"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 _____" "Mail", "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 _____" "Mail", "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:"
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