Flashcards in issues from practice MBE and MEE questions Deck (34)
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
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.
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?
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
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.
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)
A covenant in a lease to pay fire insurance is held to run with the land. A covenant to pay insurance is capable of running if and only if the landlord is bound to use the proceeds for?
repair and replacement.
T or F, an assignment does not release the tenant from his contractual obligations under his lease with the Landlord under his original leasehold agreement.
If the tenant purchases the building (eg. in a sheriff's sale), does the tenant still owe the landlord any remaining rent on the original lease? why or why not?
No because the tenant as a record title owner would no longer remain obligated under the leasehold contract. There is nothing left to lease to the tenant
What is the general rule regarding government property and adverse possession?
Title to government owned land cannot be gained through adverse possession.
what is the difference between a fee simple determinable and fee simple subject to a condition subsequent?
A fee simple determinable is a fee that automatically expires on the happening of a specified event. In contrast, a fee simple subject to a condition subsequent continues despite the breach of the specified condition (event) until it is divested or cut short by the exercise of the grantor of his power to terminate.
Privity of estate exists when
Privity of estate exists when two or more parties hold an interest in the same real property
Adjacent landowners can resolve boundary disputes by agreement, so long as there is?
so long as there is no material harm to a mortgagee or any co-tenant.
In order for a covenant to run with the land, it must provide a?
benefit to the dominant estate or burden it in some way.
What is a fee simple subject to an executory interest?
A fee simple subject to an executory interest is an estate that is automatically divested to a third person upon the occurrence of a named event.
State the Rule against perpetuities and the six types of future interests it applies to.
RAP In order to be valid, an interests must vest, if at all, within 21 years after some life in being.
The Rule Against Perpetuities applies to the following six types of future interests:
(1) options to purchase connected with a fee,
(2) executory interests,
(3) contingent remainders,
(4) powers of appointment,
(5) class gifts, and
(6) rights of first refusal.
Are prescriptive easements subject to the requirements of the recording statutes?
A deed to two or more grantees may create a?
Does the deed have to be recorded to be valid?
joint tenancy and or a tenancy in common
The statutory presumption is for two or more persons to share a tenancy in common. However, ther is a rebuttable presumption in favor of a joint tenancy where the language of the conveyance indicates it with phrases such as?
what happens to a joint tenancy when one of the tenants conveys her ENTIRE ownership interest?
It severs the joint tenancy as to the conveyed share.