Property

Question 1

Can a bonafide purchaser (BFP) rely on a forged or altered document?

Answer 1

No because the document is void is forged or altered

Question 2

A buyer who enters a contract for the sale of land expects to receive the property worth its fair market value in exchange for the contract price.

If the seller breaches by refusing to sell, what can the buyer recover for the loss of the bargain?

Answer 2

If the seller breaches by refusing to sell, the buyer can recover for the loss of bargain which amounts to the properties fair market value on the date of the breach minus the contract price

Question 3

Define inquiry notice

Answer 3

Inquiry notice exist if a buyer knows or should know of circumstances, it would prompt a reasonable person to investigate the ownership of the property

Question 4

A few simple determinable is a defeasible fee created with duration language. (So long as) what is the presumption upon the terminating condition?

Answer 4

The estate will automatically revert back to the grantor

Question 5

Future interest are 

Answer 5

Alienable and the remainder can be freely conveyed

Question 6

Does a life tenant owe a duty to prevent waste?

Answer 6

yes, a life tenant owes a duty to prevent waste so that the property can be delivered in essentially the same condition it was in when the life tenant took possession.

(This includes devising the property to someone for you life estate who will materially alter the property)

Question 7

Subrogation allows a third party to take a senior mortgage priority when the third party

Answer 7

1) fully pays off the senior mortgage
AND
2) has no ACTUAL knowledge of junior interests

(Note: relevant inquires for factor two could be things like: whether another interest was senior, the no countervailing equities of another lien/mortgage, etc)

Question 8

Is a deed presumed to be delivered if it has been recorded?

Answer 8

Yes, a deed transfers ownership of real property once it is delivered (presumed when it has been record) and accepted (presumed when the transfer benefits the grantee)

**After this occurs, the transfer is irrevocable

Question 9

Define

In Appurtenant Easement

Answer 9

Tied to the land

Question 10

Define

In Gross Easement

Answer 10

personal to the easement holder

Question 12

When may a property owner continue with nonconforming use after a zoning change?

Answer 12

If they have a vested right.
A vested right occurs when the property owner has 1) secured any necessary permits in good faith, and 2) made substantial progress toward achieving the use.

Question 13

Is a tenant who sublets liable for the entire harm from a breaching sublessee?

Answer 13

Yes.

Question 14

Is a sublesee liable to a landlord?

Answer 14

Not for rent payment

Question 15

Under common law, a landlord is responsible for injuries occurring as a result of hidden defects. Under the modern trend, what standard are landlords held too?

Answer 15

landlords are held to a general duty of reasonable care, and a landlord may be liable for failure to make repairs.

Question 16

A buyer is presumed to have taken the property subject to the mortgage (no liability) - is this true even if the buyer knew about the mortgage?

Answer 16

Yes.

Question 17

Define implied reciprocal servitude

Answer 17

1) there must be intent to create a servitude on all real property interests (common scheme)
2) the servitude must be negative (promise to refrain from doing something), and
3) the party agianst whom enforcement of the servitude is sought must have acutal, reocrd, or inquiry notice.

Question 18

Does a express equitable servitude need to be in writing?

Answer 18

Yes.

Question 19

When a property owner proposes to use her property in a manner that does not conform with the uses permitted by a zoning ordinance - what must they request?

Answer 19

A variance

Question 20

Define

Private Nuisance

Answer 20

a substantial, unreasonable interference with another individual’s use or enjoyment of his property.

Interference may be intentional, negligent, reckless, or the result of abnormally dangerous conduct.

Question 21

In order for interference to be unreasonable in a private nuisance action what must it be

Answer 21

the injury to the property owner must outweigh the usefulness of the actions

Question 22

What is the doctine of ademption by extinction?

Answer 22

causes a devise of a specific asset to fail if the testator does not own it at the time of death.

proceeds of the sale of the asset then become part of the general estate

Question 23

When there is conflict-of-law issue in a case involving real property - what is the general rule on which states law controls?

Answer 23

The state where the property is located provides the applicable law (situs state)

This includes property indispute through a will

Question 24

Who do insurance policies protect?

Answer 24

1) named insureds
2) named insureds heirs and devisees who own the property
3)persons who receive the insured property from the named insured or the heirs or devisees by warranty deed

Question 25

What is the standard for granting a variance?

Answer 25

1) the variance does not deviate from the comprehensive zoning plan and 2) compliance with the zoning ordinance would cause the landowner unnecessary hardship

Question 26

True or false: a landowner's claims of unnecessary hardship will often be rejected when the hardship is self-imposed.

Answer 26

True

Question 27

Is a several years to long to bring a breach warranty of suitablility claim?

Answer 27

Yes.

Question 28

Can the warrant of suitability be disclaimed?

Answer 28

NOPE

Question 29

Does an oral condition not in the deed restrict rights ownership?

Answer 29

No. (and Parol Evidence is not admissible and condition is not enforceable.)

Question 30

Once a developr has relinquished control, does an association have the power to terminate without penalty any contract or lease between the association and the developer, or an affiliate of the developer?

Answer 30

Yes, they can terminate without penalty

Question 31

Does an easement by necessity require that the parcel previously have been one parcel that was then split up?

Answer 31

Yes.

Question 32

What is easement by prescription?

Answer 32

Easement by adverse possession. Must have been continuous, actualy, open and hostile for the statutory period

Question 33

Is a contract based on fraud void or voidable?

Answer 33

Voidable

Question 35

A mortgage obligation incurred before the creation of a life estate in the mortgaged property is subject to allocation between the life tenant and the future-interest holder. The paries are not personally liable for the mortgage obligation unless they assumed the morgage, but failure to pay may result in

Answer 35

the lose of their property interest (through a foreclosure)

Question 36

To rescind a contract, must the statute of frauds be satisfied? | in writing

Answer 36

No, recission does not need to be in writing

Question 37

Can the Cy Pres doctrine be used to reform a conveyance to come as close as possible to the grantor's intent (will staying in the bounds of RAP) even if it is not for a charitable gift?

Answer 37

YES

Question 38

If you don't have an easement to access the property, but have permission to be there - what are you?

Answer 38

You are a licensee

Question 39

Generally licenses can be revoked at any time and terminate automatically upon

Answer 39

1) the death of either party 2) conveyance of the servient estate

Question 40

Warranty deeds convey a grantor's real property to a grantee with assurances that there are no defects. Can a grantee always receive compensation for defending against a third party claim against the property?

Answer 40

No - only for lawful claims. The rule is that under the convenant of warranty deed, the grantor of a warranty deed must **defend and compensate** the grantee for **any lawful claims** made against the grantee's title. Thus, if the third party claim is unlawful - then the grantor has not breach the convenant of warranty deed and is not required to defend or compensate.

Question 41

In a joint tenancy, may a joint tenant grant a mortgage?

Answer 41

Yes, but may only do so with respect to their one interest not to the other tenant's interest unless the other joint tenant has consented

Question 42

If a joint tenant grants a mortgage on their portion of the joint-tenancy interest without the consent of the other joint tenant, what happens to the mortgage upon the death of the grantor tenant?

Answer 42

In a majority (lien theory) jurisdiction - mortgage expires upon death because the granting of a lien does not sever the joint tenancy

Question 43

Must a court grant a partion upon request motion by one co-tenant?

Answer 43

YES, may require accounting as well

Question 44

If a person enteres property under color of title and actually possesses a reasonable portion of the property for the statutory period, How much of the property do they adversely possess?

Answer 44

The entire property - under constructive adverse possession | they get title to the whole fucking thing

Question 45

If an easement is recorded, then the lands merges, if the easement still extinguished?

Answer 45

YUP