Real Property MEE Rules

Question 1

Valid deed requirements (5)

Answer 1

(1) identify buyer and seller, (2) describe the land, (3) contain words denoting a present intent to convey, (4) be signed by grantor, and (5) delivered.

Question 2

Equitable conversion

Answer 2

As soon as the contract is signed (but before closing), the buyer’s interest is real property and bears risk of loss.

Question 3

Quitclaim deed

Answer 3

Grantor gives no covenants and the grantee gets whatever the grantor has.

Grantee takes land subject to a defect in title, undisclosed easement, etc.

Question 4

Warranty deed

Answer 4

Grantor gives 6 covenants: (1) right to convey, (2) covenant of seisen, (3) no encumbrances, (4) further assurances, (5) quiet enjoyment, and (6) warranty.

Question 5

Merger

Answer 5

On the closing date, the contract for sale merges into the deed, buyer can then only sue on the deed.

Question 6

Breach of the implied warranty of fitness and habitability

Answer 6

A builder of new homes impliedly warrants to the buyer that the home is habitable and fit for its intended purposes.

Question 7

Notice statutes

Answer 7

Protects subsequent BFPs for value who take without notice of the earlier transaction.

Question 8

Race-notice statutes

Answer 8

Protects subsequent BFPs who take without notice and are the first to record.

Question 9

Race statutes

Answer 9

Protect subsequent purchasers who are the first to record.

Question 10

Three types of notice

Answer 10

(1) actual - grantee actually knows about the conveyance,
(2) inquiry - examination of land or reference in an instrument would lead a reasonable person to inquire,
(3) record - interest is recorded in the chain of title.

Question 11

Liability on a mortgage when title is transferred

Answer 11

Takes land “subject to” mortgage = transferee not personally liable

“Assumes” mortgage = personally liable along with original mortgagor.

Question 12

Periodic tenancy

Answer 12

No fixed end date, repeats until one party gives valid notice to another (ex: month-to-month)

Question 13

Assignment

Answer 13

If the lease does not prohibit an assignment or sublease, a tenant can assign or sublease her interest in the lease

Question 14

Constructive eviction

Answer 14

Landlord breached a duty to tenants that caused a loss of substantial use and enjoyment of the premises and tenant vacated w/in a reasonable time after giving notice.

Question 15

Fair Housing Act

Answer 15

Prohibits discrimination in housing sales or rentals on the basis of race, color, religion, sex, familial status, or national origin.

Question 16

Creation of an easement

Answer 16

Can be creased expressly, impliedly (by prior use or necessity), or by prescription.

Question 17

Termination of easements

Answer 17

By express terms, written release, merger of dominant and servant tenements, estoppel, condemnation, or abandonment.

Question 18

Creation of a joint tenancy

Answer 18

TTIP - same time, title, interest and possession.

Most states also require express reference to survivorship to create a JT.

Question 19

Severance of a joint tenancy

Answer 19

-Giving it away during life
-Signing a contract for sale
-Actual judicial sale by judgement lien creditor
-Granting a mortgage in a title lien theory

Question 20

Adverse possession

Answer 20

(1) open and notorious, (2) hostile, (3) actual, (4) exclusive, (5) continuous for statutory period

Question 21

Adverse possessor vs. subsequent BFP

Answer 21

AP prevails because there is no document that the interest holder could record.

Question 22

Fee simple determinable

Answer 22

Clear, conditional language, violation of which leads to automatic forfeiture and possibility of reverter.

Ex: for as long as, while, during, until, etc.

Question 23

Fee simple subject to condition subsequent

Answer 23

Clear language that grantor has a right to re-enter upon the happening of a stated event.

Ex: upon condition that, provided that, but if, etc.

Question 24

Fee simple subject to executory limitation

Answer 24

When fee simple terminates upon the happening of a stated event and then passes to a third party rather than reverting to grantor.

Question 25

Lien theory state

Answer 25

Mortgage is a lien and does not sever a joint tenancy

Question 26

Title theory state

Answer 26

Mortgage is a conveyance of title and severs a joint tenancy

Question 27

Voluntary waste

Answer 27

Willful destruction (ex: excessively nailing holes in the wall)

Question 28

Tenancy by the entirety

Answer 28

A protected martial interest between spouses with the right to survivorship. Only severed by death, divorce, mutual agreement, or execution by a joint creditor.

Question 29

Estoppel by deed

Answer 29

Applies to validate a deed that was executed and delivered by a grant who had no title to the land at that time, but represented that they did and thereafter acquired such title.

Question 30

Permissive waste

Answer 30

Neglecting to reasonably secure/protect the premises (ex: water damage from leaving window open)

Question 31

Easement appurtenant

Answer 31

2 parcels involved - dominant and servient tenement

Question 32

Equitable servitude

Answer 32

A promise that equity will enforce against successors of the burdened land regardless of whether it runs with the land at law, unless successor = BFP

Question 33

Tenancy for years

Answer 33

Tenancy for a fixed, determined period of time (ex: 1 week of 50 years)

Question 34

Ameliorative waste

Answer 34

Unilateral change that increases the property's value but tenant is liable for cost of restoration.

Question 35

Implied warranty of habitability

Answer 35

Warranty that the premises are fit for human habitation Remedies: move out and terminate lease, repair and deduct, reduce or withhold rent, remain in possession and seek damages

Question 36

Special warranty deed

Answer 36

Contains same provisions as general warranty deed but grantor only makes promises on behalf of himself, not his predecessors.

Question 37

Easement implied by prior use

Answer 37

Must show (1) there was once common ownership of dominant and servient parcels, (2) prior use existed and was apparent, (3) prior use was reasonably necessary.