Real Property

Question 1

What is the choice of law rule for real property?

Answer 1

The law of situs, meaning the law of the place where the property is located

Question 2

What are the 3 present covenants of a warranty deed?

Answer 2

1) right to convey
2) covenant of seisin
3) no encumbrances

Question 3

What are the 3 future covenants for a warranty deed?

Answer 3

Further assurances
Quiet enjoyment
Warranty

Question 4

What is required for a burden covenant to run with the land?

Answer 4

1) Writing
2) Intent
3) Touch and
4) Concern the land
5) Horizontal privity
6) Vertical privity
7) Notice

Question 5

What is required for a benefit covenant to run with the land?

Answer 5

1) Writing
2) Intent to run
3) Touch and
4) Concern the land
5) Vertical Privity

Question 6

What is required for an equitable servitude to run with the land?

Answer 6

1) Writing
2) Intent
3) Touch and
4) Concern the land
5) Notice

Question 7

What is required for an implied equitable servitude to run with the land?

Answer 7

1) Intent
2) Restrictive servitude
3) Notice

Question 8

What are the requirements for claim preclusion?

Answer 8

1) Mutuality of parties (same people, same position)
2) Arising out of same t/o as original law suit
3) Final judgment on the merits

Question 9

What are the requirements for issue preclusion?

Answer 9

1) Prior litigation where identical issue was brought
2) Issue was actually litigated
3) Issue was essential or necessary to the judgment