issues from practice MBE and MEE questions Flashcards
what are the requirements that allow tacking for purposes of adverse possession?
the adverse possessor and his predecessor (person previously possessed property) are in privity of estate
T of F, a person may only gain title to property they use for purposes of adverse possession
True
Explain the covenant of Seisen
Explain the covenant of the right to convey
The covenant of seisin (promise that he owns and possesses the estate)
and the right to convey (promise that he has the right to convey the property) are included in every general warranty deed
An adverse possessor who acquires property burdened by an easement takes the property SUBJECT TO the EASEMENT unless the adverse possessor can show
that he adversely possessed the easement as well
Explain the rule of convenience as it applies to class gifts. (Hint Too Bad Rule)
Rule of convenience applies to class gifts to family members (eg. Grandchildren) . Class closes when the first member is entitled to distribution of the gift
In a _______ __________ in which purchaser ASSUMES the mortgage the purchaser or grantee IS PERSONALLY LIABLE.
land conveyance
Explain a fee simple defeasible
a fee simple defeasible has infinite duration but can be terminated at the happening of a specific event.
T or F a land owner has an absolute right to have land supported in its natural state. (lateral support right)
however, what does the lateral support right not include?
True
It does not include the right to have additional weight of artificial structures supported by the neighboring land.
Even though the right to lateral support does not include the right to have additional weight of artificial structures supported, can a Defendant be held liable at all for damage caused to structures?
Yes if the Defendant was negligent.
Explain the Uniform Vendor and Purchaser Risk Act
Minority Rule
Under the Uniform Vendor and Purchaser Risk Act, the risk of loss remains with the seller (landowner) until the buyer takes possession of the land or title is transferred.
Under the objective majority rule for mistaken boundaries, possession is hostile so long as the possessor_?
So long as the possessor intends to claim the land as his own even if he is unsure as to the location of the boundaries.
State the rule and elements of an implied easement
An implied easement is not created and proved, not by the words of conveyance, but by the circumstances surrounding the excavation of the conveyance.
For an easement implied by prior use the following requirements must be met:
(1) severance of title to land in common ownership; (severance of Unity of Title)
(2) the use giving rise to the easement was in existence at the time of severance of title;
(3) the use was apparent and was discoverable upon reasonable inspection; and
(4) at the time of severance, the easement was necessary for the use and enjoyment of the dominant property.
T or F, a conveyance is NOT valid unless the description of the land sought to be conveyed is sufficient to identify the land.
True
Under the doctrine of equitable conversion, the risk of loss from casualty and other unforeseen events is normally placed on the buyer in the absence of controlling provisions in the contract. However, this rule is limited in what circumstances?
where the intent of the parties will not produce an equitable result. Typically comes from a supervening event that would unjustly enrich the seller if specific performance was ordered. However, the seller can still pursue damages from the transaction.
Recording statutes do not protect a subsequent claimant who has not? why
paid more than a nominal consideration.
why? because they didn’t pay value ( not a purchaser)
