Wrong MCQ Questions and Law Explanations Flashcards
What are the elements required for adverse possession?
1) open
2) continuous
3) exclusive
4) actual
5) notorious (hostile)
Use the mnemonic OCEAN to help remember the elements
Can co-tenants use adverse possession to possess the entire property?
Each co-tenant has a right to possess the entire property, so one claiming title by adverse possession must “oust” his or her co-tenant by claiming dominion or barring the co-tenant from the property
In modern law, how will courst interpret a conveyance that under common law was a fee tail?
E.g. “To A and the (male or female) heirs of his body”
Traditionally, this is considered a fee tail (referring to an estate which would descend to owner’s children
In modern law, grantee gets fee simple absolute
What is a fee simple defeasible?
A type of ownership interest that may be terminated upon the occurrence of a specified event
What does a valid deed require?
1) writing containing description of the land and parties
2) 2) words of intent
3) 3) grantor’s signature
Are original tenants still liable for rent even after making an assignment?
Yes
If a tenant makes a complete transfer of his entire remaining estate, he
What is a general warranty deed?
The grantor guarantees that the title is free from defects arising at any time
The grantor makes promises (covenants) to defend the title against all claims (even predating ownership)
What is a special warranty buyer?
Grantor guarantees that the title is free from defects only during the grantor’s ownership of the property
What is a quitclaim deed?
The grantor makes no warranties about the title
They simply transfer whatever interest they have in the property (if any
What type of covenants are included in a warranty deed?
1) present covenants: (at time of conveyance)
1. 2) covenant of seisin: grantor promises they own the property and have the right to convey it
2. covenant of right of convey: guarantees legal authority to transfer the property
3. against encumbrances: assures there are no undisclosed encumbrances (liens, easements)
2) Future covenants:
1. 3) covenant of quiet enjoyment: grantor promises grantee will not be disturbed by claims of superior title
2. warranty: grantor agrees to defend grantee against lawful claims of title by others
3. further assurances: grantor promises to take necessary steps to correct title defects
What is a fee simple subject to an executory interest?
An interest that is automatically divested in favor of a third party on the happening of an event
What is the effect of property ownership under a race notice jurisdiction?
A subsequent purhcaser of property will prevail over a prior unrecorded interest only if:
1) subsequent purcahser is a bona fide purchaser (they paid value for the property and had no notice of prior interest); and
2) subsequent purchaser records first
What are the three different types of notice?
1) Actual notice: purchaser knows of prior interest
2) constructive notice: prior interest is recorded in the public records
3) inquiry notice: purchaser should have investigated further based on facts that would lead a reasonable person to inquire
What does the rule against perpetuities provide?
That a gift must vest or fail within 21 years after a life in being at the time the gift was created
When may title acquired by adverse possession become marketable?
If the adverse possessor quiets title before attempting to convey it (must file suit to make their ownership recordable and marketable)
Quieting title allows an adverse possessor to obtain a court judgment co
When is delivery of a deed irrevocable?
When (i) the grantor demonstrates a present intent to transfer an interest in the property and (ii) the grantor relinquishes control over the deed (by delivering it to a third party) with instructions to deliver it to the grantee upon occurrence of specified condition
What is a vested remainder subject to open?
Future interest that occurs when a remainder is granted to a class of people and at least one member is ascertainable and has satisifed any conditions precedent to vesting
Remember that this is a type of future interest and that the class remai
What type of future interest is created in the grantor for a fee simple determinable?
Possibility of reverter
What type of future interest is created in the grantor for a fee simple subject to a condition precedent?
Power of termination: the grantor must exercise the power of termination and affirmatively retake the property
What type of future interest is created in the grantor for a fee simple subject to an executory interest?
Springing executory interest
What type of future interest is created in the grantor for a life estate?
A reversion
What is a possibility of reverter?
A possibility of reverter is a future interest retained by the grantor when the grantor conveys a fee simple determinable - the reversion happens automatically upon the occurrence of the condition
What is a reversion?
Future interest retained by the grantor when grantor conveys less than fee simple - the reversion is not automatic but occurs naturally when prior estate ends
Remember that a fee simple is the largest possible estate in land denoting all possible rights that a person may have in land
Under a testamentary conveyance, when is a class deemed to be open?
Upon death of the testator
