Property

Question 1

Joint Tenancy with Right of Survivorship

Answer 1

JT with ROS is not descendible, devisable, or alienable. However, it can be severed by partition, operation of law, or mortgage in some states.

Created by TTIP

Question 2

Valid Deed

Answer 2

A valid deed requires lawful execution and delivery. It identifies the property, adequately describes the property, and the person had the present intent to deliver the deed.

Question 3

Tenancy in Common

Answer 3

A TIC is an undivided interest in the property where each tenant has a right to possession as a whole.

Can be result of severed JT

Question 4

Quitclaim Deed

Answer 4

A quitclaim deed provides no guarantees except the implied promise of marketable title.

Question 5

Race-Notice Jdx

Answer 5

A race-notice recording statute requires that the first bonafide purchaser, without notice, to record their deed will prevail

Question 6

Bonafide Purchaser

Answer 6

A BFP is a good faith purchaser for value. Amount you spent is irrelevant, as long as you actually purchased.

Question 7

Notice

Answer 7

Notice requires actual, record, or inquiry

Question 8

Actual Notice

Answer 8

Actual notice requires that the grantee receive notice either expressly or impliedly prior to conveyance either by statement or conduct

Question 9

Record Notice

Answer 9

Record notice requires that the person who had the property actually recorded and the buyer would have been put on notice had they checked

Question 10

Inquiry Notice

Answer 10

Inquiry notice requires that the person would be able to tell by looking around the property that someone else owns the land or has an interest in it

Usually something obvious like physically residing on it

Question 11

Tenancy of Years

Answer 11

a TFY is a lease for a specified period of time. While it may last for less than a year, if it’s more than 1 year it has to be in writing, per SOF

Question 12

Assignment

Answer 12

An assignment is a total transfer of interest in property

Assignee is in privity of land with LL and the assignor remains in privity of contract with the LL

Question 13

Privity of Land

Answer 13

Privity of land means that it is the assignees responsibility to uphold all the implied covenants as well as any other covenants in the land

Question 14

Covenant

Answer 14

A covenant is a promise to do or to refrain from doing something in regards to land

Can be affirmative or negative

Question 15

Affirmative Covenant

Answer 15

Requires a person to actually do something

Question 16

Breach of Covenant

Answer 16

In order to see if the party breached a covenant, one must see if the burden runs with the land

For a burden to run, the covenant needed to be in writing, with the intent to run with the land, the covenant must touch and concern the land, must have privity (horizontal and vertical), and notice

Question 17

Touch and Concern

Answer 17

The covenant must impact the party’s use and enjoyment of the land

Question 18

Joint Tenants

Answer 18

JTs have a right of survivorship and is established by the four unities: title, time, interest, possession

Question 19

JT - Title

Answer 19

JTs must establish title on the same instrument

Question 20

JT - Time

Answer 20

JTs must take title at the same time

Question 21

JT - Interest

Answer 21

Both must have an undivided interest in the property

Question 22

JT - Possession

Answer 22

Both tenants must have equal possession to the property

Question 23

Fee Simple Determinable

Answer 23

A FSD is when the conveyance is made but may be automatically terminated at the occurrence of a stated event

Upon the stated event,it will automatically go back to the grantor who holds a reverter

Question 24

Fee Simple Absolute

Answer 24

A fee simple absolute is an unrestricted ownership of property that lasts indefinitely

Question 25

Severing a JT Restriction of Conveyance

Answer 25

The court has a policy concern that a restriction on conveyance of property for an indefinite period of time puts a restraint on alienation Courts do not like properties to be held to the point that you cannot freely transfer the property to another

Question 26

Tenants in Common

Answer 26

A TIC has equal access to the property and each owns a dividend share. There is no right to survivorship and each tenant has the right to the entire property and each tenant's portion can be sold or devised Each take 1/3 or 1/2 or 1/4

Question 27

Possibility of Reverter

Answer 27

Reverter is a future interest that will automatically vest upon the happening of an event in the previous FSD

Question 28

Tenancy for Years

Answer 28

A tenancy for years is a lease for a specified period of time More than 1 year = has to be in writing Has right to possession and must pay rent

Question 29

Holdover Tenant

Answer 29

A holdover tenant is a person who was in lawful possession but at the end of the lease remains on the property and does not pay rent

Question 30

Periodic Tenancy

Answer 30

A periodic tenancy is when a tenant pays rent on a per period basis and must give notice to terminate the tenancy which must be the length of time of the period rent is paid

Question 31

Accounting and Contribution between TIC

Answer 31

An accounting between TIC may be requested when there is rent being paid by a TP Rent received may be shared equally between TIC

Question 32

Easement

Answer 32

An easement is the right of a part to use or refrain from using a part of the land. Affirmative: allows someone to use land Negative: asks to refrain from using the land

Question 33

4 Types of Easements

Answer 33

Express, Implied, Necessity, Prescription

Question 34

Express Easement

Answer 34

An express easement has two types: by grant or reservation, and can be written or verbal.

Question 35

Transfer of Servient Estate

Answer 35

When an easement is created, the burdened land is called the servient estate, and the benefitting land is called the dominant estate. When servient estate is transferred, easement stays unless transferred to a BFP without notice

Question 36

Easement appurtenant

Answer 36

When there are two lands and one tries to benefit over the other

Question 37

Easement in gross

Answer 37

There is one land and it is the servient estate

Question 38

Notice: express/record/inquiry

Answer 38

Express: easement is mentioned Record: notice on the record Inquiry: known by asking questions or observation

Question 39

Land Sale Ks

Answer 39

LSK should satisfy the statute of frauds

Question 40

Marketable Title

Answer 40

Title should be free of invalid zoning, easements, encumbrances, mortgages, assessments and invalid covenants

Question 41

Merger

Answer 41

once the k enters escrow, everything on the land is accepted as is and the buyer may not sue for defects under warranties that are given

Question 42

Present Covenants

Answer 42

Includes covenant of seisin (ownership of land), encumbrances and conveyances, future covenants, including warranties, assurance and quality title

Question 43

Types of deeds a seller may issue

Answer 43

General Warranty: ensures all of present covenant claims Special Warranty: covers only title defects Quit Claim: does not warranty any defects

Question 44

Recording Acts

Answer 44

First to record Last BFP First BFP to record

Question 45

5A Takings Clause

Answer 45

Allows the government to take private property for public use as long as they provide just compensation

Question 46

Actual Taking

Answer 46

Gov deprives the plaintiff of all economic and physical use of the property

Question 47

Partial Taking

Answer 47

Gov has only condemned part of the property

Question 48

Just Compensation

Answer 48

Depends on what type of taking occurred Actual: property owner entitled to FMV of property at time of taking Partial: property owner only entitled to the proportion of what was taken at the time of the taking

Question 49

Tenant Duties

Answer 49

Duty to pay rent, tend to normal repairs of the unit, and avoid waste In the event of failing to pay rent, LL may initiate judicial proceedings to evict, do noting, or allow lease to continue and sue for damages

Question 50

Tenant's Surrender of a Lease

Answer 50

In a TFY, a tenant may surrender the remaining term of the lease upon agreeing w the landlord. If a period of more than 1 year remains on the lease, surrender must be done in writing

Question 51

Tenant's Abandonment of Lease

Answer 51

Where a tenant stops paying rent and vacates the unit, the tenant has deemed to have abandoned the lease LL may sue for damages for unpaid amount and amount due on lease terms

Question 52

LL's Duties

Answer 52

A LL has a duty to provide possession of the residence within the lease, make all necessary repairs within a reasonable amount of time, maintain timely responsiveness to a tenant's concerns and requests for repairs

Question 53

Implied W of Habitability

Answer 53

A LL has an implied warranty that the LL must not fail to make a leased residence habitable for a tenant In the event that the LL breaches, tenant can sue for damages, abate the rent or end the lease

Question 54

Covenant of Quiet Enjoyment

Answer 54

In every lease agreement. LL's covenant to tenants that tenants will not live in uninhabitable conditions

Question 55

Adverse Possession

Answer 55

Property may be acquired by adverse possession if there is hostile possession without permission, open and obvious to others, actual possession, and continuous for the statutorily prescribed time

Question 56

Right to Contribution - Property Taxes

Answer 56

JT are jointly responsible for taxes owed on the property One tenant can seek proportional recovery from the other tenants for property taxes that he has paid himself

Question 57

Rental Fees

Answer 57

WHen there is a JT or TIC and one tenant is in possession of the premises, income including rental fees earnedby one tenant can be revocered by the other tenants in proportion to their interest

Question 58

Tenant Duties

Answer 58

Tenants have a duty to pay rent, tend to normal repairs of the unit, and avoid waste Failing to pay rent, a LL may initiate judicial proceedings to evict the T, do nothing, or allow the lease to continue and sue for damages

Question 59

Tenant's Surrender of Lease

Answer 59

In a TFY, a tenant may surrender the remaining term of the lease upon agreeing with the LL If at the time of surrender, a period of longer than a year remains on the lease, the surrender must be done in writing

Question 60

Tenant's Abandonment of Lease

Answer 60

Where a tenant stops paying rent and vacates the unit, the tenant has deemed to have abandoned the lease A LL may sue for damages for the unpaid amount as well as the remaining amount due LL must mitigate

Question 61

Hold-over tenancy/tenancy at sufferance

Answer 61

When a T stays over the agreed-upon rental term, the tenancy becoems s tenancy at suffereance and the LL may choose to either evict the tenant or allow a periodic tenancy

Question 62

LL Duties

Answer 62

A LL has a duty to provide possession of the residence within the lease, make all necessary repairs within a reasonable amount of time, maintain timely responsiveness to a tenant's concerns and requests for repairs

Question 63

Implied Warranty of Habitability

Answer 63

In urban settings, a LL has an implied warranty of habitability to not fail to male the leased residence habitable to the tenant If the LL breaches this warranty, the LL may sue for damages, abate the rent if the LL fails to make repairs, or end the lease

Question 64

Covenant of Quiet Enjoyment

Answer 64

In every lease agreement, there is a covenant of quiet enjoyment. LLs promise that tenants will not live in uninhabitable conditions Can be breached in the case of an actual or constructive eviction

Question 65

Nuisance

Answer 65

A nuisance is an interference with a person's use and enjoyment of their home. Public: person's activities have een deemed by a locality or state to be a disrution to HSWM

Question 66

Conveyance of part of JT

Answer 66

Conveyance will sever the JT ad becomes TIC

Question 67

JT - Property Taxes

Answer 67

JTs are jointly responsible for property taxes. One tenant can seek proportional recovery from other tenants for property taxes that he has paid himself

Question 68

JT/TIC Rental Fees

Answer 68

When there is a JT or TIC and one tenant is in possession of the premises, income including rental fees earned by one tenant can be recovered by the other tenants in proportion to their interest

Question 69

Restraint on Alienation

Answer 69

A clause in the conveyance that prevents the recipient from selling or otherwise transferring CL: void for public policy Modernly: some allowed

Question 70

Severance of a JT

Answer 70

A JT may be severed when one tenant conveys her interest in the property. Once severed, the interest between the transferee and the remaining tenant converts to a tenancy in common (“TIC”).

Question 71

Rights to 3P Rents

Answer 71

A co-tenant must account to other co-tenants for rent received from third parties. Each tenant is entitled to an amount of the rents proportionate to his ownership interest.

Question 72

Right to Lateral Support

Answer 72

Ira has the right to have his land supported in its natural state by the adjoining land. There are two basis for a right to lateral support cause of action: Strict Liability and Negligence.

Question 73

Strict Liability Theory | Right to Lateral Support

Answer 73

An adjacent landowner is strictly liable for damages to buildings caused by excavation only if it is shown that the land would have collapsed in its natural state. Example: In other words, Donna, as the adjacent landowner whose property was undergoing construction, will be strictly liable for not supporting the land in its natural state if the land would have subsided without the improvements.