Real Property

Question 1

Fee simple absolute language to create

Answer 1

“To A and his heirs”

“To A”

Question 2

Fee simple absolute duration

Answer 2

Absolute ownership of potentially indefinite duration

Question 3

Fee simple absolute transferability

Answer 3

devisable, descendible, alienable

Question 4

Fee simple absolute future interest

Answer 4

none

Question 5

Fee tail language to create

Answer 5

“To A and the heirs of his body”

Question 6

Fee tail duration

Answer 6

Lasts only as long as there are lineal descendants of grantee

Question 7

Fee tail transferability

Answer 7

passes automatically to grantee’s lineal descendants

Question 8

Fee tail future interest

Answer 8

Reversion (if held by grantor); Remainder (if held by 3rd party)

Question 9

Defeasible fee: fee simple determinable language to create

Answer 9

“To A so long as…”
“To A until…”
“To A while…”
(any language that says when stated event happens, land reverts to grantor)

Question 10

Defeasible fee: fee simple determinable duration

Answer 10

Potentially infinite so long as event does not occur

Question 11

Defeasible fee: fee simple determinable transferability

Answer 11

alienable, devisable, descendible, subject to condition

Question 12

Defeasible fee: fee simple determinable future interest

Answer 12

Possibility of reverter (held by grantor)

Question 13

Defeasible fee: fee simple subject to condition subsequent

Answer 13

“To A but if X event happens, grantor reserves right to reenter and retake” Grantor must carve out reentry right

Question 14

Defeasible fee: fee simple subject to condition subsequent duration

Answer 14

Potentially infinite so long as condition is not breached and thereafter until holder of right of entry timely exercises termination power

Question 15

Defeasible fee: fee simple subject to condition subsequent transferability

Answer 15

alienable, devisable, descendible, subject to condition

Question 16

Defeasible fee: fee simple subject to condition subsequent future interest

Answer 16

Right of entry/power of termination (held by grantor)

Question 17

Defeasible fee: fee simple subject to an executory limitation

Answer 17

“To A but if X event occurs then to B”

Question 18

Defeasible fee: fee simple subject to an executory limitation duration

Answer 18

Potentially infinite so long as stated contingency doesn’t occur

Question 19

Defeasible fee: fee simple subject to an executory limitation transferability

Answer 19

alienable, devisable, descendible, subject to condition

Question 20

Defeasible fee: fee simple subject to an executory limitation future interest

Answer 20

Executory interest (held by 3rd party)

Question 21

Life estate language to create

Answer 21

“To A for life” “To A for the life of B”

Question 22

Life estate duration

Answer 22

Measured by life of transferee or other life (pur outre vie)

Question 23

Life estate transferability

Answer 23

Alienable, devisable and descendible if por autre vie and measuring life is still alive

Question 24

Life estate future interest

Answer 24

Reversion (if held by grantor); remainder (if held by 3rd party)

Question 25

Devisable definition

Answer 25

can it pass by will?

Question 26

Descendible definition

Answer 26

Will it pass by statutes of intestacy if its holder dies intestate?

Question 27

Alienable definition

Answer 27

Is it transferable inter vivos or during holder’s lifetime?

Question 28

Promissory restraint

Answer 28

Grantee covenants not to transfer the property

Question 29

Disabling restraint

Answer 29

any attempted transfer of property is ineffective

Question 30

Forfeiture restraint

Answer 30

If grantee attempts to transfer the property it is surrendered to another person

Question 31

Periodic tenancy

Answer 31

continues from period to period until terminated by proper notice by either the landlord or the tenant. If a lease is invalid (e.g., because it does not satisfy the Statute of Frauds), but the tenant nonetheless pays rent periodically, those payments will create a periodic tenancy by operation of law.

Question 32

Tenancy at sufferance

Answer 32

arises when a tenant wrongfully remains in possession after the expiration of a lawful tenancy, and it lasts only until the landlord takes steps to evict the tenant.

Question 33

Tenancy at will

Answer 33

continues only until the landlord or the tenant gives notice and time to quit. Although a tenancy at will can arise when a tenant goes into possession under an invalid lease, periodic rent payments will convert this into a periodic tenancy. Can be terminated at will of either tenant or landlord (note: life estate determinable can only be terminated by tenant)

Also terminates if:

1. Either party dies;
2. The tenant commits waste;
3. The tenant attempts to assign his tenancy;
4. The landlord transfers her interest in the property; or
5. The landlord executes a term lease to a third person.

Question 34

tenancy for years

Answer 34

tenancy that continues for a fixed period of time. It generally is created by a written lease with either a stated termination date or a set duration.

Question 35

Is the chattel installed by landlord a fixture?

Answer 35

Depends on objective intent of landlord. Look to nature of chattel, manner of attachment, amount of damage detachment would cause, adaptation of chattel to use of realty

Question 36

nonfreehold estate v. freehold estate

Answer 36

nonfreehold estate gives possession for limited period of time

Question 37

Cross-easement for support

Answer 37

Like a driveway. located partly on the property of each of two adjoining landowners.

Question 38

Easement in gross

Answer 38

The holder of an easement in gross has the right to use another’s land (the servient tenement) independent of her ownership or possession of another tract of land; i.e., there is no dominant tenement.

Question 39

Easement by reservation

Answer 39

An easement by reservation arises when the owner of a tract of land conveys title but expressly reserves the right to continue to use the tract for a special purpose after the conveyance.

Question 40

Easement by necessity

Answer 40

An easement by necessity arises when the owner of a tract of land sells a part of the tract and by this division deprives one lot of access to a public road or utility line.

Question 41

What is needed for the BURDEN of covenant to run with the land?

Answer 41

1. The covenanting parties intended that successors in interest be bound by the covenant;
2. The successor in interest has notice of the covenant (in writing)
3. There is horizontal privity between the original covenanting parties;
4. There is vertical privity between the covenantor and her successor in interest; and
5. The covenant touches and concerns the land

Question 42

When will the benefit of an equitable servitude run to successors in interest?

Answer 42

1. The covenanting parties intended that successors in interest be bound by the covenant;
2. The successor in interest has notice of the covenant (if she paid value) (in writing)
3. The covenant touches and concerns the land (i.e., it benefits the covenantor and his successor in their use and enjoyment of the burdened land).
4. There is vertical privity between the covenantee and her successor in interest; and

Question 43

When will the benefit of an equitable servitude run to successors in interest?

Answer 43

1. The covenanting parties intended that successors in interest be benefited by the covenant; and
2. The covenant touches and concerns the land.

Question 44

Defense of laches

Answer 44

This defense applies when the benefited party fails to bring suit against the burdened party within a reasonable time.

Question 45

Defense of unclean hands

Answer 45

This defense applies when the benefited party is violating a similar restriction on her own land. Here, there is no indication that the benefited party herself is violating the servitude.

Question 46

Defense of acquiescence

Answer 46

If the benefited party seeking to enforce an equitable servitude previously consented to another party’s violation of the servitude, the burdened party should assert the defense of acquiescence. Acquiescence in a violation of the servitude may be deemed abandonment of the servitude as to other burdened parties.

Question 47

Defense of changed conditions

Answer 47

This defense applies when a neighborhood has changed significantly since the time a servitude was created such that it would be inequitable to enforce the restriction. Here, there is no indication that a neighborhood has changed.