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Property 1L Del Law > Prop Mod 3 + 4 > Flashcards

Prop Mod 3 + 4 Flashcards

1
Q

> Sale of Land - Detrimental reliance <

buyer sold their old house and seller tries to cancel

A

Can NOT do = specific performance b/c of detrimental reliance

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2
Q

Sale of Land - Marketable Title

A

Must be free from Unreasonable RISK of Litigation

  • must be cleared before closing
  • If not , then buyer can cancel
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3
Q

Seller says “as is” is that good enough for defects ?

A

NO - duty to disclose hidden defects

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4
Q

Sale of Land - who bears the risk between contract and closing ?

A

Buyer

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5
Q

Adverse Possession - 4 Elements

A
  1. Continuous
    - can tack time w/ another adverse possessor in privity (exchange between them)
  2. Open + Notorious
  3. Hostile
  4. Exclusive
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6
Q

Valid Deed - 2 things

A
  1. Delivered

2. Accepted - presumed

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7
Q

Valid Deed Needs 3 things to Transfer

A
  • Parties
  • Signed by Grantor
  • Words of transfer
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8
Q

Not Covered by Recording Act

A
  • Gifts and Wills
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9
Q

Deeds - Notice Recording Act

A

Buyer should know b/c recorded, person there or told

– New buyer w/o notice WINS

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10
Q

Deeds - Race Recording Act

A

First to Record WINS

  • “First recorded”
  • “First to record”
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11
Q

Deeds: Race - Notice Recording Act

A

New Person w/o notice + Records First = WINS
“ In good faith” +”first recorded”
“without notice” + unless “First duly recorded”

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12
Q

Notice – 3rd person has knowledge of two transfers - second didn’t

A

Still good b/c third person stands in shoes of second person w/o https://www.brainscape.com/subjectsnotice – if that’s what happened

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13
Q

Deed - General Warranty

A

Against all defects

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14
Q

Deed - Special Warranty

A

Against Defects caused by Grantor

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15
Q

Deed - Quit Claim

A

No Warranty

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16
Q

Deed - 6 Covenants
General Warranty
+ Special Warranty (Grantor Caused Problems Only)

A

Present = At Transfer / Conveyance
Seisin - describes land - land correct
Right to Convey
Encumbrances

Future = After Transfer
Quiet Enjoyment
Warranty - defend against claims of title
Further Assurances - will fix title problems

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17
Q

Anti Lapse - Wills : intended beneficiary dies first

A

Dead Beneficiary must be a relative to be covered

- if not ~ then residuary and added back to testator’s estate and passes to his heirs

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18
Q

Restraint of Alienation

  • Total
  • Partial
A
  • Void

- If valid - then the transfer will be void

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19
Q

1) Statute of Frauds

leases – section in outline

Violation of SOF = Voidable until
Tenant Takes possession
and
LL Accepts rent

A

The Statute of Frauds applies to a tenancy for years that is longer than one year. Restatement (Second) of Property: Landlord and Tenant §2.1, Statutory Note 1.

a) Requirements

The lease agreement must be in a writing that:

i) Identifies the parties;
ii) Identifies the premises;
iii) Specifies the duration of the lease;
iv) States the rent to be paid; and
v) Is signed by the party to be charged

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20
Q

Does a mortgage sever a Joint Tenancy?

A 
Lien States (Maj) = no 
Title State (minor) = yes into a TinC
21
Q

Installment Land Contract is

A

where the seller holds title (like a rent to own) until final payment

22
Q

Installment Land Contract - buyer misses payment -

A

loses both property and the money

23
Q

Absolute Deed evidence about the agreement can be

A

Oral + Parol (evidence of a prior agreement )

24
Q

Liability of Mortgagor -

After Transfer of Deed - liable unless

A

Lender / Mortgagee - releases or modifies obligation

25
Mortgage Liability - Transferee | Assumes vs. Subject to
Assumes = Liable for whole personally (plus original mortgagor) Subject to = not personally liable
26
Pre-foreclosure - Lien theory state
Lender CANNOT take possession prior to foreclosure
27
Foreclosure - Senior Interests vs. Jr Interests
Senior = Survive Jr = Extinguished - Unless Jr is recorded and Senior is not - Unless its a purchase money mortgage and that takes priority over non-house mortgages
28
Foreclosure - purchaser at sale takes property..
Free and Clear of Any JUNIOR Mortgage
29
Appurtenant Easement
Tied to Use of the land | - fully transferrable / geos w/ land
30
Easement in Gross
Benefits the holder personally - doesn't matter where the holder lives - may be transferrable (modern) w/ intent to make it so
31
Express Easements - Created by
- Writing ~ SOF - Grant - Reservation = when sell land but reserve right to do something - Recording - -> Negative MUST be EXPRESS
32
Implied Easements
- Transferrable - No SOF - No Recording - unless subsequent purchaser had notice
33
Easement by Necessity
b/c the property is landlocked | - Were Owned in COMMON and then severed which created the need
34
Easement by Implication - Prior Use
Common Ownership - Severance - owner used the easement before severance and continues to do so >> well on one side - crosses to get water - can keep crossing after split
35
Easement by Prescription
Adverse Possession - 1. Continuous - can tack time w/ another adverse possessor in privity (exchange between them) 2. Open + Notorious 3. Hostile 4. ---no need for Exclusive bc sharing the property w/ owner
36
Easement by Estoppel
- Starts w/ permission (license) which is revocable - Reliance in good faith (invested money etc) - Permission w/ drawn + Detrimental to the person using it - - > can get easement
37
Easement - - exceed scope
- becomes a trespasser - or where he seeks to build lots and add many more users - can't use easement for use by property acquired after the creation --> like buying many lots to build on + use
38
Easement - duty to maintain
Owner
39
Easement - Termination 6 ways
1. Release - needs to be in writing 2. Merger - combined 2 prop. 3. Abandonment = Non-use + Affirmative Act demonstrating intent 4. Prescription = fail to protect against a trespasser 5. Estoppel = Servient owner acts on reasonable reliance that the owner has abandoned the easement 6. End of necessity
40
License on Property
Revocable + ONLY binds the licensor - can be Oral - - Licensor dies = it's extinguished -
41
Covenants - 5 Elements
1. Writing 2. Intent 3. Touch + Concern (Affirm: pay assoc fee / Neg: no flags) 4. Notice 5. Privity - Burden to run - Horizontal = orig owners and contains covenant - Vertical = Strict / entire interest to successor Benefit o run = Relaxed Vertical ; a carve out of estate - no Horiz. needed
42
Covenants - remedy = vs Equitable Servitude
Damages vs. Injunction
43
Equitable Servitude - 4 elements
1. Writing 2. Intent 3. Touch + Concern 4. Notice
44
Equitable Servitude - remedy =
Injunctive Relief NOT Damages
45
Equitable Servitude - usually in community that is...
Planned - condo, subdivision - all the same white houses -- Benefits + Burdens each equally - Restriction on each (ex: nobody can paint colors)
46
Equitable Servitude - termination
same as covenant + Changed Circumstances - drastic change ./ ne benefit
47
Negative Covenant / Easement | - Promise not to do something - ,,,
MUST BE IN WRITING
48
Fixture is ... and the buyer can ...
Permanently attached to property Buyer can keep it (unless in contract to sell that remove) Tenants - can remove if no damage
49
Nuisance: Private Public
``` Private = Substantial and Unreasonable interference w/ quiet enjoyment Public = Unreasonable interfere w/ safety health of community (Private party - must show unique to him and not same as rest) ```

Property 1L Del Law (6 decks)

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