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Flashcards in Real Property Distinctions Deck (130)
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What is the estate, who is "O" and "A": O to A while A attends the University of Mississippi.

Estate: Fee Simple Determinable O: Grantor with Possibility of Reverter A: Grantee


Under Georgia law, what is a landlord's duty to mitigate?

Georgia does not require a landlord to attempt to mitigate damages related to a breach of a lease. The landlord may choose between: • terminating the lease, • obtaining another tenant while holding the original tenant liable for any deficiency that may occur, or • permitting the premises to remain vacant while collecting the agreed upon rent from the original tenant. The landlord may “distrain for rent” (seize the tenant’s property) as soon as rent becomes due, if the tenant is moving out. The landlord can also apply for a distress warrant after making a statement of facts, under oath. If the landlord accepts the tenant’s surrender, or if the tenant successfully terminates the lease, then the landlord must make reasonable efforts to re-lease the premises and mitigate damages.


How does a fee simple terminate?

The fee simple is a present estate that does not terminate UNLESS the owner dies intestate without heirs. In that case, the property escheats to the state.


Under Georgia law, how are "trade fixtures" handled?

Trade fixtures must be removed during the tenancy or while the tenant is in possession of the property. Any trade fixtures remaining on the property once the term has ended and the tenant is no longer in possession are considered abandoned and become the landowner's property.


Give examples of language commonly used in a fee simple subject to condition subsequent estate.

• . . . provided that . . . . • . . . on condition that . . . . • . . . but if . . . .


Under Georgia law, how is "heirs," "heirs of the body," "lineal heirs," "lawful heirs," "issue," or similar words or phrases interpreted?

As "children," regardless if the parents are deceased or still living. The living children and the descendants of any deceased children (by representation) when the estate vests will take.


Under Georgia law, what is a landlord's duty to repair?

Georgia law requires the landlord to keep the premises in good repair, including all substantial improvements made by the tenant with his consent. This duty does not exist when there is a term of years instead of a usufruct. If the landlord breaches his duty to repair, the tenant may make the repairs and either seek reimbursement or deduct the repair costs from his rent.


What is the estate, who is "O," "A," and "B": O to A for the life of B.

Estate: Life Estate pur autre vie O: Grantor with Reversion right A: Grantee B: Measuring Life


Under Georgia law, when and how may a former tenant respond to property damage notice subsequent a lease agreement's termination?

The tenant has the right to inspect the property within five business days after the termination of the lease and specify in writing any items in the list he disputes.


What is a life estate that measures by the life of a third party?

Life estate pur autre vie


What future interest does the grantor retain in a fee simple subject to condition subsequent estate?

Right of entry (a.k.a., right of re-entry or power of termination)


Under Georgia law, what additional requirement, if any, is necessary to obtain an easement by necessity?

A grantor is NOT entitled to an easement simply because she sold the land that provided the only access to a landlocked parcel.


Who (as it pertains to freehold estates) may inspect land for waste and seek an injunction to prevent waste?

Any remainderman or grantor with a reversionary interest.


What is a "Fee Simple" or "Fee Simple Absolute"?

It is absolute ownership of potentially infinite duration, freely alienable, and has no accompanying future interest.


Under Georgia law, how must a landlord process security deposits?

If the landlord requires a security deposit, then the deposit must be placed in an escrow account. He must hold the deposit in trust for the tenant and let the tenant know (in writing) the location and account number of the escrow account. Alternatively, the landlord may keep an effective surety bond with the clerk of the superior court in the county in which the property is located.


If a grantor does not acknowledge a deed can it still be recorded?

Yes. It can still be recorded upon the affidavit of the subscribing witness made before one of the above-listed court officers.


How does Georgia law handle "reservation of easements"?

There is no implied reservation of an easement by a grantor in Georgia


What is the estate, who is "O" and "A": O to A provided that the homestead on the estate remains A's principle residence.

Estate: Fee Simple subject to Condition Subsequent O: Grantor with right of entry A: Grantee


Under Georgia law, how does the "demand for possession" operate?

A landlord may demand possession from a tenant at sufferance and may go before a court if the tenant refuses to tender possession.


Under Georgia law, what is the time limit for convenient that run with the land?

Restrictive covenants do not run for more than 20 years in any municipality or county area that has adopted zoning laws, unless they were created before the zoning law was enacted. This time limit does not apply with respect to covenants in favor of or benefiting the United States, its agencies, or political subdivisions, or land held for use by the public. In the case of a subdivision with at least 15 individual plots, covenants are automatically renewed every 20 years unless they are terminated.


Under Georgia law, what satisfies the "merger" termination of an easement?

Georgia courts have only required both the dominant and servient estates to be owned by the same person. This is also true when the owner of both estates is a tenant in common with others.


Under Georgia law, may a testator exclude class members?

In Georgia, a testator may dispose of property in a way that completely excludes his spouse or descendants. A testator may also exclude a member from a class so long as the testator's intent to exclude is clear and convincing.


Under Georgia law, what concurrent estates are available?

Only tenancy in common and joint tenancy. Tenancy by the entirety is not available.


Under Georgia Law, what is "Propensity for Flooding" rule?

If the living space of the property has been damaged by flooding at least three times during the preceding five years, then the landlord must give the prospective tenant written notice of this propensity for flooding. If the owner does not give notice, then he will be liable for any damages proximately caused by flooding.


Under Georgia law, how do you determine if a picture is a part of the estate?

If an item is intended to permanently remain, then it is a fixture regardless of whether it is actually attached to the land.


What is the estate, who is "O," "A," and "B": O to A on the condition that the property is used for agricultural or residential uses, then to B.

Estate: Fee Simple subject to Executory Interest O: Grantor A: Grantee B: Executory Interest


Under Georgia law, how does "the doctrine of worthier title" apply?

It doesn't apply.


What is a "life estate"?

Life estates are limited by the duration of a particular person's life.


Under Georgia law, what is "Private Way by Compulsory Sale"?

A property owner may petition a court for a private right-of-way over another property owner’s land when he has no other means of accessing his property. The private way cannot be wider than 20 feet. A successful petitioner and his successors must keep the private way open and in good repair, as well as pay the property owner for any damages. Failure to do so for at least one year is considered abandonment, and title to the private way reverts back to the property owner.


Under Georgia law, what effect, if any, does affixing a seal have on a deed?

Georgia does not require affixing a seal. Affixing a seal extends the time an action can be brought on the deed from six year to twenty years.