VA real property essays rule statements Flashcards
under a race-notice statute, a subsequent BFP or mortgage is protected only if
she has no notice of the earlier conveyance at the time of the subsequent conveyance or mortgage and records first
the general warranty deed with english covenants includes the covenants of
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
special warranty deed
he did not personally create and title defects
adverse possession
hostile, actual, exclusive, under claim of right, opena nd notorious, continuous, and uninterrupted for period prescribed
prima facie case for parition in kind
convenient, practicable, and in best interests of parties
upon closing of the contract, the doctrine of merger by deed
merges the terms of contract into the deed, extinguishes contract, and only remedies available under deed
caveat emptor
buyer must beware and take steps to protect himself
fraud requires
reliance and causation, defendant made a misstatement of present, existing fact
an easement is appurtenant when
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)
not required for easement
recording deed, consideration
virginia is a ____ notice jurisdiction
race
race-notice statute
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
BFP
purchaser, without notice, and pay valuable consideration
Virginia is/is not an inquiry jx
is not, don’t have to make an inquirys
seisin
grantor covenants that he has the estate he purports to convey and has title and possession
right to convey
power and authority to make the grant
convenant against encumbrances
covenants against the exisstenece of visible or invisible encumberances
covenant of quiet enjoyment
convenats that the grantee will not be distrubed in possession by a third party’s lawful claim of title
covenant of warraanty
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
covenant for further assurance
covenants to perfomra cts reasonably necessary to perfect title conveyed
in every land sale contract, there is an implied covenant that, at closing, the seller will
provide the buyer with a title that is marketable
a marketable title is one that
is reasonably free from doubt, free from qustiosn that might present an unreasonable risk of litigation, unencumbered fee simple with good record title
if a buyer determines that the seller’s title is unmarketbale, the buyer must
give the seller a reasonable time to cure title defects
indefeasibkly vested remainer
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
vested remainders are
fully transferable during life, devisable by will, and descendible by inheritance
fee simple determinable
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
fee simple determinable accompanied by
possibility of reverter
possibility of reverter can be transferred
inter vivos or devised by will, and descends to his heirs if he dies intestate
vested remainder subject to total divestment
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
right of survivorship must be
expressly specified, otherwise tenancy in common
unlawful detainer
used to recover possession, landlor’s remedy against a tenant, not resolve who has title
partition
statutory action to separate ownership and may be cmpelled
ejectment
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
bill to quiet title
remove a cloud on title, no restoration of possession or for damages
declaratory judgmetn
obtain a declaration of right with or without consequential relief, actual controversy must exist, legal or equitable
generally, the prsence of a lien renders title unmarketable unless
the buyer waves it
equitable conversion
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
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
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
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
the other party may be estopped from using the SOF as a defense
upon divorce, property held in tenancy by the entirety becomes
tenancy in common
when property is held in tenancy by the entirety, neither party may
act alone
after-acquired title/estoppel by deed
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
a fixture is
a chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty
an agremeent between the landlord and tenant is controlling on whether the chattel annexed to the premises
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
must remove chattels
before end of lease term or becomes property of the landlord
a gift is
voluntary transfer of property by one to another without any consideration or compensation, donative intent, delivery, acceptance
essential terms satisfying SOF
names of parties, price and manner of payment, description of property sufficient ot render it capable of identification
