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Flashcards in Quick RP Deck (123):
1

What is a Fee Simple Determinable and how is it created?

"To A so long as"....or until...or while" - potentially infinite, Possibility of Revertor held by grantor

2

What is a Fee Simple Subject to Condition Subsequent and how is it created?

To A, but if X occurs, grantor reserves right to reenter"...Grantor has right of re-entry/power of termination

3

What is Fee Simple Subject to Executor Limitation and how is it created?

"To A, but if x occurs, than to B"...Third party (B) holds executory interest

4

Executory Interest, Springing v. Shifting?

Springing EI, cuts short grantors possession. Shifting EI, cuts short someone other than the grantors possession.

5

What are the two important rules of construction of deafeasble fees?

1) Words of mere desire, hope or intention are insufficient to create a defesasible fee (for the purpose, wiht the hope, with the expectations etc)
2) Absolute restraints on alieanation are void ( ie "To A so long as A never attempts to sell")

6

When is a life tenant permitted to commit waste?

PURGE:
PU- Prior Use - prior to the grant land was used for epxloitation
Repairs - LT may consume natural resources for repairs and maintenance
Grant - May exploit if granted that right
Exploitation - land is suitable ONLY for exploitation - like a quarry.

7

What are the 4 types of remainders and what do they follow?

1) Indefeasibly Vested Remainder (IVE) - No strings attached. "To A for life remainder to B" A and B are alive

2)Vested Remainder Subject to Complete Defeasence - Follows condition subsequent - "To A for life, remainder B, if however, B dies under the age of 25 to C" A is alive B is 20.

3) Vested Remainder Subject to Open - If class is still open "to A for life, then to Bs children" A is alive, B has two children. Class is open until B dies.

4) Contingent Remainder - Follows condition precedent -

8

What are the 2 bright line rules of Common Law RAP and what is the big RAP exception?

1) a gift to an open class that is conditioned on the members surviving to an age beyond 21 violated common law RAP (however under Cy Pres doctrine, court may amend to language to comply with RAP)

2)Many shifting EIs violate RAP. An EI with no limit on the time within which it must vest violates the RAP.

3) Charity to Charity exception

9

How do you create a JT?

T-TIP and ROS
JT's must take their interests
T- By same TIME
T- BY same TITLE
I- With Identical Interests
P- Rights to Possess the whole
Grantor must clearly express right of survivorship!

10

How can you terminate a periodic tenancy?

Must give Notice - at least equal to the period iteslef, unless otherwise agreed. one execption if tenancy is year to year, 6 months notice is OK. - Periodic tenancy must end at conclusion of natural lease period. i.e. If notice given May 15, T is bound until June 30.

11

What is the important point about fixtures?

T must not remove a fixture, no matter that T insalled it. Fixtures pass with ownership of the land.

12

What is the implied covenant of quiet enjoyment?

T has the right to quiet use and enjoyment without interference from L, applies to both residential and commercial leases.

13

How do you get a constructive eviction?

SING - Substantial Interference, Notice (must give L notice and he must not fix it), Goodbye (must vacate the property)

14

Implied Warranty of Habitability

Applies only to residential - premises must be fit for basic human dwelling. When breached, what are Ts options
MR3
Move out and end lease
Repair and deduct
Reduce or withold rent until court determines fair value (hold excluded rent in escrow to show good faith)
Remain in possession, pay rent and affirmatively seek money damages)

15

When would a Landowner be liable under tort theory?

CLAPS
-Common Area - must maintain (hallways stairs)
-Latent Defects Rule - Must WARN T of hidden defects that L knows or shold know about (duty to warn only not repair)
-Assumption of Repairs - When L voluntarily makes repair must complete them with reasonable repair.
-Public Use Rule - L who leases public space an who should know, because of nature of defect and length and T will not repair, is liable for any defect on the premises.
-Short term lease of furnished dwelling - L is liable for any defects on site

16

What are the Affirmative Easements?

P-I-N-G
Prescription - use obtained through elements of AP
Implication - implied from prior use
Necessity - division of tract deprives one lot of means out
Grant - wirting signed by grantor
PARTIES BOUND
Easement Appurtnant is transferred automatically with dominant tenement

Easement in Gross for commercial purposes is assignable

17

What are the Negative Easements?

L-A-S-S
Lights
Air
Support
Steamwater
(and sometimes scenic view)

Same parties bound requirement as Affirmative easements

18

What are Real Covenants?

Writing signed by grantor - REMEDY DAMAGES
BURDEN of promise runs with successor if WITHN - Writing, Intent, Touch & Concern, Horizontal (hardest to show)+ vertical privity, Notice (can be constructive)

BENEFIT of promise runs with successor when WITV
Writing, Intent, Touch & Concern, Vertical Privity

19

What are Equitable Servitudes?

Writing signed by Grantor - REMEDY INJUCTION (look for enjoin)
Successors bound if WITNes
Writing, Intent, Touch and concern, Notice (no privity required)

20

How are easements terminated?

END CRAMP
Estoppel - servient holder changes position on reliance of easement holders assurances
Necessity - Ends when needs ends
Destruction of servient land, ends easements
Condemnation of servient land by eminent domain, ends easement
Release - written release, given by easement holder
Abandonment - must be demonstrated by physical action of intent to never use easement again. (railroad pulling up tracks)
Merger doctrine - easement extinguished when title to the easement and servient land becomes vested in same person.
Perscription - AP (COAH)

21

Elements of Adverse Possession?

Possession for a statutorily prescribed period of time can, if certain elements are met, ripen into title
COAH
CONTINUOUS uniterupted possiession for statutory period (15 years in Virginia)
Open and Notorious
ACTUAL and exclusive possession
HOSTILE - Doesn't have owners permission to be there. UNder CLAIM OF RIGHT (or previously had owners permission, but at some point communicated hostility)

22

Every conveyance of real property has a two step process:

1) The Land Contract (passing of equitable title), which endures until...
2) The Closing (passing of legal title), where the deed becomes our operative document.

23

What are the two implied promises in every land contract?

1) seller promises to provide marketable title (at closing, free of resonable doubt, lawsuits, threat of litgation)
2) seller promises not to make any false statements of material fact (most states hold seller liable for failure to disclose latent material defects)

24

What three circumstances will render title unmarketable?

1 Advers Posession (even in part)
2 Free of Encumbrances (servitudes and mortgages) - unless waived
3 Zoning violation

25

How does a Land Contract pass SoF?

Must be in writing, signed by the parties to be bound, must reasonably describe the land, must date some consideration.

26

How does the deed pass legal title from seller to buyer?

Must LEAD
1) Lawful Execution of deed (in writing signed, unambiguous description)
And
2) Delivery - can be mailed or through courirer - BUT, does not require physical delivery of document, look to present intent to be bound - rejection of deed defeats delivery.

27

What's a quitclaim deed?

Deed that contains no covenants. Grantor is not even promising that has title to convey. (however, still prmising to provide marketable title at closing) - any problems post closing and grantor is off the hook

28

What is a general warranty deed?

Warrants against all defects in title, including due to predessosrs defects. Contains 6 covenants at the moment of delivery

29

What are the general warranty covenants?

Present Covenants
1) Seisin - Grantor owns the estate
2) Right to Convey
3) Against Encumbrances - no servitudes, no mortgages
Future Covenants
4) Quiet Enjoyment - grantee won't be disturbed be 3Ps claim of possession
5) Warranty - grantor will defend against lawfult title claims brought by others
6) Future Assurances - grantor will do whats needed in the future to prove title

30

What is the Shelter Rule?

Somebody who takes title from a BFP will prevail against any entity that the transferor/BFP would have prevailed against. Even if would have failed as a BFP

31

What is a notice statute?

a conveyance of an interest in land shall not be valid against any subsequent purchaser for value without notice thereof, unless the conveyance is recorded.

32

Race-Notice Statute?

Must be a BFP+ record first

33

Equitable Mortgage v. Purchase Money MOrtgage

PMM= money borrowed to purchase a property
EM=Money borrwed against an already owned property.

34

How can creditor/mortgagee transfer his interest?

1) endorse and deliver the note
OR
2) Execute a seperate document of assignment

35

How does one become a Holder in Due Course?

1) note must be negotiable
2) original note must be endorsed
3) original note must be delivered (no photcopies)
4) transferee must take in good faith without notice on illegality
5) and transferree must pay value

36

What defenses does a holder in due course have?

He takes free of ANY personal defenses (lack of consideration, fraud in inducement, unconscionability, waiver, estoppel)
STILL SUBJECT TO REAL DEFENSES
MadFifi4
Material Alteration
Duress
Fraud In the Factum
Incapacity
Illegality
Infancy
Insolvency

37

Who is personally liable on debt if the debtor sells property to B?

If B has "assumed the mortgage" = B is primarily liable, O remains secondarily liable

If B takes "subject to the mortgage", b assumes no responsibility, o is personally liable.

38

What are the two major sustems for determining allocation of water (streams, reivers and lakes?

1) Riparian Doctrine = water belongs to those who own the land bordering the watercourse. Riparians are liable if their use unconsionably interferes with others use
2) Prior Appropriation doctrine= water belongs to the state, but the right to divert it and us it can be acquired by an individual regardless of whether or not you are a riparian owner.

39

VA Distinctions: What are the present possessory estate differences?

SoL on possibility of reverter and right of reentry: after breach of condition, 10 year SoL

VA allows double damages for acts of waste committed wantonly by Life tenants.

VA has abolished the fee tail.

VA has abolished Dower and Curtesy for life estates by marital right.

40

VA Distinctions: What are the future interest differences?

Destructibility of Contingent Remainder rule has been abolished, contingency remains after end of estate. Rule in Shelley's case abolished. Doctrine of worthier title abolished.

All future interests can be transferred inter vivos or by will, even rights of entry.

41

VA Distinctions: RAP?

USRAP = RAP + Must vest within 90 years after its creation.

42

VA Distinctions: Concurrent Estates

Joint Tenancy Creations= must expressly specify the right of survivorship

Tenancy by the Entirety = Right of surviorship does not need to be expicitly stated.

43

VA Distinctions: Land lord Tenant Nature of LEaseholds differences? VRLTA

In VA, a tenant who is a victuim of family abuse, sexual abuse, or sexual assault may terminate an residential lease with 30 days notice.

LL/Tenant may terminate a periodic teanancy by serving written notice on the other in accordance w/the following time frams:

Year to Year/3 months
Month to Month/30 days
week to week/7 days

44

VA Distinctions:
Under VRLTA LL may not require a security deposit in excess of _________. LL has ____days after term of possession to return security deposit (less deductions) + any accrued interest.

An unlawful entry or detainer action must be brought withing _________from the unlawful entry.

2 months rent; 45; 3 years

45

VA Distinctions: LL/Tenant duties and tenant remedies differences? VRLTA

LL must disclose any visible evidence of mold. If the mold condition materially affects the health or safety of any tenant or authorized occupant, the LL may require tenant to temporarily vacate for up to 30 days (at no cost to tenant) while the problem is fixed)

46

VA Distinctions: Rights in land differences?

time period for creation of prescriptive easement is __years. ___years for actions involving water and sewer systems

An easement will be terminated in VA (in addition to the usual ways) once ____________________________

VA calls Oral easements ______________ the rest of the country calls them "irrevocable licenses"

In VA a covenant not to compete, does not _____________ (unlike a majority of jdxs)

20; 10

the original purpose no longer exists

equitable easments

run with the land

47

VA Distinctions: Adverse Possession

Time Period:

Mineral Rights: if mineral rights have been severed from the surface rights, ____________

Hostile requirement:

Disability: if one co-tenant is under ___ it will not prevent the statute from running against the other co-tenant. No disability is allowed to extend the stat period beyond _____________

Time Period: 15 years (25 years for church property)

Mineral Rights: ....AP will not give title to the mineral rights underground

Hostile requirement: family members cannot meet the hostility requirement, as it is always assumed they have permission

Disability: 18; 25 years after AP begins

48

VA Distinctions: Conveying Marketable Title

If vendor does not own the amount of acreage specified in contract, buyers right to claim breach of contract depends on whether sales was:

IN Gross, no breach, acreage named in contract is ignored

or

Per Acre, then covenant is breached if seller cannot deliver on contract.

49

VA Distinctions: Sellers Liability for Defects on Property -

A seller of 1-4 dwelling units must disclose the physical condition of the property under contract, or must say that the property is being conveyed "as is"

50

A VA statute provides that in the sale of any new dwelling, vendor warrants building is ______________, constructed in a _____________, and ____________(condos not included) __year warranty. __ year SoL once defect appears.. notifying vendor will toll the period for __months.

1) free of structural defects

2)workmanlike manner

3) fit for habitation

1;2; 6

51

What is the type of deed most frequently seen in VA?

Statutory Special Warranty Deed - the seller warrants only that the seller herself has done nothing to create a title defect.

52

VA Distinctions: Defective Deeds?

Deed to a dead person is void; however, doctrine of equitable conversion will allow deed to be made to the dead persons estate.

53

What is the recording statute of VA?

VA is codfied as a notice statute, however, recent supreme court case Duty v. Duty, subsequent BFP has to be the first to record

54

How do you record a deed in VA?

must be acknowledged by the grantor OR proved by 2 witnesses, recording is not necesarry to pass title.

55

What about Inquiry Notice in VA?

VA does NOT recognize inquiry notice.

56

In a VA Deed of Trust, trustee who sells a property after buyer defaults, may first apply proceeds to _____________+__________________

discharge expenses of executing trust

reasonable commission to trustee

57

VA Distinctions: Security Interests in Real Estate: Mechanics and Materialmen's lien:


Mechanic and Materialmen's lien: must be filed in the clerk's office where porperty islocated no later than 90 days from the last day of the month in which the material labor was furnished. A suit to enforce mus be brought within the later of 6 months or 60 days after work was completed

58

Virginia Follows the _____theory for possession?

IN Va what is the SoL on enforcing a mortgage deed after last payment is due?

VA follows lien theory for possession before

SoL - A mortgage or deed of trust can be enforced for 10 years after last payment is due. Death of mortgagee tolls SoL for 1 year.

59

What generally occurs when a mortgagee transfers a promissory note without a written assignment of the mortgage?

mortgage follows the note

60

What does it mean for a grantee to assume a mortgage?

grantee becomes primarily liable

61

Under which theory can the mortgagee take possession of the mortgaged property upon the mortgagor’s default?

Title theory or the intermediary theory (not the lien theory) UNder lien theory mortgagee holds a security interest and mortgagor is considered owner until foreclosure.

62

For which type of security interest in land does the debtor transfer title to a third party acting on behalf of the lender?

Deed of Trust

63

In general, a party who fails to tender performance on the closing date:

Has a reasonable time after the closing date to tender performance

64

When may a mortgagor redeem her land in equity?

Before foreclosure

65

As between two mortgages, what is the effect on the junior mortgage when the mortgagor accepts an advance of funds from the senior mortgagee?

The junior mortgage is given priority over the advance if the advance was optional

66

Courts will generally NOT presume what regarding delivery and acceptance of a deed?

A grantee's return of a deed is a reconveyance to the grantor

67

A deed must contain...

words of grantors intent

68

What are essential terms of a land sale contract under SoF?

1) ID of parties
2) description of property
3) price and manner of payment if agreed upon

69

A party who fails to tender performance on the closing date.....

has a reasonable time after the closing date to tender performance

70

In Virginia, under which of the following circumstances would a seller obtain an equitable vendor's lien in the property sold?

When the buyer pays part of the purchase price but becomes insolvent before closing.

71

There is a ____________________ year statute of limitations on the right to foreclose, and the death of the mortgagee tolls the statute for ____________________ year(s).

10;1

72

M borrows $3,000 from E. The deed of trust indicates that Blueacre shall be security for the $3,000 and any additional money lent up to $10,000. The final clause referencing the $10,000 is an example of:

Future Advances Clause

73

If a mortgagee brings an action alleging waste, what is the standard that a court will employ to determine whether the mortgagor should be enjoined?

The mortgagee can enjoin the mortgagor if the mortgagor’s act would substantially affect the mortgagee’s security.

74

What are the LLs options when a tenant continues to occupy after termination of a previous tenancy?

2 options:
1)treat as trespasser and evict OR
2)bind tenant to new periodic tenancy of same terms held previously. (if previously a year to year, than renew under a year to year.

75

What is constructive annexation?

occurs when an article of personal property (an "accession") becomes an INTEGRAL PART of the property, even though it is NOT PHYSICALLY ANNEXED to the property, in the same sense that a fixture becomes an integral part of the realty. (think organ bench and bench that is bolted to the floor)

76

In a land sale contract, when will time be considered, "of the essence"

In general, courts presume that time is not of the essence in real estate contracts. Thus, the closing date stated in the contract is not absolutely binding in equity, and a party, even though late in tendering his own performance, can still enforce the contract if he tenders within a reasonable time. (One to two months is usually considered reasonable.) Time will be considered of the essence only if: (i) the contract so states, (ii) the circumstances indicate it was the parties' intention, or (iii) one party gives the other notice that he desires to make time of the essence.

77

I s a title w/encumbrances at closing umarketable?

Not neccesariy. In a contract for the sale of real property, the seller of the land is entitled to use the proceeds of the sale to clear title if she can ensure that the purchaser will be protected. The seller's offer to escrow the funds in this case should act as such guarantee.

78

When is a LT permitted to commit waste?

when "Changed conditions" have made destruction (waste) reasonably necessary

79

what is the remedy for when 2 co-tenants in common are squabbling over land usage and cant come to an agreement?

remedy of partition will terminate the co-tenancy and divide the common property.

80

What will happen to a tenant who wrongfully holds over after his lease has expired?

LL has 2 choices:
1) treat as tresspasser and sue for damages OR
2) impose a new periodic tenancy on the holdover tenant (rent and other terms will generally be the same HOWEVER, if LL told tenant of new higher rent rate BEFORE expiration of old lease, he will be held to that)

81

How are easements by perscription different from adverse possesion.

NO exclusion requirement (can share with someone else) -

82

When is adverse possesion ALSO marketable -

Once AP is satisfied, must bring action to Quiet Title. Then, good title.

83

in VA Real Property, when can a party take an unlawful detainer action?

A) Available in Circuit courts and GDCs, summary procedure used to recover possesion.
B) Landlord remedy against a tenant
Action lies when
1) any forcible entry is made on lands OR
2) the entry was lawful and peaceable, but the tenant detains possession of land after his right has expired, without the consent of the person who is entitled to possession.

84

inVA Real Property, when can a party take a partition action?

VA code gives jdx to any court having general equity jdx.
Requires co-tenants (tenants in commong, JTs, co-parcener, executor with power of sale, or any creditor with lien of undivided interest)

85

in Real Property, when can a party take an ejectment action?

Available only in CCs. Action is to try title and obtain possession to a piece of land.
Venue is proper where th land or any part thereof lies.
To bring action P must be out of possession of land,
to succeed P must show superior right to possession

86

in Real Property, when can a party take a bill of quiet title action?

action in equity to remove a cloud of title (this action will not give you possession or damages)
P does not have to be in possession to uphold this action
cannot be used as a substitute for ejectment (cannot be brought in equity court)

87

in Real Property, when can a party take an Declaratory Judgement action?

action to obtain a declaration of right with ot without consequential relief.
An actual controversy must exist
can be legal or equitable claim in circuit court.

88

What does it mean for a deed to be "delivered"?

not necessarily physical delivery, grantor must have taken some action, with intent that it pass title immediately. - Recording a deed before a notary, is such an action

89

What is a contingent remainder, what does it follow?

- REMAINDERS ALWAYS FOLLOW LIFE ESTATES - will be contingent if if its taking is subject to a condition precedent.

90

When are holdover tenants NOT held to the same terms and conditions as the previous lease?

In residential leases, most courts would rule that the tenant is a month-to-month tenant, irrespective of the term of the original lease. In commercial leases, where the original lease was for a year or more, year to year tenancy results from holding over.

91

What is a weird scenario where a security interest can become junior to a subsequent mortgage?

If the junior mortgage is a BFP, and the prior lender DID NOT RECORD, than the junior is a BFP because they didn't have notice AT THE TIME OF CONVEYANCE and therefor become senior to the prior mortgage. Look out for senior mortgages who record AFTER conveyance, they are still junior if BFP records after

92

What is the covenant of quiet enjoyment and when is it breached?

There is implied in every lease a covenant that neither the landlord nor someone with paramount title will interfere the tenan't quiet enjoyment and possession of premises. The covenant is breached by actual eviction, which offurs when the tenant is excluded from teh entire leased premises. (also duty to provide actual possession majority view)

93

When must a tenant remove annexed chattels?

Trade fixture can be removed only Before termination of the tenancy, otherwise they become property of the landlord.

94

What is the rule regarding seecurity interests in affixed chattels?

purchase money security interest in an affixed chattel prevails over prior mortgage of the land as long as it is recorded within 20 days.

95

If an absolute deed is given as a security mortgage, courts will typically treat this as_______

an equitable mortgage. Thus, the "creditor" would have to initiate foreclosure proceedings and would not be able to move in and take possession.

96

Title obtained by adverse possession is ____________ for purposes of selling land

not marketable

97

Does a covenant requiring recylcing, "touch and concern" the land?

No. recylcing does not directly benefit the other landowners in the use and enjoyment of their land

98

In partial condemnation cases, does a taking that economically effects a tenant's business break the tenant/landlord relationship?

NO, but the tenant would be entitled to part of the condemnation award

99

If a landowner conveys a buliding subject to a mortgage, and coveys to son for life and then to grandaughter remainder in fee simple. After son takes, Who pays the mortgage?

son is responsible for interest payments, and GD is responsible for principal. Life tenants do not have to pay anything on principal of debt

100

Is there anything a qualified administrator needs to do in order transfer ownership of estate property through intestacy?

Doesn’t need to do anything. A qualified administrator has already filed the AFFIDAVIT with the list of the HEIRS required by statute. – All other interests descend automatically to the heirs by OPERATION OF LAW upon decedent’s death.

101

What is a special warranty deed?

grantor warrants only that he did not personally create any title defects.

102

If a builder mistakenly builds a house a neighbors property and does not live there long enough to take by AP, what are the neighbors rights in the property?

TRESSPASSERS ANNEXATION ON THE PROPERTY OF ANOTHER ARE LOST TO THEM.
The neighbor is entitled to retain the building erected by the landowner and can also recover the resonable rental value fo the landowner's use and possession of the property. Landowner was a tresspasser.

103

How to prove a prima facie case of partition in kind?

division of property must be:
1) convenient, practicable, and in the best interests of the parties.

2) interests of the co-owners will be promoted by a sale in whole or in part.

3) Majority of co-owners may not insist on a sale against the will of any of their fellow co-owners

104

If partition in kind can be equitably and conveniently made by the division into separate parcels and one co-owner wishes to do so, the court cannot order

a partition by sale. Even if the owners of a majority of the interest want to sell and split. Cannot insist on sale against the will of any of the co-owners.

105

What is a profit?

a non-possessory interest in land, allowing the grantee to enter on the land and remove resources (game, fish etc). Profit can be coveyed from the original grantee to a 3rd party

106

In VA land sale contracts, what is Caveat Emptor?

A defense to fraud, buyer must be aware and take steps to protect himself.

107

What is the doctrine of "Merger by Deeds"?

When the sales transaction is legally completed by a proper closing. The doctrine of merger by deeds MERGES the terms of the l/s contract into the deed. The effect of that merger is that the CONTRACT IS EXTINGUISHED, and the vendee is LEFT WITH ONLY REMEDIES UNDER THE DEED of conveyance, not the contract.

108

A homeowner conveyed her home “to my
friend for life, and then to my brother’s heirs.”
The brother had a young child at the time of the conveyance. Subsequently, the friend died. The brother and his minor child are still alive. The jurisdiction has abolished the common law rule of destructibility of contingent remainders.

Who owns the home?

The homeowner and her heirs would take
the home until the brother died.

109

When would an encumbrance that is not, mentioned in the contract, not make the title unmarketable.

A BENEFICIAL easement that was VISiBLE or KNOWN to the buyer does not constitute an encumbrance

110

What type of proceeding should you commentce and what relife should you seek on behalf of a landowner, whose property is being encroached on by a neighbors porce by 5 feet?

An action seeking an injunction to remove tthe encroachment OR enjoin the trespass should be filed in VA CC.

111

If court orders an injunction against a party in an encroachment suit, but the party does not comply, how must action can the party seeking to enjoin take?

Party seeking to enjoin may have adverse party CITED FOR CONTEMPT or appear to court to show cause. Judges may issue attachment for contempt and punish party summarily.

112

If two co-owners of a proeprty in JTw/ROS jointly agree to sell, is the RoS severed?

NO. Only if one wants to sell their interest is it severed

113

Can a deed in a condo unit prohibiting the unit be subleased for any reason be enforceable?

YES. because reasonable restraints on alienation are enforceable

114

what would trump the priority order for purposes of a notice statute?

The execution of a subordination agreement

115

Does a covenant restricting assignment also restrict subleases?

NO. and vice versa is also true.

116

If a landowner enters into a modification agreement with the senior mortgage, raising its interest rate or otherwise making the agreement more burdensome, the junior mortgage__________________________

will be given priority over the modification amount.

117

Oral easements are______NOT______because they ________________

licenses;
easements;
violate the Statute of Frauds

118

If a company has a property right to enter land and remove minerals from a property this is called an__________; and the company ____entitled to compensation in the event the property is taken by eminent domain.

exclusive profit

119

Once a lessee assigns his tenancy to a third party, the asignee has________; the lessee _________; however if the tenancy is turned over to a Sublessee, the sublessee________

privity of contract w/ the landlord; also has privity of contract with the landlord; is not in privity of contract with landlord

120

What will the courts look to when a mortgagor is trying to prove ab equitable mortgage that was cloaked as a deed absolute?

1) retention of possession by the grantor
2) consideration given
3) covenants by the grantor to buy the property back; AND
4) antecedent debt owed to the grantee

121

A purchase money mortgage arises where__________it has the effect of____________

the grantor sells property to the purchaser on credit.

Even if not recorded, a PMM will prevail over the purchaser's prior judgment creditors.

122

Define Fixture?

a CHATTEL, that has been so AFFIXED to the LAND that it has CEASED BEING PERSONAL PROPERTY AND HAS BECOME PART OF THE REALTY

123

Trade fixtures can be removes so long as:

-1) They are removed prior to the termination of the lease, and
2) removal does not cause substantial damage to the property