Three questions to ask w/r/t estates:
1. Devisable?
A devisable estate means:
It can pass by will
A descendible estate means:
It will pass by the statutes of intestacy if its holder dies intestate
An alienable estate means:
It's transferable inter vivos (during holder's lifetime)
To A or "To A and his heirs" is an example of:
Fee simple absolute
A fee simple absolute is ___ ownership of ______ duration
Absolute
T/F: A fee simple absolute is freely alienable
TRUE
T/F: A fee simple absolute is not devisable
FALSE
T/F: A fee simple absolute is descendible
TRUE
The three types of defeasible fees are:
The fee simple determinable
Think of defeasible fees as three types of fee simple with a ___ or ___ attached that renders the estate subject to ______
Catch
To be defeasible means to be:
Capable of forfeiture
To A so long as... is a:
Fee simple determinable
To A during... is a:
Fee simple determinable
To A until... is a:
Fee simple determinable
For a fee simple determinable
look for clear ___ language
For a fee simple determinable
if the stated condition is violated:
The fee simple determinable
like all of the defeasible fees
The only future interest accompanying the fee simple determinable is the:
Possibility of reverter
FSDPOR
which stands for __________
To A, but if X event occurs, grantor reserves the right to reenter and retake is a:
Fee simple subject to condition subsequent
The ingredients necessary for a fee simple subject to condition subsequent are:
Clear durational language
A distinguishing characteristic of a fee simple subject to condition subsequent is that it is ________
but it can be ____ at the grantor's ___ if the stated condition occurs
For a fee simple subject to condition subsequent
the grantor's prerogative to terminate is called the:
To A, but if X event occurs, then to B is a:
Fee simple subject to executory limitation
A fee simple subject to executory limitation is just like the fee simple determinable
only now
The future interest accompanying the fee simple subject to executory limitation is the:
Shifting executory interest
There are two important rules of construction for defeasible fees: 1. ___________ are insufficient to create a defeasible fee
and 2. _______ are void
Courts will not find a defeasible fee unless ______ is used
Clear durational language
To A for the purpose of constructing a daycare center is a:
Fee simple absolute
To A with the hope that he becomes a lawyer is a:
Fee simple absolute
To A with the expectation that the premises will be used as a hardware store is a:
Fee simple absolute
An absolute restraint on alienation is _______ on the power to ___ or ___
that is not linked to any _______
A lifetime estate must be measured in __________ terms
and never in terms of ____
To A for life is a:
Life estate
If O transfers "to A for life
A is known as:,Life tenant
If O transfers "to A for life
O has a:,Reversion
A life estate pur autre vie is a life estate measured by:
A life other than the grantee's
To A for the life of B is a:
Life estate pur autre vie
If O conveys to A for the life of B
O has a:
If an accompanying future interest is held by O
it is called a:
If an accompanying future interest is held by a third party
is it called a:
The life tenant's entitlements are rooted in the important doctrine of:
Waste
The life tenant is entitled to:
All ordinary uses and profits from the land
T/F: The life tenant can commit waste
FALSE
The three types of waste are:
Voluntary
Voluntary waste is ___________that causes a ______
Actual
Permissive waste occurs when land is _________ or the life tenant _______
Is allowed to fall into disrepair
The life tenant must simply maintain the premises in ________
Reasonably good repair
The life tenant must pay all _______ on the land
to the extent of _____
If there is no income or profit
the life tenant is required to pay:
Ameliorative waste occurs if a life tenant engages in acts that will _____ the property's value
unless:
The policy behind ameliorative waste is that property law honors the future interest holder's:
Reasonable expectations and sentimental value
There are six categories of future interests
classified based on whether they are:
The six categories of future interests are:
The possibility of reverter
The three interests capable of creation in the grantor are:
Possibility of reverter
The three types of future interests in transferees are:
Contingent remainder
The right of entry accompanies:
Fee simple subject to condition subsequent
Reversion is the future interest that arises in a ___ who transfers an estate of ______ than she started with
other than a _______ (which gives O the possibility of reverter) or a ______ (which gives O the right of reentry)
To A for 99 years gives O:
Reversion
To A for life, then to B for 99 years gives O:
Reversion
The three types of vested remainders are:
Indefeasibly vested remainder
The two types of executory interests are:
Shifting executory interest
A remainder is a future interest created in a ___ that is capable of becoming ___ upon the expiration of a ______ created in the same conveyance in which the ___ is created
Grantee
A remainder is contingent if: 1. It is created in an ________ or 2. it is subject to an _________ or both
Unascertained or unknown person
To A for life, then to B's first child where A is alive and B
as yet
To A for life, then to B's heirs, where A is alive
B is alive
A condition is a condition precedent when it appears ____ the language creating the remainder or is woven into the grant to the remaindermen
Before
To A for life, then, if B graduates from college, to B. A is alive
B is now in high school. B has a ____. A has a ____. If B graduates from college during A's lifetime
Remainder is no longer contingent
now it's indefeasibly vested remainder
A remainder is ___ when it is created in a known taker who is not subject to a condition precedent
Vested
For the indefeasibly vested remainder
the holder of the remainder is ___ to acquire an estate in the future
To A for life, remainder to B. A is alive and B is alive. A has a ____
and B has a ____. If B predeceases A
For a vested remainder subject to complete defeasance
the ___ exists
The difference between a condition precedent and a condition subsequent is that the former creates a ______ and the latter creates a ______
Contingent remainder
To tell the difference between a condition precedent and condition subsequent
use the:
Where conditional language in a transfer follows language that
taken alone and st off by commas
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A has ____
B has ____
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A dies when B is 22 years old. The result is:
B still takes. Not subject to condition subsequent bc not subject to condition subsequent.
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A dies when B is 22 years old. Then B dies when he is 24. The result is:
B's heirs lose it all and C or C's heirs take.
For the vested remainder subject to open
the remainder is vested in a _____
For the vested remainder subject to open
each class member's share could ________
Additional takers
not yet ascertained
To A for life, then to B's children. A is alive. B has two children
C and D. What do C and D have?
A class is open when:
Others can still join
A class is closed when:
No others can join
To know when a given class has closed
apply the:
The class closes when _____ can _______
Any member
To A for life, then to B's children. A is alive. B has two children
C and D. The class closes when:
For a class gift
once the one whose life determines when the class closes dies
The womb exception states that for a class
a child ______ will share
An executory interest is a ____ interest created in a ___
Future
T/F: An executory interest is a remainder
FALSE
An executory interest takes effect by either cutting short some interest in another person (____) or in the grantor or his heirs (____)
Shifting
A shifting executory interest always follows a ______ and cuts short someone other than the ___
Defeasible fee
To A, but if B returns from Canada, to B and his heirs. A has a ___. B has a ___. Does this violate the rule against perpetuities?
Fee simple subject to B's shifting executory interest
A springing executory interest cuts short the interest of the ___
Grantor
To A, if and when she becomes a lawyer. A is in high school. A has a ___. O has a ___. Does this violate the rule against perpetuities?
Springing executory interest
Certain kinds of future interests are void if there is any possibility
however remote
There are 4 steps to RAP problems:
1. Determine which future interest have been created by conveyance.
The RAP potentially applies only to:
Contingent remainders
The RAP does not apply to:
Possibility of reverter
If we don't know for sure w/in 21 years of the death of a measuring life whether future interest holder can take
then:
To A for life, then to A's children. A is alive. She has no children. What is the future interest?
Contingent remainder
To A for life, then to A's children. A is alive. She has no children. What has to happen for future interest holder to take?
A must die having had a child
To A for life, then to A's children. A is alive. She has no children. Who is the measuring life?
A
To A for life, then to A's children. A is alive. She has no children. Does this violate RAP?
No. We will know at the moment of A's death whether she had kids.
An executory interest with no limit on the time within which it must vest ________
Violates the RAP
To A and his heirs as long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs. Does this violate RAP? If so
what result?
To A and his heirs so long as the land is used for farm purposes. A has ___
O has ____. Is there a RAP problem?
No
RAP won't apply to future interests of O
The majority reform effort of RAP is the ____ doctrine
which says that the validity of any suspect future interest is determined on the basis of the facts ________
The Uniform Statutory Rule Against Perpetuities codifies the ________ and provides for an ________
Common law RAP
____ dictates that if a given disposition violates RAP
a court may reform it in a way that _______
Adverse possession is possession for a _______ that can
if certain elements are met
The elements of adverse possession are:
Continuous
For adverse possession
continuous means:
For adverse possession
open and notorious means:
For adverse possession
actual means:
For adverse possession
hostile means:
For adverse possession
the possessor's _______ is irrelevant
T/F: For adverse possession
it matters that the adverse possession thought that he was on his own land
One adverse possessor may ___ on to his time with the land his predecessor's time
so long as there is ___ between the possessors
For adverse possession and tacking
privity is satisfied by ________
Contract
deed
For adverse possession and tacking
privity is absent when the possessor acquires possession by ___ his predecessor in possession
For adverse possession
the statute of limitations will not run against a true owner who is afflicted by a disability at __________
Some common disabilities that may affect the SOL for adverse possession include:
Insanity
There are three forms of concurrent ownership:
Joint tenancy
The joint tenancy is when two or more own with the:
Right of survivorship
The tenancy by the entirety is a protected ______ between ___ with the right of ___
Marital interest
The tenancy in common is when two or more own _________
Without the right of survivorship
In a joint tenancy
when one tenant dies:
A joint tenant's interest is alienable ______
which means that it is _____ during its holder's ____
A joint tenant's interest is neither ___ nor ___ because of the right of ___
Devisable
To create a joint tenancy
4 things must be met:
In addition to the four unities
to create a joint tenancy the grantor must ______ the right of survivorship. An example of this is "To A and B as ____ with the ______"
To sever a joint tenancy
remember the acronym ___
T/F: A joint tenant may sell or transfer her interest during her lifetime
TRUE
T/F: A joint tenant must have the consent of the other joint tenant(s) in order to sell or transfer her interest
FALSE
One joint tenant's sale severs the joint tenancy as to ______ because _____
The seller's interest
The buyer of one's share of a joint tenancy is now:
A tenant in common
If we started with joint tenancy of three people
and person 1 sells their joint tenancy
To A, B, and C as joint tenants with the right of survivorship. Each owns what?
1/3 and the right to possess the whole
To A, B, and C as joint tenants with the right of survivorship. Then A sells her interest to D. What is the result?
D is a tenant in common (1/3)
To A, B, and C as joint tenants with the right of survivorship. Then A sells her interest to D. B dies
leaving his interest to his heir E. What is the result?
The three types of partition are:
By voluntary agreement
Partition by voluntary agreement is an _______ way to end the relationship
Allowable and peaceable
Partition in kind is a _______ for a ___ division of the property
if in the best interests of _____
Partition in kind would work best when:
Blackacre is sprawling acreage
A forced sale is a _____ when
in the best interests of ______
A forced sale will work best when:
Blackacre is a home or single building
A tenancy by the entirety can be created only between _____
who take as fictitious "_____" with the right of ___
In states that recognize the tenancy by the entirety
it arises presumptively in any conveyance to ______ unless the language of the grant _______
The most protected form of ownership is:
Tenancy by entirety
T/F: Creditors of only one spouse can touch tenancy by the entirety for satisfaction of the debt
FALSE
One spouse
acting alone
For the tenancy in common
each co–tenant owns ________
Each interest in a tenancy in common is ___
___
Suppose siblings A and B co–own a cabin. A contributed 90% of the purchase price and B contributed 10%. This form of ownership is a:
Tenancy in common
T/F: In a tenancy in common
if there are disproportionate funds used to purchase the property
If one co–tenant in a tenancy in the entirety wrongfully excludes another co–tenant from possession of the whole or any part
he has committed ___
Absent ___
a co–tenant in exclusive possession is ______ to the other co–tenants for rent
If one co–tenant rents the building's basement to a third party
each co–tenant is entitled to:
A and B own a house as tenants in common. A moves across the country and stays for the next 20 years. Can B acquire title to the whole
to the exclusion of A
Tenants in common are responsible for their _____ of carrying costs
Fair share
A repairing co–tenant enjoys a right to ____ during the life of the co–tenancy for ___
___ repairs
Reasonable
necessary
During the life of a co–tenancy
there is no right to contribution for ___ made by ____
At partition of a tenancy in common
if one tenant made "improvements" unilaterally during the life of the co–tenancy
A co–tenant must not commit ___
Waste
During the life of a co–tenancy
a co–tenant is permitted to bring an action for ___ against another co–tenant
The four leasehold estates are:
The tenancy for years
The tenancy for years is for a:
Fixed
T/F: A tenancy for years could be as short as a week or as long as 50 years
TRUE
Whenever you know a termination date from the start
you have this kind of tenancy:
The notice required to terminate a term of years tenancy is:
No notice
A term of years greater than ____ must be in writing bc of the SOF in order to be enforceable
One year
A periodic tenancy is a lease that continues for ________ until L or T give ______ of termination
Successive intervals
The hallmark of a periodic tenancy is:
Continuous until properly terminated
A periodic tenancy can be created ___ or ___
Expressly
1. Land is leased w _______
but provision is made for the payment of rent at _____
3. In a residential lease
if a landlord elects to ______ a tenant who has wrongfully stayed on ______ of the original lease
A periodic tenancy is terminated by:
Notice
To terminate a periodic tenancy
the amount of notice necessary is:
To terminate a periodic tenancy
the parties may ________ the common law prescribed notice provisions by ______
The tenancy at will is a tenancy of _______
No fixed period of duration
A tenancy at will must be created ____
Expressly
Unless the parties expressly agree to a tenancy at will
the payment of regular rent will cause a court to treat the tenancy as:
In theory
a tenancy at will can be terminated by ____ at ____; yet today
A tenancy at sufferance is created when T has _______
Wrongfully held over past the expiration of the lease
A hold over tenant gets the tenancy at sufferance in order to:
Permit L to recover rent
The tenancy at sufferance is _____; it lasts only until _____ or _____
Short–lived
A tenant has two primary duties:
Duty to repair
When the lease is silent as to tenant's duty to repair
tenant:
Tenant's duty to repair is linked to the doctrine of ___
Waste
When a tenant removes a fixture
tenant commits:
A fixture is a ________ that
by virtue of its ___ to realty
Common examples of fixtures include:
Heating systems
Fixtures pass with:
Ownership of the land
If what T installed amounts to a fixture
then:
Two ways to tell when a tenant installation qualifies as a fixture:
1. Express agreement controls
2. If no express agreement
T may remove a chattel T installed so long as removal does not cause substantial harm to the premises
If removal of a fixture will cause ______ to the premises
then in ___ judgment T has shown the intention to ___ the fixture
At common law historically
T was responsible for any ___ to the property
Today
the majority view is that T may _____ when premises are destroyed at no fault of T
If T breaches the duty to pay rent and is in possession of the premises
the landlord's options are:
If L moves to evict a T who hasn't paid rent
is L still entitled to rent?
If the landlord moves to evict a tenant
the defaulting tenant is now deemed _____ by virtue of the eviction action
If T breaches duty to pay rent
L cannot engage in ___
Self–help for a L against a T who hasn't paid rent is flatly ___ and is punishable ___ and ___
Outlawed
If T breaches duty to pay rent but has left the possession
L has 3 options:
Surrender (Treat T's abandonment as implicit offer of surrender
which L accepts)
If T breaches duty to pay rent and abandons premises
L must at least try to ____ under the majority view in order to _____
The majority rule for an L's duty to deliver possession requires that L put T in:
Actual possession of the premises
If at the start of T's lease
a prior holdover T is still in possession
Quiet enjoyment is an ____ covenant
Implied
The implied covenant of quiet enjoyment arises by ___ in every ___ and ___ lease
Implication
The implied covenant of quiet enjoyment provides that T has the right to:
Quiet use and enjoyment without interference by L
Landlord could breach the covenant of quiet enjoyment by:
Wrongful eviction
Breach of the covenant of quiet enjoyment by wrongful eviction occurs when:
L wrongfully evicts or excludes T
Breach of the covenant of quiet enjoyment by constructive eviction occurs if three elements are met:
SING
T/F: The landlord is not generally liable to a tenant for the wrongful acts of other tenants
TRUE
The landlord is liable to a tenant for the wrongful acts of other tenants in the instances that:
1. L must not allow a nuisance on the site
The implied warrant of habitability only applies to ___ leases and not to ___ leases. It ___ waivable.
Residential
The implied warranty of habitability provides that the premises must be ___ for ______
Fit
The appropriate standard for habitability is discerned by:
Case law and statutory law (housing code)
What kinds of problems trigger breach of implied warrant of habitability?
Fundamentally incompatible with basic human dwelling (no heat in winter
When implied warranty of habitability is breached
T is entitled to:
The difference between the covenant of quiet enjoyment and the implied warranty of habitability in terms of remedies is that:
For the covenant of quiet enjoyment
For the implied warranty of habitability
T could vacate but is not required to in order to seek remedies
If T lawfully reports L for housing code violations
L is _______ T by raising rent
In the absence of some prohibition in the lease
T may freely transfer his or her interest in the whole (_______) or in part (thereby accomplishing _____)
In the lease
L can prohibit T from assigning or subletting without L's _____
As a result of assignment
L and T2 are in privity of ___
T/F: A landlord and sublessee are in privity of contract
FALSE
T/F: A landlord and sublessee are in privity of estate
FALSE
In a sublease situation
the relationship between L and T1 _____
Under the common law of caveat lessee
__________. In other words
There are 5 important exceptions to the common law of caveat lessee:
CLAPS
Latent defects rule (L must warn T of hidden defects of which L has knowledge or reason to know––duty to warn
not duty to repair)
Assumption of repairs (While under no duty to make repairs
once undertaken
Public use rule (L who leases public space and who should know bc of significant nature of defect and short length of lease
that T will not repair
An easement is a ___ of a _______ interest that entitles its holder to some form of ___ or ___ of another's land
Grant
Easements can either be ___ (the right to _______ on the servient land)
or ___ (entitles its holder to ___ the servient landowner from ______)
Negative easements are typically only recognized in 4 categories:
LASS
A minority of states also allow a negative easement for:
Scenic view
Negative easements can be created:
Only expressly by a writing signed by the grantor
There is no ___ or ___ right to a negative easement
Natural
An easement is either ___ to land or it is held ____
Appurtenant
The easement is appurtenant when it benefits its holder in his _______ of his property
Physical use or enjoyment
In an easement appurtenant
_______ must be involved: ______
The easement is in gross if it confers upon its holder _______ that is not related to his use or enjoyment of his land
Only some personal or pecuniary advantage
The appurtenant easement passes ____ with the dominant tenement
regardless of whether ______
The appurtenant easement passes ___ with the servient tenement
unless the new owner is a __________
The easement in gross is not ____ unless it is for a commercial purpose
Transferable
There are 4 ways to create an affirmative easement:
PING
For creation of an affirmative easement by grant
an easement to endure more than one year must be in a ___ that conforms with ___
For creation of an affirmative easement by implication
the court would have to find that:
For creation of an affirmative easement by necessity
this will be implied when grantor conveys a portion of its land with ______
Where express easement terminated through merger
but then previously dominant prop is sold
1. Before tract is divided
an ____ use exists on servient part;
3. Court determines parties intended use to ___ after prop was divided
1. Apparent and continuous
Where there is an easement by necessity
the owner of the servient parcel has the right to ___ the easement
For creation of an affirmative easement by prescription
it is acquired by analogy to _____. Remember _____
____ defeats the acquisition of an easement by prescription
Permission
The scope of an easement is determined by:
Terms or conditions that created it
There are 8 ways to terminate an easement:
END CRAMP
For termination of easement by estoppel
the servient owner:
For termination of easement by necessity
it expires as soon as ______
For termination of easement by destruction
destruction of the _____
Condemnation of the servient estate by _______ will terminate an easement
Governmental eminent domain power
A ___ in ___ given by the easement holder to the servient land owner will terminate an easement
Release
For termination of easement by abandonment
an easement holder must show:
For termination of easement by merger
the easement is extinguished when title to the ___ and title to the _____ become _______
For termination of easement by prescription
the servient owner may extinguish the easement by ___ with it in accordance with the elements of _____ (remember _____)
COAH (continuous interference
open and notorious
A license is a _____ to _____ for some _____. It does not need a ___.
Mere privilege
Licenses are freely ___ at the will of the licensor
unless ____ applies to bar it
Classic license cases are:
Ticket cases
Estoppel will apply to bar revocation of a license only when the licensee has:
Invested substantial money or labor or both in reasonable reliance onthe license's continuation
The profit entitles its holder to enter the servient and and take from it:
Soil or a product of the soil (timber
T/F: A profit is an interest in land
TRUE
T/F: A license is an interest in land
FALSE
The rules for creating and terminating profits are:
The same as for easements
A covenant is:
A promise to do something or not do something related to land
A covenant is unlike an easement bc it is not the _____
but instead is a _____
Covenants can be either:
Negative (restrictive) or affirmative
A restrictive covenant is:
A promise to refrain from doing something related to the land
An affirmative covenant is:
A promise to do something related to the land
A promise not to sell commercially
a promise not to have pets
A promise to maintain a common fence or garden is an example of:
Affirmative covenant
The difference between covenants and equitable servitudes is:
The remedy
The requirements for a burden of a covenant to run are:
WITHN
T/F: Covenants to pay money to be used in connection with the land (e.g.
homeowners association fees) touch and concern the land
T/F: Covenants not to compete do not touch and concern the land
FALSE
Horizontal privity refers to the nexus between the _______
and it requires that they be in _______
Vertical privity refers to the nexus between ______ and simply requires some ______
such as ___
Vertical privity will be absent only when:
A–1 acquired interest through adverse possession
The requirements for a benefit of a covenant to run are:
WITV
T/F: Horizontal privity is required for the benefit of a covenant to run
FALSE
The equitable servitude is a promise that ___ will enforce against successors
Equity
To create an equitable servitude that will bind successors:
WITNES
Writing (generally
but not always)
T/F: Privity is not required to bind successors to an equitable servitude
TRUE
The implied equitable servitude is the ____ doctrine
General or common scheme
The two elements of a general or common scheme doctrine are 1. when the sales began
the ____ had a _____ of _____
The types of notice sufficient for implied equitable servitude are:
Actual notice
The changed circumstances alleged by the party seeking release from the terms of an equitable servitude must be:
So pervasive that the entire area has changed. Mere pockets of limited change are not enough.
Every conveyance of real estate consists of a two–step process: 1. The _____
which conveys _____ and endures until ____. 2. The ___
Under SOF
the land contract must be:
An exception to the SOF is the doctrine of ____
where performance of an oral K for the sale of land will be enforceable if 2 of the three are met:
In equity
___ owns the and once the K is signed
If in the interim between K and closing
Blackacre is destroyed through no fault of either party
There are two implied promises in every land contract:
Seller will provide marketable title
Marketable title is free from _______ and _______
Reasonable doubt
Three circumstances will render title unmarketable:
Adverse possession
Marketable title means an unencumbered fee simple
which means that ____ and ___ render title unmarketable unless ______
Seller has the right to satisfy an outstanding mortgage or lien at the closing with _____
The proceeds of the sale
If premises are in violation of applicable zoning ordinances
market is ___
The majority of states hold seller liable for failing to disclose _______ in a land contract
Latent material defects
T/F: The seller can avoid liability for fraud/failure to disclose by including in the K a general disclaimer of liability
FALSE
T/F: In a land contract
there is an implied warranty of fitness
T/F: In a land contract
there is an implied warranty of habitability
The common law norm w/r/t land contracts is:
Caveat emptor––buyer beware
To pass legal title from seller to buyer
the deed must be:
T/F: The deed must be in writing
TRUE
T/F: The deed must recite consideration
FALSE
T/F: Consideration must pass in order for a deed to be valid
FALSE
In a land contract
the desription of the land does not have to be ___
The delivery requirement for a deed could be satisfied when the grantor ___ or ___ transfers the deed to the grantee
which could also be by _____
agent
The standard for delivery is one of _______: Did the grantor have the _____ to be bound
irrespective of whether the deed was literally handed over?
Recording a deed that has been acknowledged before notary is prima facie evidence of ___
Delivery
If the recipient expressly rejects a deed
then:
If a deed
absolute on its face
Delivery by ___ is permitted
where grantor delivers an executed deed to a third party (known as ___) with instructions that the deed be delivered to grantee once certain conditions are met. When conditions are met
If deed is delivered by escrow
but grantor dies/becomes incompetent before conditions are met
There are three types of deeds:
Quitclaim deed
The quitclaim deed is the ____ deed a buyer could want. The grantor promises ________
Worst
Nothing
not even that he has title to convey
Three questions to ask w/r/t estates:
1. Devisable?
A devisable estate means:
It can pass by will
A descendible estate means:
It will pass by the statutes of intestacy if its holder dies intestate
An alienable estate means:
It's transferable inter vivos (during holder's lifetime)
To A or "To A and his heirs" is an example of:
Fee simple absolute
A fee simple absolute is ___ ownership of ______ duration
Absolute
T/F: A fee simple absolute is freely alienable
TRUE
T/F: A fee simple absolute is not devisable
FALSE
T/F: A fee simple absolute is descendible
TRUE
The three types of defeasible fees are:
The fee simple determinable
Think of defeasible fees as three types of fee simple with a ___ or ___ attached that renders the estate subject to ______
Catch
To be defeasible means to be:
Capable of forfeiture
To A so long as... is a:
Fee simple determinable
To A during... is a:
Fee simple determinable
To A until... is a:
Fee simple determinable
For a fee simple determinable
look for clear ___ language
For a fee simple determinable
if the stated condition is violated:
The fee simple determinable
like all of the defeasible fees
The only future interest accompanying the fee simple determinable is the:
Possibility of reverter
FSDPOR
which stands for __________
To A, but if X event occurs, grantor reserves the right to reenter and retake is a:
Fee simple subject to condition subsequent
The ingredients necessary for a fee simple subject to condition subsequent are:
Clear durational language
A distinguishing characteristic of a fee simple subject to condition subsequent is that it is ________
but it can be ____ at the grantor's ___ if the stated condition occurs
For a fee simple subject to condition subsequent
the grantor's prerogative to terminate is called the:
To A, but if X event occurs, then to B is a:
Fee simple subject to executory limitation
A fee simple subject to executory limitation is just like the fee simple determinable
only now
The future interest accompanying the fee simple subject to executory limitation is the:
Shifting executory interest
There are two important rules of construction for defeasible fees: 1. ___________ are insufficient to create a defeasible fee
and 2. _______ are void
Courts will not find a defeasible fee unless ______ is used
Clear durational language
To A for the purpose of constructing a daycare center is a:
Fee simple absolute
To A with the hope that he becomes a lawyer is a:
Fee simple absolute
To A with the expectation that the premises will be used as a hardware store is a:
Fee simple absolute
An absolute restraint on alienation is _______ on the power to ___ or ___
that is not linked to any _______
A lifetime estate must be measured in __________ terms
and never in terms of ____
To A for life is a:
Life estate
If O transfers "to A for life
A is known as:,Life tenant
If O transfers "to A for life
O has a:,Reversion
A life estate pur autre vie is a life estate measured by:
A life other than the grantee's
To A for the life of B is a:
Life estate pur autre vie
If O conveys to A for the life of B
O has a:
If an accompanying future interest is held by O
it is called a:
If an accompanying future interest is held by a third party
is it called a:
The life tenant's entitlements are rooted in the important doctrine of:
Waste
The life tenant is entitled to:
All ordinary uses and profits from the land
T/F: The life tenant can commit waste
FALSE
The three types of waste are:
Voluntary
Voluntary waste is ___________that causes a ______
Actual
Permissive waste occurs when land is _________ or the life tenant _______
Is allowed to fall into disrepair
The life tenant must simply maintain the premises in ________
Reasonably good repair
The life tenant must pay all _______ on the land
to the extent of _____
If there is no income or profit
the life tenant is required to pay:
Ameliorative waste occurs if a life tenant engages in acts that will _____ the property's value
unless:
The policy behind ameliorative waste is that property law honors the future interest holder's:
Reasonable expectations and sentimental value
There are six categories of future interests
classified based on whether they are:
The six categories of future interests are:
The possibility of reverter
The three interests capable of creation in the grantor are:
Possibility of reverter
The three types of future interests in transferees are:
Contingent remainder
The right of entry accompanies:
Fee simple subject to condition subsequent
Reversion is the future interest that arises in a ___ who transfers an estate of ______ than she started with
other than a _______ (which gives O the possibility of reverter) or a ______ (which gives O the right of reentry)
To A for 99 years gives O:
Reversion
To A for life, then to B for 99 years gives O:
Reversion
The three types of vested remainders are:
Indefeasibly vested remainder
The two types of executory interests are:
Shifting executory interest
A remainder is a future interest created in a ___ that is capable of becoming ___ upon the expiration of a ______ created in the same conveyance in which the ___ is created
Grantee
A remainder is contingent if: 1. It is created in an ________ or 2. it is subject to an _________ or both
Unascertained or unknown person
To A for life, then to B's first child where A is alive and B
as yet
To A for life, then to B's heirs, where A is alive
B is alive
A condition is a condition precedent when it appears ____ the language creating the remainder or is woven into the grant to the remaindermen
Before
To A for life, then, if B graduates from college, to B. A is alive
B is now in high school. B has a ____. A has a ____. If B graduates from college during A's lifetime
Remainder is no longer contingent
now it's indefeasibly vested remainder
A remainder is ___ when it is created in a known taker who is not subject to a condition precedent
Vested
For the indefeasibly vested remainder
the holder of the remainder is ___ to acquire an estate in the future
To A for life, remainder to B. A is alive and B is alive. A has a ____
and B has a ____. If B predeceases A
For a vested remainder subject to complete defeasance
the ___ exists
The difference between a condition precedent and a condition subsequent is that the former creates a ______ and the latter creates a ______
Contingent remainder
To tell the difference between a condition precedent and condition subsequent
use the:
Where conditional language in a transfer follows language that
taken alone and st off by commas
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A has ____
B has ____
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A dies when B is 22 years old. The result is:
B still takes. Not subject to condition subsequent bc not subject to condition subsequent.
To A for life, then to B, provided, however, that if B dies under the age of 25, to C. A is alive. B is 20 years old. A dies when B is 22 years old. Then B dies when he is 24. The result is:
B's heirs lose it all and C or C's heirs take.
For the vested remainder subject to open
the remainder is vested in a _____
For the vested remainder subject to open
each class member's share could ________
Additional takers
not yet ascertained
To A for life, then to B's children. A is alive. B has two children
C and D. What do C and D have?
A class is open when:
Others can still join
A class is closed when:
No others can join
To know when a given class has closed
apply the:
The class closes when _____ can _______
Any member
To A for life, then to B's children. A is alive. B has two children
C and D. The class closes when:
For a class gift
once the one whose life determines when the class closes dies
The womb exception states that for a class
a child ______ will share
An executory interest is a ____ interest created in a ___
Future
T/F: An executory interest is a remainder
FALSE
An executory interest takes effect by either cutting short some interest in another person (____) or in the grantor or his heirs (____)
Shifting
A shifting executory interest always follows a ______ and cuts short someone other than the ___
Defeasible fee
To A, but if B returns from Canada, to B and his heirs. A has a ___. B has a ___. Does this violate the rule against perpetuities?
Fee simple subject to B's shifting executory interest
A springing executory interest cuts short the interest of the ___
Grantor
To A, if and when she becomes a lawyer. A is in high school. A has a ___. O has a ___. Does this violate the rule against perpetuities?
Springing executory interest
Certain kinds of future interests are void if there is any possibility
however remote
There are 4 steps to RAP problems:
1. Determine which future interest have been created by conveyance.
The RAP potentially applies only to:
Contingent remainders
The RAP does not apply to:
Possibility of reverter
If we don't know for sure w/in 21 years of the death of a measuring life whether future interest holder can take
then:
To A for life, then to A's children. A is alive. She has no children. What is the future interest?
Contingent remainder
To A for life, then to A's children. A is alive. She has no children. What has to happen for future interest holder to take?
A must die having had a child
To A for life, then to A's children. A is alive. She has no children. Who is the measuring life?
A
To A for life, then to A's children. A is alive. She has no children. Does this violate RAP?
No. We will know at the moment of A's death whether she had kids.
An executory interest with no limit on the time within which it must vest ________
Violates the RAP
To A and his heirs as long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs. Does this violate RAP? If so
what result?
To A and his heirs so long as the land is used for farm purposes. A has ___
O has ____. Is there a RAP problem?
No
RAP won't apply to future interests of O
The majority reform effort of RAP is the ____ doctrine
which says that the validity of any suspect future interest is determined on the basis of the facts ________
The Uniform Statutory Rule Against Perpetuities codifies the ________ and provides for an ________
Common law RAP
____ dictates that if a given disposition violates RAP
a court may reform it in a way that _______
Adverse possession is possession for a _______ that can
if certain elements are met
The elements of adverse possession are:
Continuous
For adverse possession
continuous means:
For adverse possession
open and notorious means:
For adverse possession
actual means:
For adverse possession
hostile means:
For adverse possession
the possessor's _______ is irrelevant
T/F: For adverse possession
it matters that the adverse possession thought that he was on his own land
One adverse possessor may ___ on to his time with the land his predecessor's time
so long as there is ___ between the possessors
For adverse possession and tacking
privity is satisfied by ________
Contract
deed
For adverse possession and tacking
privity is absent when the possessor acquires possession by ___ his predecessor in possession
For adverse possession
the statute of limitations will not run against a true owner who is afflicted by a disability at __________
Some common disabilities that may affect the SOL for adverse possession include:
Insanity
There are three forms of concurrent ownership:
Joint tenancy
The joint tenancy is when two or more own with the:
Right of survivorship
The tenancy by the entirety is a protected ______ between ___ with the right of ___
Marital interest
The tenancy in common is when two or more own _________
Without the right of survivorship
In a joint tenancy
when one tenant dies:
A joint tenant's interest is alienable ______
which means that it is _____ during its holder's ____
A joint tenant's interest is neither ___ nor ___ because of the right of ___
Devisable
To create a joint tenancy
4 things must be met:
In addition to the four unities
to create a joint tenancy the grantor must ______ the right of survivorship. An example of this is "To A and B as ____ with the ______"
To sever a joint tenancy
remember the acronym ___
T/F: A joint tenant may sell or transfer her interest during her lifetime
TRUE
T/F: A joint tenant must have the consent of the other joint tenant(s) in order to sell or transfer her interest
FALSE
One joint tenant's sale severs the joint tenancy as to ______ because _____
The seller's interest
The buyer of one's share of a joint tenancy is now:
A tenant in common
If we started with joint tenancy of three people
and person 1 sells their joint tenancy
To A, B, and C as joint tenants with the right of survivorship. Each owns what?
1/3 and the right to possess the whole
To A, B, and C as joint tenants with the right of survivorship. Then A sells her interest to D. What is the result?
D is a tenant in common (1/3)
To A, B, and C as joint tenants with the right of survivorship. Then A sells her interest to D. B dies
leaving his interest to his heir E. What is the result?
The three types of partition are:
By voluntary agreement
Partition by voluntary agreement is an _______ way to end the relationship
Allowable and peaceable
Partition in kind is a _______ for a ___ division of the property
if in the best interests of _____
Partition in kind would work best when:
Blackacre is sprawling acreage
A forced sale is a _____ when
in the best interests of ______
A forced sale will work best when:
Blackacre is a home or single building
A tenancy by the entirety can be created only between _____
who take as fictitious "_____" with the right of ___
In states that recognize the tenancy by the entirety
it arises presumptively in any conveyance to ______ unless the language of the grant _______
The most protected form of ownership is:
Tenancy by entirety
T/F: Creditors of only one spouse can touch tenancy by the entirety for satisfaction of the debt
FALSE
One spouse
acting alone
For the tenancy in common
each co–tenant owns ________
Each interest in a tenancy in common is ___
___
Suppose siblings A and B co–own a cabin. A contributed 90% of the purchase price and B contributed 10%. This form of ownership is a:
Tenancy in common
T/F: In a tenancy in common
if there are disproportionate funds used to purchase the property
If one co–tenant in a tenancy in the entirety wrongfully excludes another co–tenant from possession of the whole or any part
he has committed ___
Absent ___
a co–tenant in exclusive possession is ______ to the other co–tenants for rent
If one co–tenant rents the building's basement to a third party
each co–tenant is entitled to:
A and B own a house as tenants in common. A moves across the country and stays for the next 20 years. Can B acquire title to the whole
to the exclusion of A
Tenants in common are responsible for their _____ of carrying costs
Fair share
A repairing co–tenant enjoys a right to ____ during the life of the co–tenancy for ___
___ repairs
Reasonable
necessary
During the life of a co–tenancy
there is no right to contribution for ___ made by ____
At partition of a tenancy in common
if one tenant made "improvements" unilaterally during the life of the co–tenancy
A co–tenant must not commit ___
Waste
During the life of a co–tenancy
a co–tenant is permitted to bring an action for ___ against another co–tenant
The four leasehold estates are:
The tenancy for years
The tenancy for years is for a:
Fixed
T/F: A tenancy for years could be as short as a week or as long as 50 years
TRUE
Whenever you know a termination date from the start
you have this kind of tenancy:
The notice required to terminate a term of years tenancy is:
No notice
A term of years greater than ____ must be in writing bc of the SOF in order to be enforceable
One year
A periodic tenancy is a lease that continues for ________ until L or T give ______ of termination
Successive intervals
The hallmark of a periodic tenancy is:
Continuous until properly terminated
A periodic tenancy can be created ___ or ___
Expressly
1. Land is leased w _______
but provision is made for the payment of rent at _____
3. In a residential lease
if a landlord elects to ______ a tenant who has wrongfully stayed on ______ of the original lease
A periodic tenancy is terminated by:
Notice
To terminate a periodic tenancy
the amount of notice necessary is:
To terminate a periodic tenancy
the parties may ________ the common law prescribed notice provisions by ______
The tenancy at will is a tenancy of _______
No fixed period of duration
A tenancy at will must be created ____
Expressly
Unless the parties expressly agree to a tenancy at will
the payment of regular rent will cause a court to treat the tenancy as:
In theory
a tenancy at will can be terminated by ____ at ____; yet today
A tenancy at sufferance is created when T has _______
Wrongfully held over past the expiration of the lease
A hold over tenant gets the tenancy at sufferance in order to:
Permit L to recover rent
The tenancy at sufferance is _____; it lasts only until _____ or _____
Short–lived
A tenant has two primary duties:
Duty to repair
When the lease is silent as to tenant's duty to repair
tenant:
Tenant's duty to repair is linked to the doctrine of ___
Waste
When a tenant removes a fixture
tenant commits:
A fixture is a ________ that
by virtue of its ___ to realty
Common examples of fixtures include:
Heating systems
Fixtures pass with:
Ownership of the land
If what T installed amounts to a fixture
then:
Two ways to tell when a tenant installation qualifies as a fixture:
1. Express agreement controls
2. If no express agreement
T may remove a chattel T installed so long as removal does not cause substantial harm to the premises
If removal of a fixture will cause ______ to the premises
then in ___ judgment T has shown the intention to ___ the fixture
At common law historically
T was responsible for any ___ to the property
Today
the majority view is that T may _____ when premises are destroyed at no fault of T
If T breaches the duty to pay rent and is in possession of the premises
the landlord's options are:
If L moves to evict a T who hasn't paid rent
is L still entitled to rent?
If the landlord moves to evict a tenant
the defaulting tenant is now deemed _____ by virtue of the eviction action
If T breaches duty to pay rent
L cannot engage in ___
Self–help for a L against a T who hasn't paid rent is flatly ___ and is punishable ___ and ___
Outlawed
If T breaches duty to pay rent but has left the possession
L has 3 options:
Surrender (Treat T's abandonment as implicit offer of surrender
which L accepts)
If T breaches duty to pay rent and abandons premises
L must at least try to ____ under the majority view in order to _____
The majority rule for an L's duty to deliver possession requires that L put T in:
Actual possession of the premises
If at the start of T's lease
a prior holdover T is still in possession
Quiet enjoyment is an ____ covenant
Implied
The implied covenant of quiet enjoyment arises by ___ in every ___ and ___ lease
Implication
The implied covenant of quiet enjoyment provides that T has the right to:
Quiet use and enjoyment without interference by L
Landlord could breach the covenant of quiet enjoyment by:
Wrongful eviction
Breach of the covenant of quiet enjoyment by wrongful eviction occurs when:
L wrongfully evicts or excludes T
Breach of the covenant of quiet enjoyment by constructive eviction occurs if three elements are met:
SING
T/F: The landlord is not generally liable to a tenant for the wrongful acts of other tenants
TRUE
The landlord is liable to a tenant for the wrongful acts of other tenants in the instances that:
1. L must not allow a nuisance on the site
The implied warrant of habitability only applies to ___ leases and not to ___ leases. It ___ waivable.
Residential
The implied warranty of habitability provides that the premises must be ___ for ______
Fit
The appropriate standard for habitability is discerned by:
Case law and statutory law (housing code)
What kinds of problems trigger breach of implied warrant of habitability?
Fundamentally incompatible with basic human dwelling (no heat in winter
When implied warranty of habitability is breached
T is entitled to:
The difference between the covenant of quiet enjoyment and the implied warranty of habitability in terms of remedies is that:
For the covenant of quiet enjoyment
For the implied warranty of habitability
T could vacate but is not required to in order to seek remedies
If T lawfully reports L for housing code violations
L is _______ T by raising rent
In the absence of some prohibition in the lease
T may freely transfer his or her interest in the whole (_______) or in part (thereby accomplishing _____)
In the lease
L can prohibit T from assigning or subletting without L's _____
As a result of assignment
L and T2 are in privity of ___
T/F: A landlord and sublessee are in privity of contract
FALSE
T/F: A landlord and sublessee are in privity of estate
FALSE
In a sublease situation
the relationship between L and T1 _____
Under the common law of caveat lessee
__________. In other words
There are 5 important exceptions to the common law of caveat lessee:
CLAPS
Latent defects rule (L must warn T of hidden defects of which L has knowledge or reason to know––duty to warn
not duty to repair)
Assumption of repairs (While under no duty to make repairs
once undertaken
Public use rule (L who leases public space and who should know bc of significant nature of defect and short length of lease
that T will not repair
An easement is a ___ of a _______ interest that entitles its holder to some form of ___ or ___ of another's land
Grant
Easements can either be ___ (the right to _______ on the servient land)
or ___ (entitles its holder to ___ the servient landowner from ______)
Negative easements are typically only recognized in 4 categories:
LASS
A minority of states also allow a negative easement for:
Scenic view
Negative easements can be created:
Only expressly by a writing signed by the grantor
There is no ___ or ___ right to a negative easement
Natural
An easement is either ___ to land or it is held ____
Appurtenant
The easement is appurtenant when it benefits its holder in his _______ of his property
Physical use or enjoyment
In an easement appurtenant
_______ must be involved: ______
The easement is in gross if it confers upon its holder _______ that is not related to his use or enjoyment of his land
Only some personal or pecuniary advantage
The appurtenant easement passes ____ with the dominant tenement
regardless of whether ______
The appurtenant easement passes ___ with the servient tenement
unless the new owner is a __________
The easement in gross is not ____ unless it is for a commercial purpose
Transferable
There are 4 ways to create an affirmative easement:
PING
For creation of an affirmative easement by grant
an easement to endure more than one year must be in a ___ that conforms with ___
For creation of an affirmative easement by implication
the court would have to find that:
For creation of an affirmative easement by necessity
this will be implied when grantor conveys a portion of its land with ______
Where express easement terminated through merger
but then previously dominant prop is sold
1. Before tract is divided
an ____ use exists on servient part;
3. Court determines parties intended use to ___ after prop was divided
1. Apparent and continuous
Where there is an easement by necessity
the owner of the servient parcel has the right to ___ the easement
For creation of an affirmative easement by prescription
it is acquired by analogy to _____. Remember _____
____ defeats the acquisition of an easement by prescription
Permission
The scope of an easement is determined by:
Terms or conditions that created it
There are 8 ways to terminate an easement:
END CRAMP
For termination of easement by estoppel
the servient owner:
For termination of easement by necessity
it expires as soon as ______
For termination of easement by destruction
destruction of the _____
Condemnation of the servient estate by _______ will terminate an easement
Governmental eminent domain power
A ___ in ___ given by the easement holder to the servient land owner will terminate an easement
Release
For termination of easement by abandonment
an easement holder must show:
For termination of easement by merger
the easement is extinguished when title to the ___ and title to the _____ become _______
For termination of easement by prescription
the servient owner may extinguish the easement by ___ with it in accordance with the elements of _____ (remember _____)
COAH (continuous interference
open and notorious
A license is a _____ to _____ for some _____. It does not need a ___.
Mere privilege
Licenses are freely ___ at the will of the licensor
unless ____ applies to bar it
Classic license cases are:
Ticket cases
Estoppel will apply to bar revocation of a license only when the licensee has:
Invested substantial money or labor or both in reasonable reliance onthe license's continuation
The profit entitles its holder to enter the servient and and take from it:
Soil or a product of the soil (timber
T/F: A profit is an interest in land
TRUE
T/F: A license is an interest in land
FALSE
The rules for creating and terminating profits are:
The same as for easements
A covenant is:
A promise to do something or not do something related to land
A covenant is unlike an easement bc it is not the _____
but instead is a _____
Covenants can be either:
Negative (restrictive) or affirmative
A restrictive covenant is:
A promise to refrain from doing something related to the land
An affirmative covenant is:
A promise to do something related to the land
A promise not to sell commercially
a promise not to have pets
A promise to maintain a common fence or garden is an example of:
Affirmative covenant
The difference between covenants and equitable servitudes is:
The remedy
The requirements for a burden of a covenant to run are:
WITHN
T/F: Covenants to pay money to be used in connection with the land (e.g.
homeowners association fees) touch and concern the land
T/F: Covenants not to compete do not touch and concern the land
FALSE
Horizontal privity refers to the nexus between the _______
and it requires that they be in _______
Vertical privity refers to the nexus between ______ and simply requires some ______
such as ___
Vertical privity will be absent only when:
A–1 acquired interest through adverse possession
The requirements for a benefit of a covenant to run are:
WITV
T/F: Horizontal privity is required for the benefit of a covenant to run
FALSE
The equitable servitude is a promise that ___ will enforce against successors
Equity
To create an equitable servitude that will bind successors:
WITNES
Writing (generally
but not always)
T/F: Privity is not required to bind successors to an equitable servitude
TRUE
The implied equitable servitude is the ____ doctrine
General or common scheme
The two elements of a general or common scheme doctrine are 1. when the sales began
the ____ had a _____ of _____
The types of notice sufficient for implied equitable servitude are:
Actual notice
The changed circumstances alleged by the party seeking release from the terms of an equitable servitude must be:
So pervasive that the entire area has changed. Mere pockets of limited change are not enough.
Every conveyance of real estate consists of a two–step process: 1. The _____
which conveys _____ and endures until ____. 2. The ___
Under SOF
the land contract must be:
An exception to the SOF is the doctrine of ____
where performance of an oral K for the sale of land will be enforceable if 2 of the three are met:
In equity
___ owns the and once the K is signed
If in the interim between K and closing
Blackacre is destroyed through no fault of either party
There are two implied promises in every land contract:
Seller will provide marketable title
Marketable title is free from _______ and _______
Reasonable doubt
Three circumstances will render title unmarketable:
Adverse possession
Marketable title means an unencumbered fee simple
which means that ____ and ___ render title unmarketable unless ______
Seller has the right to satisfy an outstanding mortgage or lien at the closing with _____
The proceeds of the sale
If premises are in violation of applicable zoning ordinances
market is ___
The majority of states hold seller liable for failing to disclose _______ in a land contract
Latent material defects
T/F: The seller can avoid liability for fraud/failure to disclose by including in the K a general disclaimer of liability
FALSE
T/F: In a land contract
there is an implied warranty of fitness
T/F: In a land contract
there is an implied warranty of habitability
The common law norm w/r/t land contracts is:
Caveat emptor––buyer beware
To pass legal title from seller to buyer
the deed must be:
T/F: The deed must be in writing
TRUE
T/F: The deed must recite consideration
FALSE
T/F: Consideration must pass in order for a deed to be valid
FALSE
In a land contract
the desription of the land does not have to be ___
The delivery requirement for a deed could be satisfied when the grantor ___ or ___ transfers the deed to the grantee
which could also be by _____
agent
The standard for delivery is one of _______: Did the grantor have the _____ to be bound
irrespective of whether the deed was literally handed over?
Recording a deed that has been acknowledged before notary is prima facie evidence of ___
Delivery
If the recipient expressly rejects a deed
then:
If a deed
absolute on its face
Delivery by ___ is permitted
where grantor delivers an executed deed to a third party (known as ___) with instructions that the deed be delivered to grantee once certain conditions are met. When conditions are met
If deed is delivered by escrow
but grantor dies/becomes incompetent before conditions are met
There are three types of deeds:
Quitclaim deed
The quitclaim deed is the ____ deed a buyer could want. The grantor promises ________
Worst
Nothing
not even that he has title to convey
The general warranty deed is the ___ deed a buyer could want. It warrants against:
Best
All defects in title
including those attributable to grantor's predecessors
The general warranty deed typically contains all six of the following covenants
The covenant of seisin
The covenant of seisin is a ___ covenant
where the grantor promises that:
The covenant of the right to convey is a ___ covenant
where the grantor promises that:
She has the power to transfer (under no disability
no restrictions or infancy
The covenant against encumbrances is a ___ covenant
where the grantor promises that:
Present covenants mean that it is breached
if ever
The statute of limitations for breach of a present covenant begin to run:
At delivery
A future covenant is not breached
if ever
The SOL for breach of a future covenant begins to run:
When grantee is disturbed in possession
The covenant for quiet enjoyment is a ___ covenant
where the grantor promises that:
The covenant of warranty is a ___ covenant
where the grantor promises that:
The covenant for further assurances is a ___ covenant
where the grantor promises that:
The special warranty deed contains the same covenants as the ______ deed
but here ________
If B is a BFP
and we are in a notice jx
If B is a BFP and we are in a race–notice jx
then:
A bona fide purchaser is one who:
Buys for value
If someone pays half fair market value
are they still a BFP?
Recording statutes do not protect ___
___
Actual notice means that:
Prior to B's closing
Inquiry notice means that whether B examined Blackacre prior to closing
he's on notice of:
Inquiry notice menas that if a recorded instrument makes reference to an unrecorded transaction
grantee is on inquiry notice of:
B is on record notice of A's deed if:
At the time B takes
What kind of jx contains this language: "A conveyance of an interest in land shall not be valid against any subsequent purchaser for value
without notice thereof
What kind of jx contains this language: "A conveyance of an interest in land shall not be valid against any subsequent purchaser for value
without notice thereof
The chain of title is:
The sequence of recorded documents capable of giving record notice to subsequent takers
Chain of title is established in most states by:
A title search of grantor–grantee index
Three discrete chain of title problems are:
The shelter rule
The shelter rule states that one who takes from a BFP will prevail against:
Any entity that the transferor–BFP would have prevailed against
If a deed
entered on the records (A to B)
Under the doctrine of ______
one who conveys realty in which he has no interest is estopped from denying the validity of that conveyance if _______
A mortgage is:
The conveyance of a security interest in land
A mortgage is a union of two elements:
Debt
When speaking of a mortgage
the debtor is called the ____ and the creditor is called the ____
There are two primary ways to mortgage land:
Purchase money mortgage
The purchase money mortgage is:
An extension of value by a lender who takes as collateral security interest in the very real estate that its loan enables the debtor to acquire
The mortgage typically must be _____ to satisfy SOF
In writing
In a jx that adopts title theory of mortgages (___ rule)
a mortgage has what effect on a joint tenancy?
Mortgage regarded as actual transfer of title
so this severs joint tenancy w/r/t mortgagor (mortgagee now tenant in common)
In a jx that adopts lien theory of mortgages (___ rule)
a mortgage has what effect on a joint tenancy?
Mortgage is just a lien on title
so one joint tenant's mortgage on interent doesn't sever joint tenancy until default and foreclosure proceedings are completed
T/F: All parties to a mortgage can transfer their interests
TRUE
The mortgage automatically follows a _____
Properly transferred note
If O (debtor–mortgagor) sells Blackacre
which is now mortgaged
T/F: All recording statutes apply to mortgages as well as deeds
TRUE
If a Buyer "assumed the mortgage
who is personally liable on the mortgage?,Both Buyer (primarily liable) and O (secondarily liable)
If Buyer takes "subject to the mortgage
who is personally liable on the mortgage?,Only O, but if recorded, the mortgage remains on the land, so if O does not pay, the mortgage may be foreclosed and the land may be taken from B
If debtor–mortgagor defaults on a loan
and the mortgagee–creditor must look to the land for satisfaction
At foreclosure
land is sold
If the proceeds from a foreclosure sale of Blackacre are less than the amount owed
then:
If there is a surplus from a foreclosure sale
then:
Foreclosure will terminate interests ___ to the mortgage being foreclosed
but will not affect ___ interests
The necessary parties to a foreclosure action are:
Junior lienholders
Failure to include a necessary party in a foreclosure actin results in:
Preservation of that party's claim
A mortgage creditor must ___. Until then
they have no priority.
Once recorded
priority for mortgagees is determined by:
A _____ may allow a mortgagee to jump priority
Purchase–money mortgage
A debtor may grant a creditor a floating lien when:
At its inception
By _____
a senior creditor may agree to subordinate its priority to a junior creditor.
Equitable redemption w/r/t mortgage and foreclosure is universally recognized when?
Up to the date of sale
At any time prior to hte foreclosure sale
the debtor has the right to _________. This is known as _______
Once a valid foreclosure has taken place
the right to equitable redemption is ____
How is the right of equitable redemption exercised when the note does not contain an acceleration clause?
Pay off missed payments + expenses and accrued interest
How is the right of equitable redemption exercised when the note does contain an acceleration clause?
Must pay off full balance + accrued interests + costs
T/F: A debtor/mortgagor may waive the right to redeem the mortgage itself
FALSE
The principal means to achieve flexibility in zoning is the ___
Variance
The variance grants a landowner permission to _______
Depart from a zoning stricture
A proponent of a variance must show ______ and that the variance will not _________
Undue hardship
The variance is granted or denied by ____ action
typically in the form of a ____
A once lawful
existing use is now deemed nonconforming by a new zoning ordinance. Can the once lawful use be eliminated all at once?
A use of prop that exists at the time of passage of a zoning ordinance that doesn't conform generally cannot be eliminated all at once and can continue ___
but any change in the ___ (which is key here
There are two types of zoning ordinances:
Cumulative
A cumulative zoning ordinance creates a ___ of uses of land
where a _____ is the highest
Under a cumulative zoning ordinance
land that is zoned for a particular use may be used for:
Under a noncumulative zoning ordinance
land that is zoned for a particular use may be used for:
In a condominium
each owner owns the ______ plus an ___ interest in the ______
The owner of each condominium is a member of the ___
which oversees the ______
The HOA passes rules (contained in what's called a _________)
that prescribe ________
Each condominium owner must pay _____ to the HOA to ______
Regular dues
The CC&Rs of an HOA is enforced by:
A board elected by HOA
If the monthly fees of HOA are insufficient to pay necessary expenses
then: