Real Property Flashcards Preview

bar topics > Real Property > Flashcards

Flashcards in Real Property Deck (13)
Loading flashcards...
1

Types of defensible fees

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

2

What are the future interests

Possibility of reverter
right of entry
Reversion

3

Requirements for adverse possession

Continuous
Open and notorious
Actual and exclusive
Hostile

4

Joint tenancy

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

5

Tenancy in common

Dividable descendible and alienable
Owns an individual part but right to possess the whole

6

What are the types of affirmative easements

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

7

What is an easement appurtinent

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

8

What are the ways to terminate an easement

Estoppel
Necessity
Destruction
Condemnation
Release
Abandonment
Merger
Prescription

9

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

Writing
Intent
Touch and concern the land
Horizontal and vertical privity

10

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

Writing
Intent
Touch and concern the land
Vertical privity not horizontal

11

What is an equitable servitude and what do you need

Writing next line intent
Touch and concern
notice
No privity

12

What are the implied promises when conveying land

Marketable title
No material lies
No implied warranties

13

What are the six promises in a general warranty deed

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