Real Property

Question 1

Defeasible fees and their future interests

Answer 1

Fee simple determinable—possibility of reverter

Fee simple subject to a condition subsequent— right of entry

Fee simple subject to executory interest—executory interest

Life estate— reversion

Question 2

Affirmative waste

Answer 2

Waste caused by voluntary conduct, which causes a decrease in value

Question 3

Permissive waste

Answer 3

Waste caused by neglect toward the property, which causes a decrease in value.

Question 4

Ameliorative waste

Answer 4

Special situation where a life tenant or other person in possession changes the property and actually increases the value of the property.

Question 5

Rule against perpetuities applies to what?

Answer 5

Contingent remainders
Executory interests
Class gifts subject to open

Question 6

Vested remainder requirements

Answer 6

1. Given to an ascertained grantee and
2. Not subject to a condition precedent

Ex: o conveys blackacre to Anna for life then to Ben.

If holder of a vested remainder dies, interest passes to the holders heirs

Question 7

4 unities for joint tenancy (PITT)

Answer 7

Possession
Interest
Time
Title

Question 8

Constructive eviction elements

Answer 8

Premises were unusable for intended purpose

Tenant notifies landlord of problem

Landlord does not correct problem and

Tenant vacates premises after reasonable time has passed

Question 9

Implied easement

Answer 9

If the owner of two parcels of land previously used one parcel to benefit the other, a court may find that, upon transfer of one parcel (ex: by sale), the parties intended the use to continue if that use was continuous, apparent or known and reasonably necessary to the dominant land’s use and enjoyment

Question 10

Future advance mortgage priority

Answer 10

Obligatory payments under a future advances mortgage paid out after a junior lender remits its loan amount and records its lien has priority over amounts loaned by junior lender remits