Property FPs

Question 1

3 cotenants own property. One leased property to tenant whose lease is still running. Other 2 want to evict tenant. Can they?

Answer 1

Not, but they can share possession of property with leasehold tenant.

Question 2

hotel tries to indemnify itself against liabilities arising from contractor working on pool

Answer 2

Nondelegable duty to guest

Question 3

Rancher of equestrian facility sells property to company, who promptly records K. Judgment then filed against rancher. Company declined accepting title to property because of encumbrance (judgment lien). Rancher sues for specific performance.

Answer 3

Rancher wins because K was recorded (company was a buyer with recorded equitable interest, which has priority over a subsequent judgment lien)

Question 4

Woman executed deed to son and wife, with language “deed to house enclosed. I intend to live in house for rest of my life, so don’t record until I die. The deed will be effective at my death.” Wife and son separate and wife recorded deed before woman’s death. If court determines woman still owns fee simple, why so?

Answer 4

The deed was not delivered.

Question 5

Entrepreneur leased ranch to rancher prohibiting assignments or sublets. Rancher sublet garage for $240 and allowed neighbor to use field for golfing. Which action violated lease?

Answer 5

Sublet of garage for storage

Question 6

Oral lease agreement for 1 year, where individual left at the end of year without paying for last month of rental. Has the individual’s tenancy been terminated?

Answer 6

Yes, because the individual vacated the premises.

Question 7

Are Joint tenancies alienable (able to be transferred to new ownership)?

Answer 7

Yes

Question 8

Are Joint tenancies devisable (capable of being transferred by will)?

Answer 8

Yes

Question 9

Are Joint tenancies descentable (capable of being distributed to heirs)?

Answer 9

NO

Question 10

Can one divided owner of a joint tenancy with right of survivorship devise their interest (transfer their interest by will)?

Answer 10

No

Question 11

What is the doctrine of ademption?

Answer 11

The destruction or extinction of a testamentary gift because the bequeathed assets no longer belong to the testator at the time of their death. This occurs when the property that was the subject of a specific bequest is sold, destroyed, given away, or no longer exists at the time of the testator’s death.

Question 12

What is the doctrine of after acquired title (or estoppel by deed)?

Answer 12

When an individual attempts to convey title (usually by warranty deed- it is required that the quality of deed being conveyed be asserted) at a time when the individual does not have title to the land but later acquires title to the land.

Question 13

Does a BFP of land in a race notice jrdx take over an heir’s gift?
FP facts: environmentalist gifted land daughter by quitclaim deed, then conveyed land to buyer by warranty deed

Answer 13

Yes

Question 14

No conveyance is valid against a subsequent bona-fide purchaser who has no notice of the original conveyance and who has recorded the deed to his conveyance first.” Is this race, race-notice, or notice language?

Answer 14

Race Notice

Question 15

Subsequent BFP without notice of sale of earlier property interest will prevail. Is this race, race-notice, or notice language?

Answer 15

Notice

Question 16

Interest holder who records first will prevail. Is this race, race-notice, or notice language?

Answer 16

Race

Question 17

Answer Jeopardy style- How to preserve a gift under a will from lapsing when the donee predeceases the testator, so that if the donee has a SPECIFIED FAMILY RELATION to the testator and the donee is survived by his/her own children or other lineal descendants, the surviving issue can take the gift in the donee’s place.

Answer 17

What is an anti-lapse statute?

Question 18

Answer Jeopardy style- It is created when the gift recipients (i.e. donees) are unspecified but can be identified in the future (upon the donor’s death).

Answer 18

What is a class gift?

Question 19

Answer Jeopardy style- When a class closes once any member is entitled to immediate possession of the property, and anyone born after the class closes cannot claim an interest in that property.

Answer 19

What is the rule of convenience?

Question 20

FP: testator to his “grandchildren in fee simple” + anti-lapse statute

Answer 20

Testator’s two surviving grandchildren

Question 21

FP: 2 Friends planned to incorporate. BizWoman deeded land to corp, but no incorporation was filed. Who owns land?

Answer 21

BizWoman, because deed was void

Question 22

FP: US Forest Service with regulation to double fine for prohibited use of fire. Best argument to support constitutionality?

Answer 22

Rule was valid exercise for Congress power to delegate rule-making authority to fed agencies.

Question 23

FP: After neighbor granted permission to hunters, For 12 years, man and hunters used path to access highway. Rights by prescription in this jrdx is 10 years. What is man’s rights to rerouted path?

Answer 23

Man has easement by prescription to use path

Question 24

FP: Man and friend owned adjoining lots. Man erected industrial bldg 12 years ago. Friend’s lost remained vacant until 6 mos ago, when she began excavation. The excavation caused subsidence of the man’s lot. Man sued friend for damages. Who will prevail?

Answer 24

The man if subsidence would have occurred w/o the weight of the bldg on his lot

Question 24

FP: Man and friend owned adjoining lots. Man erected industrial bldg 12 years ago. Friend’s lost remained vacant until 6 mos ago, when she began excavation. The excavation caused subsidence of the man’s lot. Man sued friend for damages. Who will prevail?

Answer 24

The man if subsidence would have occurred w/o the weight of the bldg on his lot

Question 25

Rancher owned two lots. Lot 1= Rancher to cousin to woman to developer + Lot 2 Rancher devised to daughter. Developer made improvements of $3,500 to retaining wall between lots. Covenant b/w Rancher and cousin required Lot 1 & 2 owners to pay to retain wall. Developer sues daughter to recover $1,700. Is daughter wins, why?

Answer 25

Developer’s expenditures were not proved to be reasonable and customary.

Question 26

FP: Landowner (LO) leased land to bamboo farmer (BF), who tried to remove remaining bamboo he planted from land after landowner sold land to farming corp. LO sued BF to prevent bamboo removal. Who should court rule for?

Answer 26

Farmer because he planted bamboo and lease was for indefinite duration.

Question 27

FP: two land parcels- 1 12 acre, the other 8 acre. The smaller parcel lacked access to public road. When son owned both parcels, he sold larger parcel to buyer and devised smaller parcel to daughter. Buyer refused to allow daughter to use access road between parcels. Does daughter have an easement?

Answer 27

yes, easement by necessity

Question 28

FP: Rancher sued waterpark owner for diverting all of stream water to park, prevent rancher from being able to feed his livestock. In riparian doctrine jrdx, who will prevail?

Answer 28

Rancher, because owner’s use unreasonably interfered with rancher’s use

Question 29

FP: Condominium association prohibits owners from installing or replacing washer and/or dyer to protect aging electrical and plumbing systems. Is this rule enforceable against owner?

Answer 29

Yes, because rule was adopted to protect bldg’s electrical and plumbing systems.

Question 30

FP: Landlord provided commercial tenant lease that explained that if city needed property under eminent domain, that lease would terminate and landlord would receive entire condemnation award. Tenant learned that she could share in award and demanded such. Who will the court find for?

Answer 30

The Landlord, because the parties specifically agreed to such consequences for a partial condemnation.

Question 31

FP: Woman with express easement continued to use man’s land for 20 years after he died and his son never used land. Son tried to sell ranch and woman quieted title. Son repurchased land from woman, then woman proceeded to resume using easement. Son tried to stop woman from using easement and woman sued son. Notice jrdx. Will woman prevail?

Answer 31

No because ranch was acquired by adverse possession (her easement merged with the land when she owned it as a whole. she subsequently sold it all to son as well.)

Question 32

Couple held an express easement after conveying land to friend. Neighbor proceeded to use easement as well for 15 years w/o permission. To get help to pay for road damage, friend sued couple and neighbor. What was the outcome?

Answer 32

Friend will win as to both defendants.

Question 33

doctor wants to move her zoning approved medical office to her home in subdivision where man owns 5 of 45 acres tract of land and deed for 40 acres conveyance contains covenant restricting land use for residential purposes only. may dr move medical office?

Answer 33

no, because the man owns property benefited by original restrictive covenant and has right to enforce it

Question 34

Answer like Jeopardy- This duty requires the owner to maintain adjacent land in its natural state, even when the land has been improved, and holds the owner strictly liable for any resulting subsidence to the adjacent land if that harm would have occurred had the land been in its natural state. If not, the owner is only liable if the withdrawal was negligent.

Answer 34

What is a landowner’s duty to provide lateral support?

Question 35

FP: Two siblings owned adjoining lots. Each owned buildings on their lot. Sister excavated to make her bldg taller. Brother noticed cracks developing in his bldg. How may brother possibly recover?

Answer 35

The sister cannot be held liable simply upon removing support, but may be held liable if negligence is proven.

Question 36

Widow created trust to pay son for life and then to son’s first child when he is 30. At time of widow’s death, son has no children. Subsequently son had child, who was 5 years when son passed.
If court determines trust violated RAP, what should it order the trustee to do?

Answer 36

Maintain trust til child either lives another 21 years or dies, because cy pres dcotrine allows trust to be reformed…