitive theory
C. Republican theory
D. Labor theory
B
Decedent owned the fee simple absolute title to a parcel of land and the house located on that land. Decedent lived on that real property for 40 years. During the six months prior to her death, Decedent voiced irritation to her friends about the number of houses in the neighborhood that had been converted to commercial use. A month before her death, Decedent wrote a valid holographic will which named one of her friends as Executor of Decedent’s testamentary estate. Decedent wrote that “Executor is instructed to demolish the house before title to the land is distributed to my Nephew.” After Decedent died, Nephew applied to the Probate Court for an injunction to prevent Executor from razing the house on the land Decedent devised to Nephew because Nephew wants to convert the house into a diner. Which one of the following statements is the most accurate statement?
A. If the court grants Nephew’s petition, it will be because Decedent died testate.
B. If the court grants Nephew’s petition, it will be because the Decedent used precatory language.
C. If the court denies the Nephew’s petition, it will be because of the evidence of the reason why Decedent instructed the house to be demolished.
D. If the court denies the Nephew’s petition, it will be because Nephew’s claim is barred by the doctrine of laches.
C
Statement C is the most accurate statement because it takes into account the factors to be weighed to determine the scope of a property owner’s right to cause property to be destroyed pursuant to the provisions of the property owner’s will. Statement A suggests that the right to destroy property cannot be exercised by the terms and provisions of a will which is not correct. Statement B is not supported by the fact that the will includes the words “Executor is instructed to demolish the house…” If the will had included words such as “I hope the Executor will demolish the house,” there would be a supportable claim the will includes nonbinding, precatory language. Statement D is not the most accurate statement among the four statements because the facts do not establish with certainty that Nephew did not assert his claim in a timely manner.
A became the owner of a possessory fee simple determinable title to land (hereinafter, “the PIQ”). In time, A deeded the PIQ “to B and C for their joint lives.” Subsequently, B deeded the PIQ “to D.” D died intestate two years later survived by A, B, C, and H who is D’s only heir. A died testate one year after D died survived by B, C, H, and X who is A’s only heir. A devised all of A’s property to Y. All common law rules regarding the transferability of future interests are in force in the state in which the PIQ is located. Which one of the following statements is the most accurate statement concerning the current state of the title to the PIQ?
A. H has a possessory interest in the PIQ.
B. Y owns the possessory fee simple absolute.
C. C and Y are tenants in common each as to an undivided one-half interest in and to the fee simple absolute title to the PIQ.
D. C is the sole owner of the possessory estate in the PIQ.
A
Statement A is an accurate statement. A conveyed a possessory joint life estate to B and C. A retained a reversion to the fee simple determinable estate owned by A. Subsequently, B conveyed B’s interest in the joint life estate to D. D died intestate and H inherited D’s possessory interest in the possessory joint life estate which continues because B and C are still alive. Statement B is not an accurate statement. A devised the reversion to the fee simple determinable that A owned at the time of A’s death to Y. Therefore, Y became the owner of that future interest; not a possessory estate. Furthermore, when either B or C dies, the joint life estate will come to an end. At that time the fee simple determinable estate A devised to Y will become possessory. Statement C is not accurate. C and H are owners of the possessory joint life estate which will come to an end when either B or C dies. Y does not have an interest in the possessory joint life estate. Y is the sole owner of a reversion to the fee simple determinable estate that A devised to Y. Statement D is not an accurate statement because C is not the sole owner of the possessory joint life estate. Currently, C is a concurrent owner with H of the possessory joint life estate.
Under which of the following theories can a lot or parcel in a common interest community (CIC) or a common interest development (CID) be a burdened lot even if the land use restriction in question is not part of the deed chain of the lot or parcel?
A. The Third Party Beneficiary Theory
B. The Implied Reciprocal Servitudes Theory
C. Neither the Third Party Beneficiary Theory nor the Implied Reciprocal Servitudes Theory
D. Both the Third Party Beneficiary Theory and the Implied Reciprocal Servitudes Theory
B
