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Real Property > Virginia Distinctions > Flashcards

Virginia Distinctions Flashcards

1
Q

The right of survivorship must be…

A

expressly specified. Without it, the grant is of tenancy in common.

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2
Q

A tenancy by the entirety will be severed by a written instrument only if…

A

the instrument is a deed signed by both spouses as grantors.

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3
Q

The _______ governs the rights and obligations of residential landlords and tenants.

A

Virginia Residential Landlord and Tenant Act.

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4
Q

In Virginia, a tenant who is a victim of family abuse, sexual abuse, or sexual assault may terminate any residential lease within…

A

30 days’ notice.

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5
Q

A landlord is required to offer a prospective tenant with a written lease and provide it with….

A

Virgnia’s statement of tenant rights and responsibilities.

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6
Q

If a landlord does not offer a tenant with Virginia’s statement of rights and responsibilities, a tenancy is deemed to exist by operation of law on the following terms:

A
  1. The duration is 12 months, with no automatic renewal;
  2. Rent must be paid in equal, monthly installments; and
  3. Rent payments are due on the first day of each month.
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7
Q

The landlord and tenant may terminate a periodic tenancy for a year-to-year lease by how much times’ notice?

A

3 months.

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8
Q

The landlord and tenant may terminate a periodic tenancy for a month-to-month lease by how much times’ notice?

A

30 days.

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9
Q

The landlord and tenant may terminate a periodic tenancy for a week-to-week lease by how much times’ notice?

A

7 days.

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10
Q

An unlawful detainer action must be brought within…

A

3 years from the unlawful entry or detainer.

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11
Q

Under the VRLA, a landlord may not require a security deposit in excess of…

A

2 months’ periodic rent.

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12
Q

A landlord has _____ to return a security deposit.

A

45 days.

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13
Q

A landlord may permit a tenant to provide _______ in lieu of a security deposit.

A

damage insurance coverage.

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14
Q

A landlord must disclose whether there is any…

A

visable evidence of mold in the dwelling unit.

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15
Q

If a mold condition materially affects the health or safety of an occupant, the landlord may require the tenant to vacate the dwelling for up to 30 days’ for mold remediation. During that time, the landlord must provide the tenant with…

A

either a comparable dwelling unit or a hotel room at no cost to the tenant.

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16
Q

The time period in Virginia for creation of a prescriptive easement is…

A

20 years.

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17
Q

In addition to the usual ways of terminating an easement, in Virginia an easement will be terminated if…

A

the original purpose for which the easement was created no longer exists.

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18
Q

If an attempt is made to create an oral easement (creating a license), and then there is a change of position in reasonable reliance by the holder of the dominant estate on that oral license, Virginia will consider this to be an…

A

equitable easement.

[irrevocable license in most JRXDs].

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19
Q

Unlike the majority of jurisdictions, a covenant not to compete does not…

A

run with the land in Virginia.

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20
Q

In Virginia, possession by a ________ will be presumed to be by permission. Thus, there will be no adverse posession.

A

family member

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21
Q

The time for adverse possession in Virginia is…

A

15 years.

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22
Q

The time for adverse possession of church property in Virginia is…

A

25 years.

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23
Q

If mineral rights have been severed from surface rights, adverse possession of the surface will not give…

A

title by adverse possession to the mineral rights underground.

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24
Q

The statute of limitations will not be tolled for disability when there are two tenants and only one of them is…

A

underage.

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25
Q

No disability is allowed to extend the statutory period beyond ____ after adverse possession begins.

A

25 years

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26
Q

In a fee simple on condition subsequent in Virginia, the clock for adverse possession begins at…

A

the time the condition occurs.

[in most JRXDs it is when the right of entry is exercised.]

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27
Q

If a seller does not own the amount of acreage specified in a contract, the buyer’s right to claim a breach of the covenant for marketable title depends on whether the sale is…

A

in gross or per acre.

28
Q

If a sale is in gross, the land is treated as the sale of…

A

the whole properly named in the contract, and the acreage mentioned in the contract is ignored.

29
Q

If a sale is per acre, the covenant of marketable title is breached if…

A

the seller can’t deliver the contract’s specified number of acres.

30
Q

A seller of ___ to ___ dwelling units must disclose the physical condition of the property under contract, or must say that the property is being conveyed “as is.”

A

1; 4

31
Q

The seller must disclose any changes to the condition of a property that occur….

A

between the signing of the contract and the closing.

32
Q

Misrepresentation of a unit by a seller allows the buyer to…

A

terminate the contract.

33
Q

The builder of a new dwelling must disclose…

A

in writing, all known material defects that would be a violation of any applicable building code.

34
Q

A Virginia statute provides that in the sale of any new dwelling, the seller impliedly warrants that…

A

to the best of their knowledge, the building is:

  1. free of structural defects;
  2. Constructed in a workmanlike manner, and fit for habitation.
35
Q

The implied warranties on new homes do not apply to…

A

condo units.

36
Q

The implied warranty for new homes extends for ____ from either the transfer of record title or the buyer taking possession (whichever is earlier).

A

1 year.

37
Q

For all claims arising out of the new home implied warranty statute, the statute of limitations period is tolled for six months if the buyer…

A

sends the required notice of breach of warranty to the seller.

38
Q

The statute of limitations for claims arising out of the implicit warranty for new homes is…

A

2 years.

39
Q

The most common type of deed in Virginia is…

A

the statutory special warranty deed.

40
Q

The statutory special warranty deed creates, by implication, these two limited assurances against acts of the grantor (not her predecessors):

A
  1. That the grantor has not conveyed the same estate or any interest therein to anyone other than the grantee; and
  2. That the estate is free from encumbrances made by the grantor.
41
Q

A deed to a dead person is void, but the doctrine of equitable conversion will allow a deed…

A

to be made in the dead person’s estate.

42
Q

To record a deed in Virginia, it must be acknowledged by the grantor or proved by two witnesses, but what is not necessary to pass title?

A

recording

43
Q

Which type of notice does Virginia not recognize?

A

Inquiry

44
Q

The language of Virginia’s recording act is consistent with that of a _____ jurisdiction, but the Virginia Supreme Court has characterized Virginia as a _____ state.

A

race; race-notice

[BFP + recording].

45
Q

A mortgage or deed of trust can be enforced for…

A

10 years from the date the last payment is due on the underlying obligation.

46
Q

The statute of limitations for enforcement of a mortgage or deed of trust may be extended by…

A

filing a certificate in circuit court before the first 10 years expire (will add another 10 years).

47
Q

In Virginia, an assignment of mortgage will carry…

A

the debt with it.

48
Q

The equity of redemption is extinguished when the property is sold, unless…

A

the mortgagor can show that there was some deficiency in the sale.

49
Q

In the deed of trust typically used in Virginia, legal title to the property is conveyed to a trustee, and the debtor retains…

A

the equitable right to repay the indebtedness secured by the trust and obtain the property upon full payment.

50
Q

The deed of trust in Virginia expressly provides for an out-of-court sale by…

A

the trustee, subject to certain statutory safeguards.

51
Q

A trustee who sells a property after the buyer defaults must first apply the proceeds to…

A

discharge the expenses of executing the trust, including a reasonable commission to the trustee.

52
Q

Virginia does not permit a ______ to sell a property out of court, even if the mortgage deed expressly provides for it.

A

mortgagee

53
Q

If a mortgagor dies before a trustee’s foreclosure sale, the trustee must apply any surplus as follows:

A
  1. expenses;
  2. taxes;
  3. trustee’s 5% commission;
  4. debts secured by the deed of trust;
  5. any subsequent debts secured by the deed and liens inferior to the deed; and then
  6. the balance to the personal representative of the deceased mortgagor.
54
Q

If surplus is given to a mortgagor’s personal representative after a trustee sale, the representative is directed to pay off other creditors and then distribute any surplus as….

A

realty to devisees or heirs at law.

55
Q

Unless the parties provide to the contrary, certain terms are incorporated by statute into a Virginia deed of trust, including:

A
  1. The mortgagor pays taxes, levies, assessments, etc., so long as any obligation on the mortgagor under the deed of trust remains undischarged;
  2. The mortgagor maintains improvements in a tenantable condition and is liable for acts of waste; and
  3. Upon default, the trustee can advertise, accelerate the due date of the entire principal, and then proceed to sell by auction.
56
Q

The burden of proof is on the _____ to establish that what appears to be a deed absolute is actually a mortgage.

A

mortgagor

57
Q

Virginia courts of equity will consider the following factors in making a determination as to an equitable mortgage:

A
  1. Retention of possession by the grantor;
  2. The amount of consideration (substantially less than FMV?);
  3. Existence of a covenant by the grantor to buy back the property; and
  4. Existence of an antecedent debt owed to the grantee that prompted the transfer of title.
58
Q

In Virginia, a seller in an executory contract of sale has an ______ against the property for the unpaid purchase price.

A

implied equitable lien

59
Q

If a property has been conveyed but a portion of the purchase price remains unpaid, a seller has a lien only if it is…

A

expressly reserved in the deed.

60
Q

Without expressly reserving a lien in a deed, a seller is simply an…

A

unsecured creditor with a claim for the amount of the unpaid purchase price.

61
Q

By statute, Virginia defines a “single-family residence restriction” as including a family care home, foster home, or group home in which no more than ____ persons reside with mental illness, intellectual disability, or developmental disabilities reside with associated staff.

A

8

62
Q

A temporary health care structure used by a caregiver while providing care for a mentally or physically impaired person is a…

A

permitted accessory use on a lot zoned for single-family residences.

63
Q

In Virginia there (is/is no) strict liability for harm to improvements on adjacent property.

A

is no

64
Q

In Virginia, surface water is a…

A

common enemy that each landowner may fend off, provided they exercise ordinary care.

65
Q

The right to fend off surface water does not permit a landowner to collect surface water into an artificial channel and…

A

pour it on the land of another to their injury.

Real Property (16 decks)

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