Real Property Flashcards

(13 cards)

1
Q

Types of defensible fees

A

Fee simple determinable
Fee simple subject to condition subsequent
Fee simple subject to executory limitation
Absolute restraint on alienation
Life estate

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2
Q

What are the future interests

A

Possibility of reverter
right of entry
Reversion

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3
Q

Requirements for adverse possession

A

Continuous
Open and notorious
Actual and exclusive
Hostile

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4
Q

Joint tenancy

A

Right of survivorship
Must have for unities— time, title, identical interest, possess
Can sever by selling or partitioning

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5
Q

Tenancy in common

A

Dividable descendible and alienable

Owns an individual part but right to possess the whole

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6
Q

What are the types of affirmative easements

A

By prescription I E adverse possession
Implication
Necessity
Grant - in writing

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7
Q

What is an easement appurtinent

A

Benefits dominant tenant
Two parcels dominant and servient tenement
Passes automatically with the dominant tenement

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8
Q

What are the ways to terminate an easement

A
Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
Prescription
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9
Q

What do you need for the burden of a covenant to run with the land

A

Writing
Intent
Touch and concern the land
Horizontal and vertical privity

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10
Q

What do you need for the benefit of a restrictive covenant to run with the land

A

Writing
Intent
Touch and concern the land
Vertical privity not horizontal

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11
Q

What is an equitable servitude and what do you need

A

Writing next line intent
Touch and concern
notice
No privity

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12
Q

What are the implied promises when conveying land

A

Marketable title
No material lies
No implied warranties

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13
Q

What are the six promises in a general warranty deed

A
Present covenants (owns the land, right to convey, no servitudes Orleans)
Future cabinets (quiet enjoyment warranty, further assurances)
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