cases

Question 1

green v. lupo

Answer 1

motorcycle: and easment is not in gross if anything in the deed indicates that it is connected to the land

Question 2

cox v. glenbrook

Answer 2

an apputertenant easement runs with the land even when subdivided, can maintain the easement

Question 3

henley v. continental cable

Answer 3

when gross easement is exclusive it is apportionable

Question 4

granite properties

8 interences of intent

Answer 4

shopping center
8 inferences of intent.
1. who is claiming the easement
2. terms of the conveyance
3. consideration
4. was there a simultaniouse conveyance
5. extent of necessity
6. manner in which the land was used prior
7. was the manner of use know to the parties

Question 5

finn v. williams

Answer 5

roads closed not way off farm
dormant easement

Question 6

neponsit

Answer 6

increase of Touch and concernt to PUPE
in substance not in form

Question 7

berger

Answer 7

mass case wiht 30 years covenant
rules for extension need to be in origina document

Question 8

evans v. pollack

easetmetn

Answer 8

lakefront case
balaning values of both parties
characteistics of the land
time was an isseu
commone general scheme

not all parcels intended to have the burden

Question 9

simmons properties

Answer 9

need to look at:
does the change lessen the utility of the easemetn
- increase the burden on the onwer of the easemetn in it use or enjoyment
- does it frustrate the purpose for which it was created

Question 10

town of bethany beach

Answer 10

** Relative Hardship Doctrine:** A covenant will not be enforced if the harm caused by
enforcement will be greater by a “considerable magnitude” than not enforcing it.

Changed conditions doctrine: Covenants will not be enforced of conditions have
changed so drastically inside the neighborhood restricted by the covenants that
enforcement will be of “no substantial benefit” to the dominant estates.

Question 11

johnson

Answer 11

Remedies? p.949
Buyer’s Remedies
Specific Performance
Damages
Rescission
Vendee’s Lien

Seller’s Remedies
Specific Performance
Damages
Rescission & Forfeiture of down
payment
Vendor’s Lien

Question 12

In Re Ward

Answer 12

Essential Terms of a Deed

It must:
1) Identify the parties
2) Describe the property being
conveyed
3) State the grantor’s intent to
convey the property interest in
question
4) Contain the grantor’s signature
5) A notary stamp if being recorded

It does not need:

1) To be recorded (delivery is
sufficient)

Question 13

In Re Ward
the wife that died and husband tried to take everything

Answer 13

Takeaways - In Re Estate of Ward

1. There is no longer a requirement, as there was at common law, that a deed or instrument to effect conveyance of real
   property have all the formal parts of a deed formerly recognized at common law or contain technical words. If from the
   whole instrument a grantor and grantee can be ascertained, and there are operative words or words of grant showing an
   intention by the grantor to convey title to a real property interest (which is sufficiently described) to the grantee, and is signed
   and acknowledged by the grantor[,] it is a deed which accomplishes a legally effective conveyance.
2. Delivery of a deed has two elements: (1) the grantor must place the deed within the control of the grantee (2) with the
   intention that the instrument becomes operative as a conveyance.
3. How does this compare to Burns v. McCormick?

Question 14

Takeaways - Sabo v. Horvath

Answer 14

Takeaways - Sabo v. Horvath

1. A deed recorded outside the chain of title does not meet notice requirement
2. Unfairness on both sides, but weight goes to title requirement

Question 15

fraud and forgery

Answer 15

Fraud and Forgery

Bonafide Purchaser - A bona fide purchaser is someone who exchanges value for property without
any reason to suspect irregularities in the transaction.

What happens when a deed is fraudulently conveyed or forged?

-Ask: Void or Voidable?

Void – conveys no title, the conveyor had no power to convey title (Bonafide purchaser is not protected)

-Forged deeds are void absolutely

Voidable – conveys title, Bonafide purchaser is protected (harmed party can seek damages)

-Fraudulent deeds are usually voidable (as opposed to void)
-Victim induced to transfer deed fraudulently can void the deed, but not once a Bonafide
purchaser gets involved.

Question 16

Brock v. Yale - Takeaways

Answer 16

Brock v. Yale - Takeaways

-When a deed is forged, one cannot get good title even if a Bonafide purchaser

-Tenant in common can convey only their interest in property.

Question 17

McCoy v. Love - Takeaways

Answer 17

McCoy v. Love - Takeaways

Fraud in the inducement = voidable (NOT VOID)

Grantor knew she was conveying a deed, it was her responsibility to inform
herself of what the deed said. (THIS WAS NOT THE EQUIVALENT OF A
FORGERY)

Subsequent Bonafide purchaser can get good title.