PRE Property

Question 1

4. Defesable fees

Answer 1

1. Fee simple determinable (durational)
2. Fee simple subject to a condition 3. subsequent
3. Fee simple subject to executory interest

Question 2

Fee simple determinable

Language used, future interest

Answer 2

O to A and her heirs
for so long as
while
during
until
(all words relate to durational time)

If duration is broken it goes to O or her heirs through a possibility of reverter. (automatic on duration being broken)

Question 3

Fee simple subject to a condition subsequnet

Answer 3

O to a and her heirs
on condition that
provided that 
however if
but if

If conditional language broken, O and O’s heirs maintain a right of reentry back to the property (not automatic, have to file action of ejectment)

Question 4

Fee simple subject to an executory interest

Answer 4

O to A and her heirs provided that (state condition) if it is then B
(can use fee simple determinable language or fee simple subject to condition subsequent to create.)
Conceivably O and O’s heirs could never get property back, it will go to 3rd party B.
Subject to RAP

Question 5

Restraint on alienation

Answer 5

Absolute restriction on the free transferability of property. A direct restraint on a fee is void as a matter of public policy.
“if you ever try to sell” –>void. Will delete bad part of conveyance.

Question 6

Encumberances by life tenant

Answer 6

They will cease at the death of the life estate holder. Includes mortgages, easements etc.

Question 7

Life estate per autre vie

Answer 7

life estate per the life of another

Question 8

In a life estate who is responsible for property taxes?

Answer 8

whoever has present possessory interest of the property is responsible for property taxes.

Question 9

How can you end life estate?

Answer 9

Future interest can show that life tenant committed waste

Question 10

Open mines doctrine

Answer 10

Life tenant may engage in already existing activities on the property. But cannot engage in new activities

Question 11

Rule for life estates for property

Answer 11

Cannot alter structures on property unless changed conditions have rendered a property uninhabitable you will allow a life tenant to tear down that structure and erect another structure in its place.

Question 12

Class gifts. Class member pre-deceases the testator. what happens?

Answer 12

If you have a will making a class gift and a class member pre-deceases the testator that member of the class and all of her heirs are shut out.

Question 13

When does a class close?

Answer 13

The moment any member of the class has a present possessory interest in the property the class closes. (when they can take)

Question 14

Tenancy in common

Answer 14

Default. look for this if other ones fail.

Question 15

Joint tenancy with right of survivorship

Answer 15

Must use precise language. Same in time, interest, and possession. **

Question 16

Tenancy by the entirely

Answer 16

Only applies to spouses. No unilateral severing of a tenancy by the entirety.

Only death and divorce can end a tenancy by the entirety.

Question 17

What are the 4 ways a joint tenancy can be severed?

Answer 17

1. Death of the second to last joint tenant. (then there is only 1 person left)
2. Conveyance inter vivos unilaterally. (goes to tenancy in common)
3. Final partition decree. When joint tenants can’t stand each other, ask court of equity to partition the property. Filing law suit is not enough, you need the order.
4. In a lien theory if a joint tenant mortgages their interest in the property it will not sever the joint tenancy so long as mortgage payments are made. (majority)
   In a tittle theory jurrisdiction if a joint tenant mortgages their interest in their property, it severs the joint tenancy (minory rule).

If you convey together, the remainder stays intact as a joint tenancy.

Question 18

When are Landlord liable for latent defects?

Answer 18

Landlords are not liable for latent defect unless they know of them or should have known of them.

Exception for short term (less than a year) lease of furnished premises landlords are liable for latent defects.

Question 19

Holdover doctrine

Answer 19

When a tenant stays beyond expiration of a lease.

1. Determine if it is a commercial tenant or a residential tenant. If residential tenant they are locked into a periodic month to month tenancy. Commercial tenant is locked into a periodic tenancy reflective of the previous lease (up to one year).
2. Determine what the rent amount will be. If the tenant prior to the expiration of the written lease was notified there would be a rent increase, they have to pay the new amount. If they were not notified, they pay the old amount.

Question 20

What do you need to evict a tenant?

Answer 20

Tenants require notice to evict.

Question 21

When is a license revocable?

Answer 21

Even if you pay value for licenses are revocable.

Question 22

Easement

Answer 22

Interest in land, usually in writing to comply with statute of frauds. The easement allows the easement holder to enter another’s land for coming and going form their property. You should record it.

Question 23

When does a merger extinguish an easement?

Answer 23

For merger to extinguish an easement both parcels must be owned by the same party in the same manner

Question 24

Doctrine of abandonment of an easement

Answer 24

Mere non-use of the easement is never enough to constitute abandonment. You need an affirmative act to show intent to abandon.

Question 25

Easement by prescription

Answer 25

Easement by adverse possession. Only difference don't need exclusivity. continuously, openly, notoriously, hostilely. Starts when you start adversely using it.

Question 26

Covenant running with the land: 5 things to look for.

Answer 26

1. Grantor intent 2. Grantee acceptance (common way by recording deed) 3. Look for a writing 4. Does the covenant touch and concern for how the land is used? 5. Privity, is there a relationship between the parties?

Question 27

Common development scheme

Answer 27

Arise when you have a huge parcel of land being subdivided into smaller parcels usually with a covenant. In order to void a restrictive covenant contained within a common development scheme there must be changed conditions which have made the covenant to cause the property to be unusable for all the parcels.

Question 28

How do you have a valid conveyance?

Answer 28

In order to have a valid conveyance the deed must adequately describe the land being conveyed. Have to enclose the land. An address will save a deed and a technicality.

Question 29

Fixture

Answer 29

Chattel that has become attached the to real property.

Question 30

Residential rule for removal of fixtures

Answer 30

If residence, a tenant cannot remove the fixture if there would be damage if the fixture is removed, the more damage, the less likely you can remove it.

Question 31

Commercial rule for removal of fixtures

Answer 31

If a commercial piece of property trade fixtures doctrine, a commercial tenant prior to an expiration of a lease is entitled to remove all trade fixtures form the property.

Question 32

Race jurisdiction

Answer 32

?

Question 33

Notice recording

Answer 33

If the statute does not mention "first" then you are in a notice jurisdiction and the winner is always the last bona fide purchaser for value.

Question 34

Race notice jurisdiction

Answer 34

?

Question 35

Shelter doctrine

Answer 35

Allows a purchaser to assume the status of a bona fide purchaser.

Question 36

Foreclosure with multiple mortgages and encumbrances.

Answer 36

Mortgagee is always the lender, the mortgagor is always the borrower. Make a line with the encumbrances in order, circle the forecloser, make sure they give notice of foreclosure to everyone. The foreclosing party gets paid first then to all parties to the right of the foreclosing part on the horizontal timeline. The ones to the left stay on the property and whoever purchases is responsible for those payments. If it it isn't enough to cover the mortgagor, then you go after the person, deficiency judgment.

Question 37

When you buy a mortgaged piece of property subject to the mortgage

Answer 37

The buyer is not personally liable for the mortgage debt the person who originally took the mortgage is. But the bank can still foreclose.

Question 38

If the third party assumes the mortgage

Answer 38

They are personally liable for the mortgage debt, origianl borrower is secondarily liable.

Question 39

Can you sell property you got though adverse possession?

Answer 39

No you must first get judgment for quiet tittle. They don't have good and marketable tittle to convey yet.

Question 40

Lateral an subjacent support

Answer 40

Are entitled to have your land supported laterally and subjacenttly by your neighbors. If your neighbor removes land and your land sinks, if your land is in natural state you recover in strict liability. If there are structures on your land and they sink you recover with a showing of negligence.