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Flashcards in MBE concepts Deck (16)
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1

holder of reversion interest as well as a vested remainderman has standing to sue for what types of waste?

past and future waste

2

A contingent remainderman has standing to sue to?

(injunction) prevent future waste, but not for monetary damages for past waste.

3

A tenant can only lease an interest _______ to his own interest.

equal

4

Unless expressly stated to the contrary, every contract for the sale of real property contains an implied covenant requiring the seller to convey marketable title to the buyer. Marketable title generally means title that is free of all reasonable risk of attack.
However, when the deal closes the contractual covenant to convey marketable title is said to "_______" into the deed, and it can no longer be the basis for legal action. Any action by the buyer against the seller after closing would have to be based on:

merge into the deed


on covenants of title contained in the deed

5

A tenant may freely assign a periodic lease, unless

the lease agreement says otherwise

6

oral lease: periodic tenancy

When parties have been performing on an oral lease for a period of time, a party may terminate the lease only upon proper notice to the other party. Unless the parties have agreed otherwise, proper notice is 1 rent payment period. Under common law, oral notice is allowed. The majority of states want written notice of at least 30 days.

7

The statute of frauds says that leases of real property for terms exceeding 1 year must be in writing. When a lease violates the statute of frauds, it is voidable until the tenant takes possession and pays rent. However, if the parties partially perform on a lease that violates the statute of frauds what type of tenancy occurs?
What is the tenancy period?

However, if the parties partially perform on a lease that violates the statute of frauds, a periodic tenancy occurs.

The tenancy period is usually the period is usually the period that a single rent payment covers.

8

Although the scope of an express easement is controlled primarily by the words of grant, the right to construct an easement necessarily implies the right to

inspect, maintain, and repair that easement, even if no explicit right to do so was included in the deed creating the interest.

9

The owner of the servient estate is duty bound only to avoid unreasonable interference with the proper use of the easement by the easement holder. The holder of the dominant estate has no affirmative duty

to warn the servant estate easement holder of any defects arising from his unreasonable use of the easement.

10

An implied reciprocal servitude will be found to burden deeds not containing an express restriction if it can be established that the grantor (who inserted the express restriction in some but not all deeds) followed a .

common plan of development (and if the subject grantee took with notice).

11

A land owner is entitled to develop his land in any way he wishes that: (1) would not deprive the adjoining land, in its unbuilt state, of lateral support; (2) does not negligently injure the programmer's land; and

(3) does not cause the removal of substance of the soil from beneath the programmer's land.

12

T or F An owner of land has no liability if a subsiding of neighboring land is caused by natural conditions on the owner’s land.

True

13

Strict Liability: A landowner may be strictly liable if his excavation causes adjacent land to subside (sink). If the adjacent land is improved, strict liability applies only if:


Even if the adjacent land would not have collapsed in its natural state, the landowner is only liable for damages resulting from _________.

the adjacent land would have collapsed in its natural state


negligence

14

There is no general rule that subsequent uses must not interfere with the light and air of existing adjacent uses. Such a rule would hamper development. The obligations of a property owner to adjacent property owners concern only

limited matters such a party walls, lateral support, and water rights in the absence of contractual obligations or easements created in the appropriate manner.

15

easements for light and air must be created by ________ grant. Such easements will not be implied, even if the remaining elements for implication of a quasi-easement are present, because such easements are not apparent to purchasers (or do not give notice) of the servient estate.

express

16

For spoken words to be defamatory and constitute slander, there must be publication. Publication of slander occurs only when a third party?

hears and understands the words (so that the hearer may have a lower opinion of the plaintiff). If they were spoken in a language none of the listeners understood, they were not "published."