VA Disnctinctions Real Prop Flashcards
Virginia Law: Holder of right of reverter or reentry has __________ years to claim property.
10 years
Period begins to run when triggering event occurs.
VA has abolished Shelley’s rule and instead:
Example 6: “O to A for life, then to A’s heirs.” A has life estate, and A’s heirs have contingent remainder. The Rule in Shelley’s Case rewrote this to say “O to A for life, remainder to A”, giving A a fee simple absolute.
Under Virginia’s rule, the conveyance works exactly as O intended. A gets a life estate, and the heirs have contingent remainders.
VA has abolished doctrine of worthier title meaning
Example 7: “O to A for life, then to O’s heirs.” A has a life estate; O’s heirs have contingent remainders. Doctrine of Worthier Title changed heirs’ interest into a reversion interest for O.
Virginia has abolished this, giving effect to O’s intent.
o Virginia has passed Uniform Statutory Rule Against Perpetuities o Future interest is valid if it either:
Passes the common law Rule Against Perpetuities; or
Actually vests or lapses unvested within ________________ years of creation.
90
Tenancy by the Entirety
o Key distinction: The grant ________________________________ have to include express language of survivorship to create a tenancy by the entirety (although it automatically includes right of survivorship).
o Two components of tenancy by the entirety different from joint tenancy:
Tenancy by the entirety can only be between ________________________________ persons.
Tenancy by the entirety prevents any ________________________________ or transfer by one tenant without consent of other tenant.
o Tenancy by the entirety automatically ends at ________________________________; converts to tenancy in common.
does not
married
alienation
divorce
Virginia law: Landlord has duty to mitigate damages in case of a ______________________________ lease.
residential
Virginia: Requires that for residential leases, the land lord give _______________________ possession, while for commercial leases, the landlord must give ______________________ possession
actual
legal
Virginia’s implied warranty of habitability puts the following duties on the landlord:
Make sure that the residence complies with the ________________________________ and safety provisions of the local building and housing codes;
Make ________________________________ and do whatever else is necessary to put and to keep the residence in a fit and habitable condition;
Keep all ________________________________ areas in a multi-family dwelling unit clean and structurally safe;
Maintain in good and safe working order and condition all electrical, plumbing, sanitary, ________________________________, ventilating, air-conditioning, and other appliances;
Keep the residence free of ________________________________;
Provide and maintain wet waste receptacles in common areas;
With limited exceptions, supply running water, hot water, heat, and air conditioning;
and
Maintain carbon-monoxide alarms
health
repairs
common area
heating
mold
The standard in Virginia for establishing that the contract is enforceable based on part performance has three parts:
Oral contract was __________________________ and ___________________________ in its terms;
Acts proved in part performance refer to, and result from, or were made in pursuance of the agreement;
Agreement was so far executed that a refusal of full execution would operate a ________________________ upon the party seeking performance, and place him in a situation which does not lie in compensation.
certain ; definite
fraud
Virginia law implies warranty of fitness that the dwelling is:
* Free from ________________________________ defects and would meet standards of construction trade; and
* Fit for ________________________________
Waiver of these warranties is permitted, but must be specifically and ________________________________ set forth on face of the contract
Seller’s breach: Buyer has cause of action against seller, but must first give ________________________________ notice of defect, and seller has reasonable time (up to ____________ months) to fix defect
* Buyer has _________ years to bring suit (period tolled during six month cure period)
* Warranty lasts for ________________________________ from earlier of date of
transfer of title to buyer, or buyer taking possession
o Five-year warranty with regards to the ________________________________ of the dwelling
structural defects
habitation
conspicuously
seller
6
2
one year
foundation
Virginia: Does not require that seller disclose physical defects, but rather that seller give buyer a ________________________________ statement of “caveat emptor” (let buyer beware). Statement must read:
“The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary including obtaining a home inspection.”
written
o In Virginia, the doctrine of merger applies only to the obligations in the contract for sale that relate to _____________________ or that are addressed in the _________________
o Virginia’s rule overrides any contract language to the contrary.
title; deed
Virginia still follows classic equitable conversion doctrine, meaning risk of loss is on the ________________________________
buyer
Virginia law: Adverse possession must last for
15 years
Possessory period modified if the owner was under disability when the adverse possessor first enters the land and takes possession
Disability usually includes infancy, insanity, and incarceration.
Virginia: Disability period cannot extend adverse possession period beyond 25 years.
Hostility Requirement Distinctions in Virginia for adverse possession
Child-parent??
Co-tenant?
o As under the common law, you cannot gain adverse possession if you have the owner’s permission to be on the land.
o A child in possession of his or her parent’s land is presumed to be there with the owner’s permission.
To overcome presumption, child must give clear, or unequivocal notice to the parent of child’s intention to assert exclusive .
One co‐tenant generally cannot acquire the interest of another co-tenant by adverse possession, unless the co-tenant in possession gives actual or constructive notice of her intent to oust the other co-tenant. Because each co-tenant has the right to possession of the whole, living on the land is not acting adversely to the interest of another co-tenant.
If one co-tenant transfers his interest to a third party in a transfer purporting to give the third party the sole right to possession, the third-party is in adverse possession with regards to other co-tenant.
