VA real property essays rule statements

Question 1

under a race-notice statute, a subsequent BFP or mortgage is protected only if

Answer 1

she has no notice of the earlier conveyance at the time of the subsequent conveyance or mortgage and records first

Question 2

the general warranty deed with english covenants includes the covenants of

Answer 2

seisin, the covenant of the right to convey, the covenant against encumberances, the covenant for quiet enjoyment , the covnenant of warranty, the covneant for further assurances

Question 3

special warranty deed

Answer 3

he did not personally create and title defects

Question 4

adverse possession

Answer 4

hostile, actual, exclusive, under claim of right, opena nd notorious, continuous, and uninterrupted for period prescribed

Question 5

prima facie case for parition in kind

Answer 5

convenient, practicable, and in best interests of parties

Question 6

upon closing of the contract, the doctrine of merger by deed

Answer 6

merges the terms of contract into the deed, extinguishes contract, and only remedies available under deed

Question 7

caveat emptor

Answer 7

buyer must beware and take steps to protect himself

Question 8

fraud requires

Answer 8

reliance and causation, defendant made a misstatement of present, existing fact

Question 9

an easement is appurtenant when

Answer 9

it benefits the holder in her physical use or enjoyment of another tract, must be two tracts dominant (benefited by the easement) servient (estate subject to the easemetn right)

Question 10

not required for easement

Answer 10

recording deed, consideration

Question 11

virginia is a ____ notice jurisdiction

Answer 11

race

Question 12

race-notice statute

Answer 12

a subsequent BFP prevails over the prior grantee who failed to reord if the subsequent pruchaser had no actual or constructive notice at the time of the conveyance, and the subsequent grantee records first

Question 13

BFP

Answer 13

purchaser, without notice, and pay valuable consideration

Question 14

Virginia is/is not an inquiry jx

Answer 14

is not, don’t have to make an inquirys

Question 15

seisin

Answer 15

grantor covenants that he has the estate he purports to convey and has title and possession

Question 16

right to convey

Answer 16

power and authority to make the grant

Question 17

convenant against encumbrances

Answer 17

covenants against the exisstenece of visible or invisible encumberances

Question 18

covenant of quiet enjoyment

Answer 18

convenats that the grantee will not be distrubed in possession by a third party’s lawful claim of title

Question 19

covenant of warraanty

Answer 19

grantor agrees to defend against reaosnable claims of title by a third party and to compensate the grantee for any loss sustained by the claim of superoior title

Question 20

covenant for further assurance

Answer 20

covenants to perfomra cts reasonably necessary to perfect title conveyed

Question 21

in every land sale contract, there is an implied covenant that, at closing, the seller will

Answer 21

provide the buyer with a title that is marketable

Question 22

a marketable title is one that

Answer 22

is reasonably free from doubt, free from qustiosn that might present an unreasonable risk of litigation, unencumbered fee simple with good record title

Question 23

if a buyer determines that the seller’s title is unmarketbale, the buyer must

Answer 23

give the seller a reasonable time to cure title defects

Question 24

indefeasibkly vested remainer

Answer 24

remainder created and held only by an ascertained person in being, certain to become possessory on termination of the prior estate, and not subject to being defeated, diveseted, or diminished in size

Question 25

vested remainders are

Answer 25

fully transferable during life, devisable by will, and descendible by inheritance

Question 26

fee simple determinable

Answer 26

estate that automatically terminates on teh happening of a stated event and reverts to the grantor, created by “for so long as” “while” during” “until” durational language

Question 27

fee simple determinable accompanied by

Answer 27

possibility of reverter

Question 28

possibility of reverter can be transferred

Answer 28

inter vivos or devised by will, and descends to his heirs if he dies intestate

Question 29

vested remainder subject to total divestment

Answer 29

when the remainderman is in existence and aceertained and his interest is not subject to any condition precedent, but his right to possession and enoyment is subject to being defeated by the happening of some condition subsequent

Question 30

right of survivorship must be

Answer 30

expressly specified, otherwise tenancy in common

Question 31

unlawful detainer

Answer 31

used to recover possession, landlor’s remedy against a tenant, not resolve who has title

Question 32

partition

Answer 32

statutory action to separate ownership and may be cmpelled

Question 33

ejectment

Answer 33

action to try title to and obtain possession of a piece of land, plaintiff must be outof possession and show a superior right to possession

Question 34

bill to quiet title

Answer 34

remove a cloud on title, no restoration of possession or for damages

Question 35

declaratory judgmetn

Answer 35

obtain a declaration of right with or without consequential relief, actual controversy must exist, legal or equitable

Question 36

generally, the prsence of a lien renders title unmarketable unless

Answer 36

the buyer waves it

Question 37

equitable conversion

Answer 37

once a contract is signed and each party is entitled to specific performance, equity regards the purchaser as the owner of the real property. If the property is destroyed without fault of either party, risk of loss is on the buyer

Question 38

a court may give specific performance of a contract dspite the absence of a writing if there have een acts of part performance. Most states reuiire two of the follwing

Answer 38

1) possession of the land by the purchaser
2) making of substantial improvements
3) payment of all or part of the purchase price by the purchaser

Question 39

if acts done by a party in reliance on the contract would result in hardship to such an extent that it woul dbe fraud on that party were the contract not specificlaly enforced

Answer 39

the other party may be estopped from using the SOF as a defense

Question 40

upon divorce, property held in tenancy by the entirety becomes

Answer 40

tenancy in common

Question 41

when property is held in tenancy by the entirety, neither party may

Answer 41

act alone

Question 42

after-acquired title/estoppel by deed

Answer 42

when a party becomes an owner in tenancy in common, the lien created by the deed of trust attaches to his interest in the property

Question 43

a fixture is

Answer 43

a chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty

Question 44

an agremeent between the landlord and tenant is controlling on whether the chattel annexed to the premises

Answer 44

was inteded to become a fixture, when lease is silent, a tenant may remove a chattel as long as the removal does not cause substantial damage to the premises or virtual destruction of the chattel

Question 45

must remove chattels

Answer 45

before end of lease term or becomes property of the landlord

Question 46

a gift is

Answer 46

voluntary transfer of property by one to another without any consideration or compensation, donative intent, delivery, acceptance

Question 47

essential terms satisfying SOF

Answer 47

names of parties, price and manner of payment, description of property sufficient ot render it capable of identification