Property

Question 1

Easement

Answer 1

Non possesory interest in the use land of another or restrict the land of another (positive/negative)

Question 2

Express easement

Answer 2

Easement between two parties in writing

Question 3

Easement by necessity

Answer 3

Not in writing

Factually based on the necessity of one person to enter land of another because they’re landlocked. Terminates when it’s no longer necessary

Question 4

Easement by prescription

Answer 4

Using land for the statutory period of time (20yrs in FL) in an open, notorious, adverse, and continuous manner then you have the right

Question 5

Easement by implication

Answer 5

Implied from prior use

Question 6

Duration of easements

Answer 6

Easements are generally enforceable forever unless it’s terminated

Express- time written when it ends
Necessity- when it’s not necessary
Implication- forever unless legally terminated

Question 7

Termination of easement

Answer 7

Abandonment (no use/intent not to return)(no use alone is not enough)

Merger (parcels are combined)

Question 8

Covenants

Answer 8

Always in writing

To do or not do something on land

Generally runs w the land even if it’s not on their deeds

Question 9

When a covenant runs with the land

Answer 9

Intent to run with the land
Touches and concerns the land
Horizontal/vertical privity
Notice

Question 10

Equitable servitude (remedy for covenant) (can also be money damages)

Answer 10

Injunction to stop someone from performing (enforce restrictive covenant)

Question 11

Tenancies

Question 12

Periodic Tenancy

Answer 12

Start date and then goes on successive periods of time (month to month//year to year). No termination date until notice is given

Question 13

Notice to terminate

Answer 13

Month to month- No less than 15 days before end of the period

Year to year- 60 days

Question 14

Tenancy for years

Answer 14

Beginning and end date.

Question 15

At will tenancy

Answer 15

Goes on indefinitely and can be terminated by either roart

Question 16

Tenancy at sufferance (holdover)

Answer 16

Tenant stays after the lease term. L can can charge double rent for that period holding over.

L can begin eviction proceedings

Question 17

Tenant duties

Answer 17

Pay rent
Not commit waste (permissive/ameliorative)

Question 18

Landlord duties

Answer 18

Deliver physical possession on first day of lease term

Quiet enjoyment (warranty)

Warranty of habitability (health and safety codes)—if breached then constructive eviction

In FL, if tenant does not pay L cannot self help

Question 19

Transfer of title

Answer 19

Real estate contract

Deed

Question 20

Equitable conversion

Answer 20

Once real estate contract is signed, buyer acquires equitable interest and risk of loss transfers to buyers

Question 21

Real estate contract

Answer 21

Writing- Party price terms
Marketable title
SOF

Question 22

Marketable title

Answer 22

Reasonably free from doubt

No encumbrances, liens, cloudiness of title, mortgages

Question 23

Deed

Answer 23

Warranty
Quitclaim

Question 24

Quitclaim

Answer 24

No promises on quality of title. Buyer beware (cannot sue)

Question 25

Warranty deed

Answer 25

6 warranties that guarantee quality of the title. 3 present 3 future Present (breached on day of closing) - warranty of seizin - right to convey - against encumbrances Future - quiet enjoyment - warranty of warranty - further assurances

Question 26

General warranty

Answer 26

Title is clear on my end but has been clear forever.

Question 27

Special warranty

Answer 27

Title is clear since I have owned the property.

Question 28

Valid deed

Answer 28

Writing Identifiable grantees Legal description of land Fl, signed by grantor and two witnesses.

Question 29

Delivery of deed

Answer 29

Intent to transfer deed to grantee. Acceptance of deed is presumed unless evidence to contrary. On closing, real estate K merges with deed (cannot sue on K anymore)

Question 30

Mortgages

Answer 30

Purchase money mortgage always gets priority Fl, lien theory state- bank only has a lien on prop, no title

Question 31

Recording statue (pure notice)

Answer 31

Fl, is pure notice, which protects last or subsequent BFP (someone who pays value, has no notice of earlier transactions) (not bfp if inheritance, will, adverse p)

Question 32

Recording

Answer 32

Once deed is recorded, following purchasers are not BFP cause deed has been recorded.

Question 33

Joint tenant

Answer 33

Right of survivorship Can convert without consent while alive

Question 34

Tenancy in common

Answer 34

No right of survivorship (heirs get interest) Can convey without consent

Question 35

Tenancy by entirety

Answer 35

Married people FL, presumed married people are tenants by entirety Right of survivorship Spouse may not convey without consent (can’t mortgage)

Question 36

Duty to disclose (in conveyance)

Answer 36

If they knew or should have known about defect and it’s not obviously visible. NO active concealment (affirmatively doing something to hide defect)

Question 37

Remedies

Answer 37

Mistake Concealment Specific performance Revcission Misrepresentation

Question 38

Conveyance remedy- specific performance

Answer 38

Land is always unique.

Question 39

Conveyance remedy- recission

Answer 39

No meeting of minds because of