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Feb Bar > Real Property > Flashcards

Real Property Flashcards

1
Q

Fee Simple Absolute

A

Potentially lasts forever
No direct restraints on transfer of ownership
- except valid first right of refusal

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2
Q

Fee Tail

A

Common Law- no longer modern presumption

Was device to lock property into grantee’s family “to A and his bodily heirs”

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3
Q

Life Estate

A

Never measured by time, only by life

Grantee’s life is measuring life

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4
Q

Life Estate Pur Autre Vie

A

Life estate measured by life of another
Modern rule; if life tenant dies before the measure life dies, life estate passes to estate o deceased life tenant and continues in place until the measureing life dies

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5
Q

Life estate restraints on alientation

A

Modern rule allows a provision that terminates the life estate if the life tenant attempts to convey away the life estate

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6
Q

Law of Waste

A

life tenant maintains the estate
maintain is both the maximum and minimum of what tenatn can do to land. maintain means tenant can continue normal use of land, whatever it may be

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7
Q

Voluntary waste

A

any affirmative action beyond maintenance that causes harm to premises

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8
Q

Permissive waste- Failure to maintain

A

Life tenant has obligation to make normal repairs but not replacement.
Repair obligation limited to amount of rents and profits received from land, or reasonable rental value if tenant is using the land
Life tenant must pay all taxes, same limitation as above. If they don’t pay could eliminate the future interest
Life tenant must pay interest on mortgage debt but not principal, subject to same limitation as above

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9
Q

ameliorative waste

A

alters property substantially but increases value of land-
if changed conditions have made property relatively worthless, life tenant can alter property with incurring liability to holder of future interest

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10
Q

Seisin

A

holder of seisin is the taxpayer

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11
Q

Reversion to grantor

A

reversion arises whenever grantor coveys less than full durational estate the grantor had

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12
Q

Possibility of reverter to grantor

A 
when grantor conveys a fee simple determinable- could always revert back to grantor.  
Magic Words:
so long as
while
during
until
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13
Q

Right of Re-entry in grantor

A 
Fee simple on condition subsequent 
title doesn't go back to grantor automatically, grantor must do something to take it back
Magic words:
provided-however
but if
on condition that
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14
Q

Vested Remainder in Grantee

A

Remainder is vested if nothing stands in way of it becoming possessory on th enatural expiration of preceding estate. Grantor keeps nothing.

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15
Q

Contingent Remainder in Grantee

A

when there is a condition that “b must survive a” or something like that. something must happen before b can possess property. Grantor keeps reversion.

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16
Q

Vested Remainder subject to Open

A

where remainder interest is conveyed to a group of unnamed persons whose members are not yet fully known, class remains open to allow for future persons, but closes on grantors or measuring life’s death

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17
Q

Executory interests

A

cuts short the estate that comes before it

But if, then to…

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18
Q

Rule against Perpetuities

A

no interest will be valid unless it must vest, if it is going to vest at all, withing 21 years after the death of some life in being who was alive at the moment the conveyance was made.
If conveyance violates RAP, just ignore everything that violates rule

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19
Q

Perpetuities Savings Clause

A

Basically walks the line of 21 years to save grant form violating RAP

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20
Q

Joint Tenancy

A

Must be present at time of creation:
Unity of time- must take at same time
Unity of Title- must take by same instrument
Unity of Interest- same amount and same kind of interest
Unity of Possession- identical rights of possession
Conveyance must specifically intend joint tennancy

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21
Q

Joint tenancy partition

A

Voluntary- Lines drawn and party seeking aprition is no longer a joint tenant and just owns their portion outright.

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22
Q

Joint tenancy Severance

A

Involuntary- occurs when any of four unities is dusturbed- like if someone sells their interest, but cannot be severed by will

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23
Q

Tenancy in Common

A

only unity of possession required- each co-tenant is entitled to possession of the whole of property.
Default presumption of tenancy.
Can always force partition, and no right of survivorship.

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24
Q

Tenancy by Entirety

A 
yes right of survivorship
no right of partition, not severable by unilateral act of one of co tenants
Can only be terminated by: Death
mutual agreement in writing
divorce
execution by joint creditor
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25
Q

co-tenant accountability

A

co tenant does not have to account to another co tenant for his share of the profits, with four exceptions
Ouster
agreement to share
lease of property by co tenant to third party
depletion of natural resources

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26
Q

Tenancy for years

A

specified time- definite begining and end

anything over one year must be in writing

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27
Q

periodic Tenancy

A

repeating- estate rolls on and on until one party gives proper notice
also includes holdover tenants
to terminate, 2 criteria:
1: enough time, equal to length of period of tenancy (generally month to month)
2. effective date, must be at end of tenancy, can’t terminate in 6 weeks it is month to month

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28
Q

Tenancy at will

A

either party can terminate at any time

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29
Q

Duty to maintain premises

A

tenants covenant to repair- tenant liable for everything, including wear and tear, unlesss agreement expressly excludes.

30
Q

duties of landlord

A

deliver possession of the leased premises
modern rule- implied warranty of habitability
Implied coveneant of quiet enjoyment-

31
Q

implied covenant of quite enjoyment

A

every lease includes the landlords’ implied promise not to interfere with the tenants quite enjoyment of the leased premises. can be breached by one of the three types of eviction

32
Q

Three types of eviction

A

total: landlord threw tenant off premises
partial: landlord excludes tenant from only a part of property
constructive: Landlord fails to provide a service he is required to provide, must be substantial interference to tenant, tenatn must give notice and reasonalbe time to repair, tenant must abandon in reasonable time.

33
Q

assignment v. sublease

A

assignment- tenant transfers all lease. Sublease- tenant transfers a part of lease

34
Q

Privity of estate

A

exists only between current tenant and current landlord

35
Q

privity of contract

A

where there is an agrement between landlord and the particular tenant from whom the landlord seeks to recover rent

36
Q

waiver of non-assignment clause

A

non-assignment clause generally enforceable, but if permission given onces it measn non assignment clause is waived altogether- unless landlord states otherwise at time of giving permission

37
Q

partial condemnation

A

partial taking does not release tenant from full rent payment
tenant will share in award equal to rent that was to be paid

38
Q

Complete taking

A

Tenant does not hae to pay rent
tenant will only share in award to the extent that fiar rental value of property exceeds the amount of rent due under lease

39
Q

Latent Defects

A

Landlord Liable- under duty to disclose latent difects which landlord either knows or has reason to know

40
Q

Short term Lease of furnished dwelling

A

Landlord Liable- Liable for defects, even if neither knows nor has reson to know of such defects- Less than 3 months is short term

41
Q

Common Passageways under Landlord’s control

A

Landlord Liable if failed to exercise reasonable care

42
Q

negligent repairs undertaken by Landlord

A

Liable!

43
Q

Public Use Exception

A

Liable!
Landlord must know or should know of major defect
Landlord must know or should know tenant will not fix defect
landlord mus know or should know that public will be using premises

44
Q

Tenant’s tort liabilty

A

Tenatn always liable to third party invitee for negligent fialure to correct dangerous conditions on the leased premises.

45
Q

Fixtures

A 
Cannot be removed- Four factors
Degree of attachment
General Custom
Degree of harm to premises on removal
Trade fixtures- not considered fixtures
46
Q

Easement Appurtenant

A

any time easement directly benefits the use and enjoyment of a specific parcel of land

47
Q

Easement in Gross

A

No dominant estate, only one parcel of land involved- utility easement

48
Q

Creating Easement

A

Express Grant
Express reservation when selling land
Must be in writing!!!!

49
Q

Implied Easement

A

Must be previous use by common owner and:
Continuous
Apparent
Reasonably necessary

50
Q

Easement by prescription

A 
Like adverse possession
Musbe be adverse
continuous and uninterrupted and last for statutory period
visible and notorious
without owners permission
51
Q

Transfer of Easement w/ servient estate

A

Three ways successor in interest to servient estate may be put on notice
Actual knowledge or notice
constructive notice- arises from recorded in direct chain of title
inquiry

52
Q

termination of easement

A

Merger
Deed of release- in writing and complies with deed formalities
abandonment- must be manifested- non use not sufficient
termination by estoppel
prescription
if created by necessity and necessity no longer there

53
Q

License

A

Limited use privilged to use land in possession of licensor
not prop interest
contract of right

54
Q

Profits

A

right to go onto land of another and take away a natural resource
like easements

55
Q

Enforce Restrictive Covenant

A

intent
notice
touch and concern the land
privity-horizontal and vertical

56
Q

Adverse Possession

A 
Hostile
Exclusive
Lasting
Uninterrupted
Visible
Actually- actually possesses
57
Q

Disabilities w/ adverse possess

A

Infancy
Incarceration
Insanity
if true owner is suffering from any of these at time period begins, clock for adverse possession doesn’t start

58
Q

Statute of Frauds

A

any contract for slae of an interest in real property mus be in writing and signed by one who is sued
description of real prop
names of parties
price

59
Q

Doctrine of Part Performance

A

Exception to statute of frauds if
oral contract is certain and clear
acts of partial performance clearly prove up existence of contract

60
Q

Marketable Title

A

reasonably proven buyer would acccept- minor defects don’t matter
Proof of title
free of encumbrances
valid legal title as of date of closing

61
Q

Execution of Deed

A

Must pass statute of frauds

Must describe land with sufficient accuracy

62
Q

Delivery of Deed

A

Grantor just has to intend to deliver deed- doesn’t have to actually do it
Recording a good deed raises presumption of delivery
Delivery must be accepted

63
Q

Three Present Covenants of Title

A

Covenant of Seisen
Covenant of Right to convey
Covenant against encumbrances

64
Q

Three future Covenants

A

Covenant of Quiet Enjoyment
Covenant of Warranty
Covenant of Further Assurances- mop up

65
Q

Anti-lapse

A

modern rule- prevent lapse by allowing gifts to pass to certain relatives of predeceasing beneficiary

66
Q

Mechanics of Recording

A

Court clerk files copy of deed in a book

Clerk indexes in Grantor index and Grantee index

67
Q

Race

A

notice is irrelevant- rule is whoever rcords first keeps property

68
Q

Race notice

A

Protects all subsequent grantees who are BFP for value who took without notice and are first to record.

69
Q

Notice

A

protects BFPs for value who take wihtout notice.

70
Q

Bona Fide Purchaser

A

purchaser for value who takes without notice- any consideration that is out of pocket is enough to be considered vlaue.

71
Q

Riparian Rights

A

REfers to property that borders lake or stream
can use all you need for domestic purposes
but standard of reasoanble use for commercial uses.

Feb Bar (14 decks)

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