Land Principles Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Formalities to create trusts of land (express + implied)

A

Express: declaration evidenced in signed writing

Implied: no formalities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

x3 formalities to create a land contract

(also for variation of material terms AND equitable interests (availability of specific performance; clean hands; no delay))

A
  • Writing
  • Contains all expressly agreed terms
  • Signed by both parties

(Availability of specific performance)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

x3 formalities for a valid deed

A
  • Intended (labelled)
  • Validly executed (signed by grantor in presence of a witness who signs/ attests)
  • Delivered (dated)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

x3 formalities to create an express legal easement

A
  • Length of freehold or leasehold estate
  • Deed
  • Registered
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Creation of express equitable interests

A

1) Failed legal: Land Contract formalities

OR

2) Uncertain term: writing + signed by grantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

x2 formalities to create freehold covenants

A
  • Writing
  • Signed by grantor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Formalities for leases

A

>7yrs: deed + registration
7 years or less: deed
3 years or less: none provided 1) tenant takes lease immediately; 2) market rent; 3) no premium
Equitable: Land Contract + remedy of specific performance available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Formalities to create a mortgage (legal + equitable)

A

1) Legal: deed + registration

2) Equitable

Failed legal: Land Contract

Pure equitable: writing + signed by grantor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly