Tenancy by the Entirety

Question 1

Who holds a tenancy by the entirety?

Answer 1

The marriage

Question 2

Is Tby the E devisable or alienable by either spouse?

Answer 2

No

Question 3

Can lenders enforce J against TbytheE?

Answer 3

No

Question 4

What kinds of debts can TbytheE satisfy?

Answer 4

Only debts of both spouses

Question 5

Can a creditor enforce J against only one spouse in property held by TbytheE?

Answer 5

No

Question 6

Suppose H enters into lien K and gives creditor security interest in property held by Tbythe E. Can the creditor get possession of 1/2 interest that other spouse acquires after divorce?

Answer 6

No

Question 7

Lien Ks between one spouse and a creditor with security interest in TbytheE is between?

Answer 7

Only the parties to the K, not the other spouse

Question 7

Priority:
- Child support orders
- Judgments, including those owed to bank

Answer 7

Child support orders > Judgments, including those owed to bank

Question 7

Can creditor seek deed of trust against wife who wasn’t party to the lien K?

Answer 7

No

Question 8

What does “first in time, first in right” mean?

Answer 8

Typically, first creditor to attach lien to property will have priority over later liens

Question 8

Which implied duties at closing of sale of RE?

Answer 8

Implied duty to present marketable title at closing

Question 9

What does marketable title mean?

Answer 9

Title must be free from doubt that presents unreas risk of litigation (e.g. lien)

Question 10

Can buyer waive implied duty to present marketable title?

Answer 10

Yes

Question 11

If title isn’t marketable, can seller still sue for SP or damages?

Answer 11

No, unless K says otherwise

Question 12

Doctrine of equitable conversion

Answer 12

Once K is signed + both parties entitled to SP, buyer owns the property

Question 13

Who has risk of loss?

Answer 13

If destroyed without fault of either party before closing, buyer has risk of loss.

Question 14

What does it mean if B has risk of loss?

Answer 14

Has to pay K price despite loss (e.g. due to fire or other casualties)

Question 15

What if K specifically says S will provide building in present condition?

Answer 15

Risk of loss on seller. Prevents application of doctrine of equitable conversion.

Question 16

If risk of loss on seller, what does seller need to do if there’s losS?

Answer 16

Pay for repairs and deliver property in condition it was contracted in

Question 17

Doctrine of equitable conversion exceptions

Answer 17

Evidence of intent to the contrary e.g. in K

Fraud

Where enforcement would lead to inequitable outcomes /hardship/injustice

Question 18

Giving property inter vivos

Answer 18

Donative intent
Acceptive
Delivery

Question 19

What must the deed have?

Answer 19

Writing
Signed by grantor
Identify land and parties involved

Question 20

Regarding ID of the parties, what is required?

Answer 20

Reasonably identifying the parties

Question 21

Does deed need to be signed by the grantee?

Answer 21

No. Grantee bound by acceptance.

Question 22

Is recording deed necessary for proper transfer?

Answer 22

No

Question 23

Seller typically retains right to possession until

Answer 23

Closing

Question 24

Courts are unlikely to order SP unless evidence of

Answer 24

Fraud or where K's purpose is unattainable (e.g. where significant change occurs that defeats K's purpose and makes it inequitable)

Question 25

Three types of deeds

Answer 25

General warranty deed Special warranty deed Quitclaim deed

Question 26

General warranty deed - which 6 covenants?

Answer 26

3 present: 1. Right to the property (seisin) 2. Right to convey the property 3. No encumbrances 3 future: 4. Covenant for quiet enjoyment 5. Covenant of further assurances 6. Covenant of warranty

Question 27

What does covenant for quiet enjoyment mean?

Answer 27

Grantee won't be disturbed by 3P's lawful claim to title

Question 28

Further assurances

Answer 28

Grantor will do whatever reasonable to perfect title

Question 29

Warranty

Answer 29

Grantor will defend against claim to title

Question 30

When can present covenants be breached?

Answer 30

Only at time of conveyance

Question 31

Does zoning regulation count as an encumbrance?

Answer 31

No

Question 32

General warranty - only against:

Answer 32

title defects, not defects in actual property

Question 33

When do damages arise from breach of covenant against encumbrances?

Answer 33

When buyer actually incurs damages (e.g. buyer discharges the lien/experiences harm)

Question 34

Difference between general warranty and special warranty

Answer 34

Special warranty means yes, no title defects personally created, but no guarantees about prior titleholders. I.e. just warrants that S has not breached covenants during his period of ownership (i.e. hasn't previously conveyed the property and no encumbrances from seller)

Question 35

Quitclaim deed

Answer 35

As is; no right to sue for encumbrances or defects in title

Question 36

Partition

Answer 36

Statutory action to separate ownership interests

Question 37

Is partition appropriation if A is trying to establish sole title to property when neither A nor B are joint tenants or coparceners (i.e. joint inheritors)

Answer 37

No

Question 38

Land sale K SOF requirements

Answer 38

1. In writing 2. Signed by party to be charged 3. Names of parties 4. Description of property 5. Price of payment if agreed

Question 39

Part performance exception to RE sale SOF

Answer 39

2/3 below: 1. substantial payment made 2. substantial improvements made 3. B already has possession

Question 40

If B finds that title is marketable, does B need to give S reasonable opporutnity to fix?

Answer 40

Yes

Question 41

If title not marketable, does it matter if SOL has already run on prior land contract?

Answer 41

No - still not marketable, as long as land contract is recorded, unreleased.

Question 42

If title not marketable, can S sue for SP or damages?

Answer 42

No

Question 43

What counts as collateral terms to title that are not merged with deed?

Answer 43

Provisions about physical condition of property e.g. express warranty of workmanship

Question 44

Does express warranty of workmanship survive closing?

Answer 44

Yes

Question 45

If mutual mistake, court likely to:

Answer 45

enforce contract in line with what parties actually intended

Question 46

Who has right to seek partition?

Answer 46

Joint tenants or tenants in common

Question 47

Partition - in-kind partition or sale preferred?

Answer 47

In-kind partition

Question 48

When is sale of partitioned land sometimes ordered?

Answer 48

E.g. divorce and parties can't agree on disposition of marital property

Question 49

Who is responsible for RE taxes?

Answer 49

Seller

Question 50

Who is responsible for lien on property being sold?

Answer 50

The seller

Question 51

What happens when lien holder seeks enforcement of lien?

Answer 51

Gets equitable action in Circuit Court. Court will order sale of property to satisfy lien.

Question 52

Surety SOF exception

Answer 52

Assuming mortgage (coz you're not paying someone else's debt directly)

Question 53

Condo Unit Owners Association - who has standing to sue for claims re to the condo elements and limited condo elements?

Answer 53

Only the association

Question 54

Condo elements:

Answer 54

areas shared by all condo owners (e.g. swimming pool)

Question 55

Limited condo elements:

Answer 55

For enjoyment of just one or more unit owners (e.g. balcony/parking space)

Question 56

Adverse possession (5)

Answer 56

1. Actual possession 2. Hostile 3. Continuous (15 years of more) 4. Open and notorious 5. Visible to Owner & Exclusive

Question 57

Is easement collateral to deed or merged with deed?

Answer 57

Collateral

Question 58

Constructed easement

Answer 58

Created by court because someone relied on promise of another = consideration for an easement May need equitable remedy e.g. injunction

Question 59

Easement appurtenant

Answer 59

Easement that benefits holder (need more dominant and servient tenements)

Question 60

Does easement appurtenant pass to subsequent owners if not mentioned in deed?

Answer 60

Yes

Question 61

How to create an easement (4)

Answer 61

1. express 2. implied 3. reservation 4. prescription

Question 62

Implied easement

Answer 62

When it's necessary e.g. to get to open road

Question 63

How to prove implied easement?

Answer 63

1. Same person used to own both pieces of land 2. no access otherwise to and from land (if there is access but just more expensive/less convenient, then no easement)

Question 64

Is new owner bound by servient easements that already exist?

Answer 64

Yes

Question 65

Exceptions to rule about new owners being bound to already existing servient easements?

Answer 65

BF purchaser for value with no notice of easement

Question 66

BF Purchaser with no notice. Types of notice?

Answer 66

Actual, constructive Constructive - should have known from inspection of public land records NO inquiry notice in VA (i.e. should have known from inspecting the land)

Question 67

If implied easement exists through someone else's property, typically who can use that easement?

Answer 67

Just the grantee

Question 68

Indefeasibly vested remainer?

Answer 68

ascertainable person Not subject to being divested, defeated, or diminished in size

Question 69

Are vested remainders transferable during life?

Answer 69

Yes

Question 70

Are vested remainders divisible by will?

Answer 70

Yes

Question 71

Are vested remainders descendible by inheritance?

Answer 71

Yes

Question 72

Fee simple determinable

Answer 72

Ends as soon as stated event happens. Reverts to grantor. "So long as" "while" "during" "until"

Question 73

Grantor's interest if gives fee simple determinable

Answer 73

Possibility of reverter

Question 74

can possibility of reverter be transferred inter vivo/by will/intestate?

Answer 74

Yes

Question 75

what is a deed of trust?

Answer 75

Security interest in land

Question 76

Is there right of survivorship if not expressly specified?

Answer 76

No