Real Property

Question 1

Creation of a Joint Tenancy requires what unities?

Answer 1

1: Time-Interests vested at the same time
2: Title-Interests acquired by the same instrument
3: Interest-Interests of the same title and duration
4: Possession-Equal rights to possess and enjoy the property

Question 2

When one joint tenant dies, can they devise their tenancy in their will?

Answer 2

No, joint tenants can only give their interests as inter vivos transfer. Upon their death, their shares transfer to the other tenant(s). Joint tenancy rights are neither devisable, nor descendable.

Question 3

What is a lien theory of mortgage?

Answer 3

A joint tenancy is not severed because one party took out a mortgage on his share of the property.

Question 4

What is the title theory of mortgage?

Answer 4

If one joint tenant takes out a mortgage it severs the joint tenancy and creates a Tenancy in Common.

Question 5

Will partial eviction by a paramount title holder relieve a tenant of the obligation to pay rent?

Answer 5

No, her rent will be reduced proportional to the eviction, but she will still be liable for some part

Question 6

How does one acquire an prescriptive easement?

Answer 6

Use must be open and notorious, adverse, continuous and uninterrupted for the statutory period

Question 7

What is an implied easement?

Answer 7

Prior to the time the tract was divided, a use exists on the servient part that is reasonably necessary for the enjoyment of the dominant part and a court determines it was intended to be used after the tracts were divided.

Question 8

Does an easement appurtenant run with the land even if it is not properly recorded?

Answer 8

Yes