Property FPs Flashcards
(37 cards)
3 cotenants own property. One leased property to tenant whose lease is still running. Other 2 want to evict tenant. Can they?
Not, but they can share possession of property with leasehold tenant.
hotel tries to indemnify itself against liabilities arising from contractor working on pool
Nondelegable duty to guest
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.
Rancher wins because K was recorded (company was a buyer with recorded equitable interest, which has priority over a subsequent judgment lien)
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?
The deed was not delivered.
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?
Sublet of garage for storage
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?
Yes, because the individual vacated the premises.
Are Joint tenancies alienable (able to be transferred to new ownership)?
Yes
Are Joint tenancies devisable (capable of being transferred by will)?
Yes
Are Joint tenancies descentable (capable of being distributed to heirs)?
NO
Can one divided owner of a joint tenancy with right of survivorship devise their interest (transfer their interest by will)?
No
What is the doctrine of ademption?
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.
What is the doctrine of after acquired title (or estoppel by deed)?
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.
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
Yes
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?
Race Notice
Subsequent BFP without notice of sale of earlier property interest will prevail. Is this race, race-notice, or notice language?
Notice
Interest holder who records first will prevail. Is this race, race-notice, or notice language?
Race
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.
What is an anti-lapse statute?
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).
What is a class gift?
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.
What is the rule of convenience?
FP: testator to his “grandchildren in fee simple” + anti-lapse statute
Testator’s two surviving grandchildren
FP: 2 Friends planned to incorporate. BizWoman deeded land to corp, but no incorporation was filed. Who owns land?
BizWoman, because deed was void
FP: US Forest Service with regulation to double fine for prohibited use of fire. Best argument to support constitutionality?
Rule was valid exercise for Congress power to delegate rule-making authority to fed agencies.
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?
Man has easement by prescription to use path
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?
The man if subsidence would have occurred w/o the weight of the bldg on his lot
