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Prop Flashcards

(148 cards)

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1
Q

Adverse Possession

A

One who wrongfully enters prop excludes gov’t owned land

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2
Q

Req of Adverse Possession

A

Continuous
Open & Notorious
Hostile
Exclusive

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3
Q

Continuous AP

A

For statutory period (CL 20 yrs)
Seasonal or infrequent if
Consistent w/ type of property

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4
Q

Open & Notorious AP

A

Used in manner such that
Reasonable true owner on notice
Seasonal sufficient if intended use

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5
Q

Hostile AP

A 
W/ out true owner’s consent
Ignores state of mind (Maj)
Good Faith (Min)
Hostile if thinks rightful owner
Bad Faith (Min)
Knows not his
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6
Q

Exclusive AP

A

Excludes owner and general public

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7
Q

Tacking AP

A

Can tack on predecessor’s time to satisfy statutory period if relationship such as transfer, contract, or deed

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8
Q

Disabilities AP

A

SOL stayed for true owner at time AP began infancy, insanity, prison at time AP began

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9
Q

Color of Title AP

A

SoL ran and entered w/ belief owned acquires AP for whole prop if significant portion

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10
Q

Formation of K for Sale of Land

A

Requires offer, acceptance, and consid

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11
Q

SoF Sale of Land

A 
Writing
Signed by party to be charged
Essential terms:
Parties
Description of property
Price and payment info
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12
Q

Exceptions SoF Sale of Land

A 
Part Performance (need two):
Payment
Possession
Improvements
Detrimental Reliance (Estoppel):
Reasonably relied upon k AND would suffer detrimental hardship
Admission
Rescission: can be oral
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13
Q

Risk of Loss & Equitable Title Sale of Land

A

Buyer Liable unless deed states otherwise

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14
Q

Marketable Title

A

Implied covenant title
Free from unreasonable risk of litigation
Have until closing to cure

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15
Q

Time of Essence Sale of Land

A

Unless k specifically states

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16
Q

Merger Sale of Land

A

K merges w/ deed
Extinguish all rights/obligations
Under k and following only
Terms under deed

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17
Q

Types of Deeds

A

General Warranty Deed
Special Warranty Deed
Quitclaim Deed

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18
Q

General warranty deed

A

Protects against all 6 warranties

For all defects

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19
Q

Special Warranty Deed

A

Protects against 6 warranties

For all defects caused by grantor

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20
Q

Quitclaim Deed

A

No warranties and

Receives same as grantor held

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21
Q

Covenants of Title

A 
Seisin
Right to Convey
Against Encumbrances
Quiet Enjoyment
Warranty
Further Assurances
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22
Q

Req of Deeds

A 
Identify Parties
Signed by Grantor (SoF)
Words of Transfer
Sufficient description of property
Delivery
Acceptance
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23
Q

Delivery of Deed

A

Retained by grantor, presumed no transfer
Given to 3rd party, once given ownership retroactive
Given to grantee, presumed valid

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24
Q

Acceptance of Deed

A

Presumed with land

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25
Implied Warranty of Fitness or Suitability
Defects in new construction Used adequate materials and good Workmanship in working on residence
26
Duty to Disclose Sale of Land
Material physical defects Material if substantially affects value safety of occupants or desirability Not readily observable
27
Recording Acts Attach to
Deeds, mortgages, leases, options, judgment affecting title
28
Types of Recording Acts
Race Notice Race/Notice
29
Shelter Rule
Take as if subsequent purchaser
30
Estoppel by Deed
Transfers when not owned cannot repossess once owned
31
Mortgages
Security device used to secure payment of debt owed by party (mortgagor) to lender (Mortgagee)
32
Maj Lien Theory Mortgages
Borrower treated as owner | Lender holds lien
33
Min Title Theory Mortgages
Lender treated as owner
34
Purchase Money Mortgage
Loan obtained for purpose of | Purchasing property
35
Future Advance Mortgage
Line of credit or second mortgage after | Property purchased
36
Deed of Trust
Delivers title to 3rd party (Tee) | Until note paid
37
Installment Land K
Seller retains title until pmt CL: if buyer breaches Seller keeps installments and land ML: some JDX must foreclose, or redemption, or restitution
38
Absolute Deed
Transfer of title for loan | Prove by clear and convincing evidence
39
Conditional Sale & Repurchase
Sells to lender who leases back w/ option to repurchase when paid
40
Transfer by mortgagor
``` Liability of mortgagor Remains liable Liability of transferee If assumes, personally liable Takes subject to, not personally liable and is default ```
41
Due on Clause Sale
Lender demand full pmt on transfer
42
Transfer by mortgagee
Mortgage follows note
43
Foreclosure
Forced sale of asset to pay debt when | Mortgagor in default
44
Types of Foreclosure
``` Judicial sale (by court) Power of sale (auction by mortgagee) ```
45
Equity of Redemption
Right of mortgagor to reclaim and prevent foreclosure by paying in full Statutory Redemption
46
Deed in lieu of foreclosure
Convey property in exchange for release
47
Deficiency of Mortgage
Responsible for remaining after foreclosure
48
Priorities of Mortgage
First in time
49
Exceptions to Priorities of Mortgage
``` Purchase money mortgage Recording act Subordination agreement Mortgage modifications Do not change priority Future-advance mortgages After-acquired property ```
50
Easement
Right by one to make specific, limited | Use of land owned by another
51
Types of Easement
Appurtenant In Gross Affirmative Negative
52
Express Easements
Grant | Reservation
53
Grant Express Easement
Created by parties in writing
54
Reservation Express Easement
Conveys land but | Reserves easement for him/herself
55
Implied Easements
By Implication By Necessity Prescriptive Easement by Estoppel
56
Easement By Implication
Prior use Continuous and apparent after severance Reasonably necessary to dominant land
57
Easement By Necessity
Common ownership in past | Strict necessity at severance
58
Prescriptive Easement
AP minus exclusive
59
Easement by Estoppel
Permission by someone to use land Continuous reasonable reliance Permission is withdrawn and Reliance was detrimental
60
Scope of Easement
Defined by first instance of its terms Change in Scope: Reasonableness standard If exceeds, trespasser
61
Termination of Easement
``` ENDCRAMPS: Estoppel Necessity Ends Destruction Condemnation Release Abandonment Merger Prescription Sub BFP ```
62
Release Term of Easement
Written and comply with SoF
63
Abandonment Term of Easement
Non-use PLUS | Demonstrating intent
64
Merger Term of Easement
Acquire full title to other property
65
Prescription Term of Easement
Fails to protect against AP
66
Sub BFP Term of Easement
No record, not enforceable
67
Profit Prop
Non-possessory right to enter land AND | Remove specific natural resources
68
License Prop
Revocable non-possessory right to | Enter land for particular purpose
69
Covenant Prop
Promise restricting right to use property or | Impose obligations on owner
70
Req of Covenant Prop
``` WITCH VaN: Writing Intent Touch and Concern Horizontal (Burden Only) Vertical Strict (burden) Relaxed (benefit) Notice (Burden Only) ```
71
Termination of Covenant/Equit Servitudes Prop
``` DREAM CC: Destruction Release Estoppel Abandonment Merger FSA Condemnation Changed Circumstances ```
72
Remedy of Covenant Prop
Damages
73
Equitable Servitudes Req
``` WITN: Writing Intent Touch and Concern Notice (Burden Only) ```
74
Remedy of Equit Servitudes
Injunctive Relief
75
Implied Reciprocal Servitudes
Planned scheme with mutual rights of enforcement
76
IRS Req to Run
Common scheme Negative servitude Notice (AIR)
77
Remedy of IRS
Injunctive Relief
78
Defenses to Covenants & Equitable Servitudes
Acquiescence: implied permission Changed Circumstances: does not make sense due to drastic changes in surrounding area Laches: unreasonable delay in claim and prejudicial to defendant Unclean Hands: engaged in same conduct Estoppel
79
Common Interest Ownership Communities
Property owners’ associations: Required to pay dues by owning property Condominiums: Required to pay fee for maintenance and use of common areas Cooperatives: Owned by corp leases to shareholders and share fees for taxes and maintenance
80
Existing Nonconforming Property Zoning
Occurs when zoning is changed and Existing structure no longer complies Grandfathered in but Cannot expand or switch use
81
Post-Ordinance Nonconformity Zoning
Request to use property in Existing non-conforming way Request: variance or special exception
82
Variance Types Zoning
Use: Right use in manner not permitted Area: Restriction on manner property developed
83
Req of Variance Zoning
``` Result in unnecessary hardship Circumstances unique to property Not created by owner Keeping w/ overall purpose of ordinance Not substantial harm to general welfare ```
84
Special Exception Zoning
Receives a permit
85
Spot Zoning
Singles out for different treatment
86
Procedural DP Rights Zoning
Right to receive hearing Present evidence Receive explanation
87
Dedication Zoning
Gives use to gov’t but retains fee owner
88
Riparian Water Rights
Water flowing through or adjacent to land Reasonable Use: Cannot transfer separate from land Prior-appropriation Doctrine: Can transfer separate from land
89
Lateral Support Rights
Excavates: Strictly liable for damage Except: if contributed, then negligence
90
Subjacent Support Rights
Mineral rights owner strictly liable for failure to support | Except: if contributed, then negligence
91
Air Rights
Reasonable use UNLESS | Interferes with another’s reasonable use
92
Type of Tenancies
Term of Years Periodic At Will At Sufferance
93
Term of Years Tenancy
Fixed and ascertainable time | Auto expires at end of term
94
Periodic Tenancy
Repetitive, ongoing by set period Auto renews each period Notice before end of last period Based on length of period
95
At Will Tenancy
No specified term | 30 day notice
96
At Sufferance Tenancy
Holdover tenancy | Can evict or if accepts money creates month to month periodic
97
Tenancy Disputes
Pay Rent Condition of Premises Possession (Eviction) Improvements (Fixtures)
98
Rent Dispute
Duty to Pay Look to agreement or RRV Maj: reasonable effort to rerent Min: no duty to mitigate
99
Defenses to Rent Dispute
``` Failure to Deliver Possession Destruction Constructive Implied Warranty of Habitability K concepts Surrender and Acceptance ```
100
Failure to Deliver Possession Defense
Majority: legal and physical possession required
101
Destruction Rent Dispute Defense
CL: T responsible ML: L responsible
102
Constructive Defense Rent Dispute
LL breaches duty to Tenant that Substantially interferes W/ T’s use and enjoyment
103
Implied Warranty of Habitability
Maintain such that Property reasonably suited for Residential use
104
Req of Constructive Eviction
Requires: T notice LL given time to fix Vacates w/in reasonable time
105
Req of Implied Warranty of Habitability
``` Notice to LL May: Terminate and move Repair and deduct Pay reduced rent and sue ```
106
Condition of Premises Defense to Rent
``` LL maintain common areas for defects AND Make necessary repairs T avoid Waste Affirmative: voluntary Permissive: negligent Ameliorative: increases value ```
107
Possession (Eviction) Defense to Rent
CL: lock out and reasonable force ML: no self help and use legal process
108
Retaliatory Eviction Doctrine
Cannot evict T for Reporting housing code OR Withholding rent due to habitability
109
Improvements (Fixtures) Defense to Rent
CL: stay w/ prop if attached UNLESS trade fixture ML: Remove if does not damage AND done before end of lease
110
Transfers of Tenancy LL
LL can assign or delegate but requires supervision w/ out T approval
111
Assignment by Tenant
Complete transfer New T: liable to LL Old T: liable to LL
112
Sublease by Tenant
Partial transfer New T: not liable to LL Old T: liable to LL
113
Novation Tenant Transfer
Release OG from liability
114
Present Interests
``` FSA Life Estate FS Determinable FS Subject to Condition Subsequent FS Subject to Executory Interest ```
115
FSA
Largest possessory estate Capable of lasting forever “And his/her heirs”
116
Life Estate
Duration of life Pur Autre Vie Life of another
117
Obligations of Life Estate owner
Mortgage interest Repairs reasonable Taxes reasonable No waste
118
FS Determinable
Limited by durational language | “While, during, until, so long as, unless"
119
FS Subject to Condition Subsequent
Limited by conditional language | “Provided that, on condition that, however if, but if”
120
FS Subject to Executory Interest
Upon occurrence of particular event | Auto passes to 3rd party
121
FI Transferor
Reversion Possibility of Reverter Right of Entry
122
Reversion
Future interest in grantor | Follows life estates or estate for years
123
Possibility of Reverter
Follows FS determinable | Auto reverts to grantor
124
Right of Entry
Follows FS Subject to Condition Subsequent | Must exercise right
125
Doctrine of Worthier Title
Remainder in grantor’s heirs
126
FI Transferee
Remainder or Executory Interest
127
Remainder
Future interest in 3rd party | Vested or contingent
128
Vested Remainder
Not subject to condition Precedent AND ascertainable Vested Subject to Open or Vested Subject to Complete Divestment
129
Vested Subject to Open
Class gift w/ one member vested
130
Rule of Convenience
``` Closes class when member Entitled to immediate possession ```
131
Contingent Remainder
Unascertainable OR subject | To condition precedent
132
Alternate Contingent
Two parties have contingent AND pivots on same condition
133
Rule in Shelley's Case
Prevents remainders in grantee’s heirs
134
Executory Interest
``` Upon occurrence of condition Auto reverts to 3rd party Springing Divests interest of grantor Shifting Divests interest of grantee ```
135
Absolute Restraint on Alienation
Void
136
Rule Against Perpetuities
``` A life plus 21 years Applies to: Contingent Remainders Executory Interests Vested Subject to Open ```
137
Types of Concurrent Ownership
JT TE TC
138
JT
Two or more hold single, unified interest w/ right of survivorship
139
Req of JT
``` PITT: Possession Interest Title Time ```
140
Severance of JT
``` Transfer Title Theory Mortgage severs Lease on whole prop to 3rd party Split JDX Ouster Partition ```
141
TE
Only for married similar to JT
142
TC
No right of survivorship Undivided interest w/ unrestricted access to prop Default
143
Rights and Obligations of Concurrent Tenants
``` Ouster Profits Rent Operating Expenses Repairs & Improvements ```
144
Ouster
One co-tenant refuses to | Allow access to another
145
Profits from Concurrent Tenants
No required to share from use EXCEPT mining
146
Rent from Concurrent Tenants
Must share received from 3rd parties
147
Operating Expenses from Concurrent Tenants
Can collect for more than her portion
148
Repairs and Improvements from Concurrent Tenants
No right to reimburse

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