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Feb Bar > Real Property > Flashcards

Real Property Flashcards

1
Q

Fee Simple Absolute

A

Potentially lasts forever
No direct restraints on transfer of ownership
- except valid first right of refusal

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2
Q

Fee Tail

A

Common Law- no longer modern presumption

Was device to lock property into grantee’s family “to A and his bodily heirs”

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3
Q

Life Estate

A

Never measured by time, only by life

Grantee’s life is measuring life

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4
Q

Life Estate Pur Autre Vie

A

Life estate measured by life of another
Modern rule; if life tenant dies before the measure life dies, life estate passes to estate o deceased life tenant and continues in place until the measureing life dies

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5
Q

Life estate restraints on alientation

A

Modern rule allows a provision that terminates the life estate if the life tenant attempts to convey away the life estate

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6
Q

Law of Waste

A

life tenant maintains the estate
maintain is both the maximum and minimum of what tenatn can do to land. maintain means tenant can continue normal use of land, whatever it may be

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7
Q

Voluntary waste

A

any affirmative action beyond maintenance that causes harm to premises

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8
Q

Permissive waste- Failure to maintain

A

Life tenant has obligation to make normal repairs but not replacement.
Repair obligation limited to amount of rents and profits received from land, or reasonable rental value if tenant is using the land
Life tenant must pay all taxes, same limitation as above. If they don’t pay could eliminate the future interest
Life tenant must pay interest on mortgage debt but not principal, subject to same limitation as above

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9
Q

ameliorative waste

A

alters property substantially but increases value of land-
if changed conditions have made property relatively worthless, life tenant can alter property with incurring liability to holder of future interest

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10
Q

Seisin

A

holder of seisin is the taxpayer

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11
Q

Reversion to grantor

A

reversion arises whenever grantor coveys less than full durational estate the grantor had

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12
Q

Possibility of reverter to grantor

A 
when grantor conveys a fee simple determinable- could always revert back to grantor.  
Magic Words:
so long as
while
during
until
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13
Q

Right of Re-entry in grantor

A 
Fee simple on condition subsequent 
title doesn't go back to grantor automatically, grantor must do something to take it back
Magic words:
provided-however
but if
on condition that
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14
Q

Vested Remainder in Grantee

A

Remainder is vested if nothing stands in way of it becoming possessory on th enatural expiration of preceding estate. Grantor keeps nothing.

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15
Q

Contingent Remainder in Grantee

A

when there is a condition that “b must survive a” or something like that. something must happen before b can possess property. Grantor keeps reversion.

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16
Q

Vested Remainder subject to Open

A

where remainder interest is conveyed to a group of unnamed persons whose members are not yet fully known, class remains open to allow for future persons, but closes on grantors or measuring life’s death

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17
Q

Executory interests

A

cuts short the estate that comes before it

But if, then to…

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18
Q

Rule against Perpetuities

A

no interest will be valid unless it must vest, if it is going to vest at all, withing 21 years after the death of some life in being who was alive at the moment the conveyance was made.
If conveyance violates RAP, just ignore everything that violates rule

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19
Q

Perpetuities Savings Clause

A

Basically walks the line of 21 years to save grant form violating RAP

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20
Q

Joint Tenancy

A

Must be present at time of creation:
Unity of time- must take at same time
Unity of Title- must take by same instrument
Unity of Interest- same amount and same kind of interest
Unity of Possession- identical rights of possession
Conveyance must specifically intend joint tennancy

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21
Q

Joint tenancy partition

A

Voluntary- Lines drawn and party seeking aprition is no longer a joint tenant and just owns their portion outright.

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22
Q

Joint tenancy Severance

A

Involuntary- occurs when any of four unities is dusturbed- like if someone sells their interest, but cannot be severed by will

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23
Q

Tenancy in Common

A

only unity of possession required- each co-tenant is entitled to possession of the whole of property.
Default presumption of tenancy.
Can always force partition, and no right of survivorship.

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24
Q

Tenancy by Entirety

A 
yes right of survivorship
no right of partition, not severable by unilateral act of one of co tenants
Can only be terminated by: Death
mutual agreement in writing
divorce
execution by joint creditor
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25
co-tenant accountability
co tenant does not have to account to another co tenant for his share of the profits, with four exceptions Ouster agreement to share lease of property by co tenant to third party depletion of natural resources
26
Tenancy for years
specified time- definite begining and end | anything over one year must be in writing
27
periodic Tenancy
repeating- estate rolls on and on until one party gives proper notice also includes holdover tenants to terminate, 2 criteria: 1: enough time, equal to length of period of tenancy (generally month to month) 2. effective date, must be at end of tenancy, can't terminate in 6 weeks it is month to month
28
Tenancy at will
either party can terminate at any time
29
Duty to maintain premises
tenants covenant to repair- tenant liable for everything, including wear and tear, unlesss agreement expressly excludes.
30
duties of landlord
deliver possession of the leased premises modern rule- implied warranty of habitability Implied coveneant of quiet enjoyment-
31
implied covenant of quite enjoyment
every lease includes the landlords' implied promise not to interfere with the tenants quite enjoyment of the leased premises. can be breached by one of the three types of eviction
32
Three types of eviction
total: landlord threw tenant off premises partial: landlord excludes tenant from only a part of property constructive: Landlord fails to provide a service he is required to provide, must be substantial interference to tenant, tenatn must give notice and reasonalbe time to repair, tenant must abandon in reasonable time.
33
assignment v. sublease
assignment- tenant transfers all lease. Sublease- tenant transfers a part of lease
34
Privity of estate
exists only between current tenant and current landlord
35
privity of contract
where there is an agrement between landlord and the particular tenant from whom the landlord seeks to recover rent
36
waiver of non-assignment clause
non-assignment clause generally enforceable, but if permission given onces it measn non assignment clause is waived altogether- unless landlord states otherwise at time of giving permission
37
partial condemnation
partial taking does not release tenant from full rent payment tenant will share in award equal to rent that was to be paid
38
Complete taking
Tenant does not hae to pay rent tenant will only share in award to the extent that fiar rental value of property exceeds the amount of rent due under lease
39
Latent Defects
Landlord Liable- under duty to disclose latent difects which landlord either knows or has reason to know
40
Short term Lease of furnished dwelling
Landlord Liable- Liable for defects, even if neither knows nor has reson to know of such defects- Less than 3 months is short term
41
Common Passageways under Landlord's control
Landlord Liable if failed to exercise reasonable care
42
negligent repairs undertaken by Landlord
Liable!
43
Public Use Exception
Liable! Landlord must know or should know of major defect Landlord must know or should know tenant will not fix defect landlord mus know or should know that public will be using premises
44
Tenant's tort liabilty
Tenatn always liable to third party invitee for negligent fialure to correct dangerous conditions on the leased premises.
45
Fixtures
``` Cannot be removed- Four factors Degree of attachment General Custom Degree of harm to premises on removal Trade fixtures- not considered fixtures ```
46
Easement Appurtenant
any time easement directly benefits the use and enjoyment of a specific parcel of land
47
Easement in Gross
No dominant estate, only one parcel of land involved- utility easement
48
Creating Easement
Express Grant Express reservation when selling land Must be in writing!!!!
49
Implied Easement
Must be previous use by common owner and: Continuous Apparent Reasonably necessary
50
Easement by prescription
``` Like adverse possession Musbe be adverse continuous and uninterrupted and last for statutory period visible and notorious without owners permission ```
51
Transfer of Easement w/ servient estate
Three ways successor in interest to servient estate may be put on notice Actual knowledge or notice constructive notice- arises from recorded in direct chain of title inquiry
52
termination of easement
Merger Deed of release- in writing and complies with deed formalities abandonment- must be manifested- non use not sufficient termination by estoppel prescription if created by necessity and necessity no longer there
53
License
Limited use privilged to use land in possession of licensor not prop interest contract of right
54
Profits
right to go onto land of another and take away a natural resource like easements
55
Enforce Restrictive Covenant
intent notice touch and concern the land privity-horizontal and vertical
56
Adverse Possession
``` Hostile Exclusive Lasting Uninterrupted Visible Actually- actually possesses ```
57
Disabilities w/ adverse possess
Infancy Incarceration Insanity if true owner is suffering from any of these at time period begins, clock for adverse possession doesn't start
58
Statute of Frauds
any contract for slae of an interest in real property mus be in writing and signed by one who is sued description of real prop names of parties price
59
Doctrine of Part Performance
Exception to statute of frauds if oral contract is certain and clear acts of partial performance clearly prove up existence of contract
60
Marketable Title
reasonably proven buyer would acccept- minor defects don't matter Proof of title free of encumbrances valid legal title as of date of closing
61
Execution of Deed
Must pass statute of frauds | Must describe land with sufficient accuracy
62
Delivery of Deed
Grantor just has to intend to deliver deed- doesn't have to actually do it Recording a good deed raises presumption of delivery Delivery must be accepted
63
Three Present Covenants of Title
Covenant of Seisen Covenant of Right to convey Covenant against encumbrances
64
Three future Covenants
Covenant of Quiet Enjoyment Covenant of Warranty Covenant of Further Assurances- mop up
65
Anti-lapse
modern rule- prevent lapse by allowing gifts to pass to certain relatives of predeceasing beneficiary
66
Mechanics of Recording
Court clerk files copy of deed in a book | Clerk indexes in Grantor index and Grantee index
67
Race
notice is irrelevant- rule is whoever rcords first keeps property
68
Race notice
Protects all subsequent grantees who are BFP for value who took without notice and are first to record.
69
Notice
protects BFPs for value who take wihtout notice.
70
Bona Fide Purchaser
purchaser for value who takes without notice- any consideration that is out of pocket is enough to be considered vlaue.
71
Riparian Rights
REfers to property that borders lake or stream can use all you need for domestic purposes but standard of reasoanble use for commercial uses.

Feb Bar (14 decks)

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