Real Property

Question 1

Requirements for creating joint tenancy

Answer 1

i) with each tenant has equal right to possess or use the property (unity of possession),

(ii) each tenant having an equal interest in the property (unity of interest),

(iii) at the same time (unity of time),

(iv) and in the same instrument.

Question 2

Requirements for creating joint tenancy

Answer 2

i) with each tenant has equal right to possess or use the property (unity of possession),

(ii) each tenant having an equal interest in the property (unity of interest),

(iii) at the same time (unity of time),

(iv) and in the same instrument.

Question 3

Easement by prescription elements

Answer 3

continuous, actual, open, and hostile use for a specific period (20 years in Virginia).

Question 4

Fee tail

Answer 4

Va has abolished fee tail…interest previously classified as fee tail is converted to a fee simple

Question 5

Are future interests transferrable?

Answer 5

Yes, all future interests are fully alienable

Question 6

SOl for cases of possibility of reverter or reentry

Answer 6

10 yrs

Question 7

What happens when contingent remainder is still contingent when preceding estate is terminated?

Answer 7

It is not destroyed but remains an executory interest until contingency occurs

Question 8

Does VA recognize Rule in Shelly’s case?

Answer 8

NO, abolished in va

Question 9

RAP

Answer 9

Va has adopted RAP

Question 10

Joint tenancy

Answer 10

Must explicitly state “with right of survivorship.”

Occurs where two or more persons own property with the right of survivorship. On the death of a joint tenant, that person’s interest terminates and the surviving joint tenants’ interests are accordingly increased. Where there is only one surviving joint tenant, that person owns the property outright upon the death of the other joint tenants.

Question 11

Murder/voluntary manslaughter by joint tenant of another joint tenant results in killer being treated as

Answer 11

having predeceased victim

Question 12

spouses may own real or personal property as tenants by the entirety for as long as

Answer 12

they are married

Question 13

To create a tenancy by entirety, couple’s interest must be described as

Answer 13

“joint tenancy w right of survivorshup” and individuals described as “a married couple”

Question 14

Does a right of survivorship exists in tenancy by entirety if not explicitly reserved?

Answer 14

Yes

Question 15

On divorce, tenancy by entirety is converted to

Answer 15

tenancy in common

Question 16

A deed conveying a tenancy by entirety w words of survivorship to parties who are not married creates a

Answer 16

joint tenancy w right of survivorship

Question 17

Improvements made by co-tenant

Answer 17

co-tenant is entitled to compensation for improvements made to jointly held property when that property is partitioned

Question 18

A ct may order partition of property if it considers the following

Answer 18

i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or in possession of the property who are or were related to the party

ii) a party’s sentimental attachment to any portion of the property

iii) lawful use being made of any portion of the property by a party and degree to which the party would be harmed if the party could not continue the same use of such portion of the property

iv) degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and

v) any other relevant factor

Question 19

Virginia Fair Housing Law prohibits discrimination on basis of

Answer 19

elderliness, sexual orientation, gender identity, and military status, or source of funds, including military benefits

Question 20

Landlord’s duty to notify re increase in rent

Answer 20

landlord who owns more than 4 dwelling units must provide written notice to any tenant who has the option to renew a rental agreement of any increase in rent during the subsequent rental agreement term.

Notice must be provided no less than 60 days before end of rental term agreement

Question 21

Duty to Pay Rent—Tenant’s Defense

Answer 21

tenant may assert defense of codition existed on leased premises that was serious threat to life, health, or safety of occupants.

Question 22

To prove safety defense tenant must prove

Answer 22

i) prior to commencement of action, landlord was served w a written notice of the condition by tendant but landlord has refused or failed to remedy the same within reasonable time;

ii) tenant, if in possession, has paid into ct amount of rent found by ct to be due and unpaid

Question 23

Landlord may answer defense by establishing alleged conditions

Answer 23

i) do not exist

ii) have been remedies

iii) were caused by tenant

iv) tenant unreasonably refused entry by landlord for purposes of correcting conditions

Question 24

Landlord cannot charge fee for late payment of rent unless the charge

Answer 24

i) is provided for in a written rental agreement and

ii) does not exceed 10% of periodic rent or 10% of balance due, whichever is less

Question 25

if tenant unjustifiably abandoned leasehold, then tenant is treated as having

Answer 25

made an offer to surrender his rights under the lease

Question 26

Landlord's duty to Mitigate

Answer 26

w respect to residential lease, landlord has duty to mitigate damages Does not have such duty in commercial leases when tenant abandons leased premises during the term of lease

Question 27

Landlord's duty to give possession

Answer 27

w respect to residental lease, landlord must give tenant actual possession w respect to commercial, landlord is only required to give legal possession (title?)

Question 28

If landlord willfully fails to deliver possession of dwelling unit to tenant, rent abates until possession is delivered and tenant may

Answer 28

i) terminate lease upon at least 5 days' written notice to landlord; or ii) demand performance of rental agreement by landlord

Question 29

Landlord must make reasonable repairs of premises if

Answer 29

i) condition in dwelling unit that constitutes noncompliance w the rental agreement or law, or condition constitutes a fire hazard or serious threat to life, health, or safety, and ii) tenant provides notice of condition in writing, landlord must make repairs w in 14 days of receiving notice

Question 30

Warranty of Habituality

Answer 30

landlord must i) comply w requirements of applicable building and housing codes materially affecting health and safety ii) make all repairs and do whatever is necessary to put and keep premises in a fit and habitable condition iii) keep all common areas shared by two or more multifamily dwelling units clean and structurally safe; iv) maintain in good faith and safe working order and condition all electrical, plumbing, sanitary, heating, ventialting, air conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him v) maintain premises in such condition as to prevent mold vi) supply running water and reasonale amounts of hot water at all times and reasonable air conditioning if provded and heat in season except when dwelling unit is so constructed that heat, air conditioning or hot water is generated by an installation within the exclusive control of tennat or supplied by a direct public utility connection; vii) maintain carbon monoxide alarms

Question 31

If a landlord willfully or negligently fails to supply heat, running water, hot water, electricity, gas, or other essential services, then the tenant must

Answer 31

serve written notice on landlord identifying the breach and give landlord a reasonable time to cure

Question 32

essential services: if landlord fails to correct deficiency within a reasonable time, tenant may

Answer 32

i) recover damages based on diminution in fair rental value of dwelling unit; or ii) move into substitute housing , in which case tenant is excused from paying rent for period of landlord's noncompliance

Question 33

If, at the beginning of the tenancy, a condition exists in a dwelling unit that constitutes a fire hazard or serious threat to life, health, or safety (including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities), the tenant is entitled to

Answer 33

terminate rental agreement and receive full refund of all deposits and rent paid to landlord, so long as tenant provides landlord w written notice of intent to terminate the rental agreement within 7 days of date on which tenant was to have taken possession of unit

Question 34

Unless landlord asserts lessee's termination was unjustified, landlord must refund all deposits and rent paid by tenant to tenant within

Answer 34

i) 15 biz days following day on which termination notice is delivered to the landlord or ii) tenant vacates dwelling unit, whichever is first

Question 35

Landlord may demand up to ___ months security deposit

Answer 35

2 months

Question 36

How long does landlord have to provide itemized list of any deductions or charges taken from the security deposit, and balances owed to tenant

Answer 36

45 days

Question 37

Dual agent serves as

Answer 37

buyer and seller of real property...Va permits this

Question 38

Equal dignities rule requires

Answer 38

K to pay a commission to real estate agent/broker to be IN WRITING bc underlying K to sell real property must be in writing

Question 39

Defense of Part Performance to agreement not complying w SOF, D must show

Answer 39

i) agreement was certain and definite in its terms ii) acts proved in part performance "refer to, result from, or were made in pursuance of agreement" and iii) refusal to execute K would constitue fraud upon the party

Question 40

Oral modification of K subject to SOF

Answer 40

VA does not permit oral modification of K subject to SOF

Question 41

There is an implied warranty of fintness in sale of any dwelling except

Answer 41

condos

Question 42

Implied warranty of fitness of dwellings provides that

Answer 42

dwelling is free of structural defects and fit for habitality

Question 43

How long does Warranty of dwelling's fitness extends for? What is SOL for bringing such claim?

Answer 43

1 yr and there is a 2 yr sol for filing suit once defect is discovered

Question 44

If there is a breach of dwelling's fitness, buyer must

Answer 44

give notice to seller, who then has a reasonable time (6 months) to cure defect.

Question 45

How long does Implied warranty for structural defects for condos extend for?

Answer 45

2 years

Question 46

seller of a residence has a duty to disclose

Answer 46

all known material physical defects to the buyer. Defect must not be readily observable or known to buyer. To be material defect must substantially affect value of residence, impact health or safety of a resident or affect desirability of residence to the buyer.

Question 47

Virginia effectively requires the seller of residential real property to inform the buyer of

Answer 47

caveat emptor rule

Question 48

Caveat emptor notice must include statement that

Answer 48

“The owner makes no representations or warranties as to the condition of the real property or any improvements thereon . . . and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection.”

Question 49

Merger

Answer 49

obligation contained in the contract of sale re title are not merged into the deed and cannot thereafter be enforced unless the deed contains the obligation

Question 50

the doctrine of merger only applies to

Answer 50

obligations in a K that relate to title or are addressed in the deed...even when k itself specifically states that obligation will not merge into the deed.

Question 51

Is a closing statement reflecting the parties' contractual agreement and placing dollar values on agreed to terms considered a deed?

Answer 51

Doc of merger does not apply to a closing statement, and does not supersede the K

Question 52

Collateral Agreement

Answer 52

K made in connection w sale of property, does not affect title, is not addressed by deed and does not conflict w deed.

Question 53

Result if agreement meets requisites of collateral agreement

Answer 53

it is not merged into the deed and survives the execution of the deed.

Question 54

Risk of Loss

Answer 54

risk of loss falls n buyer after execution of the K for sale...

Question 55

Risk of Loss exception

Answer 55

conditions not anticipated by either party (change in property zoning) can lead a CT to refuse to enforce the K

Question 56

Residential Executory real estate K is

Answer 56

an installment land K, lease option K or rent-to-own k by which a purchaser i) acquires any right or interest in real property other than a right of first refusal, and ii) occupies or intends to occupy the property as his primary residence

Question 57

Purchaser under residential executory real estate K must be given right to

Answer 57

exercise the option to purchase the property at any time before the option expires, and no fee or penalty may be charged to the purchaser who exercises the option at an earlier time than anticipated under the K

Question 58

Adverse posession period of posession

Answer 58

possession must be continuous and uninterrupted for 15 years

Question 59

Disibility will not extend statutory period of adverse possession beyond

Answer 59

25 yrs after adverse p began....if co-tenant is under disability, the applicable SOL will still run against other co-tenants who are not under disability

Question 60

Can child adversely possess parent's property?

Answer 60

no...presumption that child is on land w permission and therefore not hostile UNLESS there is clear, definite, or unequivocal notice of the child's intention to assert exclusive ownership

Question 61

co-tenant cannot obtain an interest of another co-tenant by adverse possession unless

Answer 61

co-tenant gives actual or constructive notice of intent to oust

Question 62

Adverse Poss: when co-tenant transfers his interest to a new co-tenant by conveyence that, on its face, purports to give the new co-tenant sole possessioj of the property, then the new co-tenant may adversely possess the interests of the other co-tenants by

Answer 62

possession of the property for the 15 yr stat period

Question 63

Can surface owner adversely possess mineral rights by possessing the surface after a severance of the surface and mineral rights?

Answer 63

No

Question 64

When property is held by a life tenant with the remainder interest held by remaindermen, an adverse possessor who occupies the property for the statutory period acquires title against

Answer 64

the life tenant but not as against the remaindermen... stat period for adverse possession against remaindermen begins to run when life tenant dies

Question 65

Requirements for recording a deed

Answer 65

Grantor must acknowledge it, or it must be proved by two witnesses for it to be recorded.

Question 66

Va's recording statute reads as a

Answer 66

Notice statute, but SC has found no error in conclusion that it is a race-notice

Question 67

Is possession of property by person other than grantor sufficient to put subsequent purchaser on notice?

Answer 67

Although VA recognizes inquiry notice, mere possession does not satisfy this. Need more evidence that possessor has title to property such as a reference in chain of title

Question 68

Estoppel by deed

Answer 68

grantor who conveys an interest in land by warranty deed before actually owning it is estopped from later denying effectiveness of deed

Question 69

Is the effectiveness of estoppel by deed limited to grantor and grantee?

Answer 69

Yes

Question 70

Effect of Words "w general warranty"

Answer 70

creates covenant created by grantor that she, her heirs, and her personal representatives will forever warrant and defend such property unto the grantee, his heirs, and his personal representatives & assigns against the claims and demands of all persons whomsoever.

Question 71

English covenants of title

Answer 71

i) That the grantor is seized in fee simple of the property conveyed (covenant of seisin); ii) Of the right to convey; iii) To be “free from all encumbrances”; iv) Of “no act to encumber” by the grantor; v) Of further assurances; and vi) Of quiet possession (i.e., covenant of quiet enjoyment).

Question 72

Special Warranty deed purports that

Answer 72

seller only warrants he has not created any defects in title

Question 73

Uniform real property transfer on death act

Answer 73

individual may transfer real property to one or more beneficiaries effective on individual's death. Deed transferring ownership upon individual's death must be recorded during transferor's lifetime and not revoked

Question 74

Exoneration of liens in VA

Answer 74

Unless contrary intent is clearly set out in will, a specific bequest or devise passes w/o the right of exoneration and thus remains subject to any mortgage, security interest, or other lien existing at date of testor's death.

Question 75

Deed of trust: Trustee may first apply any proceeds from sale of property after a buyer defaults to

Answer 75

expenses incurred executing the trust, including a reasonable commission to the trustee

Question 76

When must Mechanic's lien be filed

Answer 76

Within 90 days of last day of the month in which labor was performed

Question 77

Judgment lien becomes a lien on judgment debtor's real property when

Answer 77

it is recorded on judgment lien docket of the clerk's office of the county or cty where land is situated....

Question 78

Judgment creditor may execute judgment by

Answer 78

levying on such real property

Question 79

Persona liability of mortgagor: can P file action against mortgagor w/o requiring mortgagee to first proceed against property?

Answer 79

Yes

Question 80

Deed of trust or mortgage is regarded as a

Answer 80

security interest for underlying debt

Question 81

When is mortgage transferred w debt?

Answer 81

whenever the debt is transferred the deed of trust or mortgage is transferred w debt

Question 82

Who may enforce a deed of trust?

Answer 82

a beneficiary of the underlying debt, and no person w/o an interest in the debt has authority to foreclose

Question 83

Ejectment action

Answer 83

used for determing who has title to land

Question 84

Unlawful detainer/ unlawful entry

Answer 84

used in dispute re possession (usually btwn landlord and tenant)

Question 85

easement in gross

Answer 85

legal right of indidual to use somone else's land for specific purpose and w/o owning it

Question 86

Easement appurtenant

Answer 86

right attached to piece of land (dominant estate) to use neighboring land (servient estate_ for specific purpose. Real property interest tied to land, not individual owner.

Question 87

An easement expressly granted for the benefit of utility services shall be deemed for all purposes to

Answer 87

touch and concern servient tract, run w the servient track, its successors, and assigns for benefit of entity providing utility services, its successors and assigns.

Question 88

negative easement

Answer 88

restriction is put on property

Question 89

negative easement by estoppel arises when

Answer 89

servient estate owner makes representations that dominant estate owner relies on to their detriment..

Question 90

Easement by Necessity

Answer 90

1) dominant and servient estates were derived from common title 2) easement is reasonably necessary to the enjoyment of the dominant estate 3) dominant estate became landlocked by at time of severance of two estates and there is no means of ingress and egress other than over servient estate

Question 91

Easement by implication

Answer 91

where grantor conveys land by deed describing it as bounded by a road or street, he implies that such way exists, and that grantee acquires benefit of it

Question 92

easement by prescription SOL

Answer 92

20 yrs

Question 93

Easement by Estoppel

Answer 93

Good-faith, reasonable, detrimental reliance on permission by a servient estate holder to make a limited use of her property can create an easement by estoppel if necessary to prevent an injustice.

Question 94

What happens when original purpose for which easement was created no longer exists?

Answer 94

Easement is terminated

Question 95

An irrevocable equitable easement can arise when

Answer 95

an attempt is made to create a license and then licensee changes his position

Question 96

Does a covenant not to compete run with the land?

Answer 96

No, however, it can be enforced in equity as a personal covenant against the grantee and any others who take title w/ knowledge of its existence

Question 97

Common elements of condominium include

Answer 97

all parts of the condo other than the living units

Question 98

Who has standing to sue for claims or actions related to common elements of condo

Answer 98

Only condominium owners' association, owners of the condo units do not have such standing

Question 99

A single family zone (zoning) unit includes

Answer 99

foster home, family care home, or group home where up to eight mentally or physically impaired people reside along w staff

Question 100

Landowner may fend off surface water as a

Answer 100

common enemy; however, he may not needlessly or negligently injure property of another

Question 101

To impose liability for undermining lateral or subjoining support on adjoining land, p must show

Answer 101

damage to his property

Question 102

Covenant of quiet possession is a promise that

Answer 102

grantee will hold and enjoy the land free from any interruption, claim or demand by anybody, and that grantor would indemnify and save grantees harmless against any and every charge or encumbrance

Question 103

Is a lwfully adopted zoning ordinance an encumberance?

Answer 103

No

Question 104

Is an unenforced judicial lien an encumberance that would violate the Covenant against encumberances?

Answer 104

No, so long as judgment is unenforced, no actual damages are incurred by buyer unless he discharges the lien or suffers damages as a result of the judgment creditor's enforcement of the lien.

Question 105

Doctrine of mutual mistake: ct may give relief where

Answer 105

there has been an innocent omission or insrtion of a material stipulation, contrary to the inten of both parties

Question 106

Doctrine of merger only applies to

Answer 106

subject matter specifically covered by deed...not to provisions collateral to passage of title.

Question 107

Doctrine of merger: closing statement

Answer 107

closing statement does not extinguish a purchase K....thus, the purchase k and its provisions concerning allocation of real property taxes survive

Question 108

Deed may validly convey real property by inter vivos gift so long as there is

Answer 108

i) donative intent ii) delivery and acceptance

Question 109

Deeds must be

Answer 109

1) in writing 2) signed by grantor and reasonably identify 3) the parties and land

Question 110

SOF suretyship

Answer 110

no action concerning an agreement shall be brought against any person upon a promise to answer for the debt, default, or misdoings of another, unless that agreement is in writing and signed by party to be charged or his agent.

Question 111

Is a grantee who assumes an existing mortgage a surety?

Answer 111

No

Question 112

Does parole evidence rule apply to deeds?

Answer 112

Yes

Question 113

Parole evidence is inadmissible to

Answer 113

vary or contradict a complete and unambiguous written instrument

Question 114

Is partition in kind possible for residential real property?

Answer 114

No...law does not contemplate dividing home in half bc it would be impracticable

Question 115

General warranty deed covenants against

Answer 115

title defects that either grantor or his predecessors created

Question 116

Covenant of quiet possession

Answer 116

grantee can peaceably and quietly hold and possess property w/o demand or claim to property from a 3rd party.

Question 117

Covenant of Further Assurances

Answer 117

covenant to execute deeds or otherwise take action to perfect title if necessary

Question 118

Covenant against encumbrances assures that

Answer 118

there are no encumbrances against title or interest in the property

Question 119

General warranty deed warrants against defects in ____ not ___

Answer 119

defects in title, not conditions on property