Bar Review Flash Cards

Front 1

When is a finder of lost property guilty of larceny? Larceny requires that at the time of the taking; the defendant must have the intent to permanently deprive the person of the property.: 1)A finder of lost property may be guilty of larceny if he (i) knows the owner’s identity or has reason to believe he can find it out; and (ii) at the moment he takes possession of the lost property

Back 1

has the intent necessary for larceny

Front 2

When does attachment of jeopardy does not bar retrial? Attachment of jeopardy does not bar retrial for murder if the victim dies after jeopardy attached to a battery charge.The Fifth Amendment privilege protects testimonial or communicative evidence. For a communication to be considered testimonial; it must explicitly relate a factual assertion or disclose information. Writing down one’s bank accounts would disclose information and thus be considered testimonial; permitting the person to raise the privilege.(i) Manslaughter if jeopardy attached to a murder charge

Back 2

(ii) Armed robbery if jeopardy attached to a felony murder charge

Front 3

Question

Back 3

Answer

Front 4

Can you get adverse possession if you enter the property and rent it out for the statutory period?

Back 4

Yes. Renting a proptery is something than an owner would do.

Front 5

What happens if there is a dispute btw joint tenants on rural property? On urban property?

Back 5

Rural property would get partitioned. Urban property would be sold and the proceeds divided.

Front 6

When does Restraint on Alienation apply? What types are there?

Back 6

Generally any restriction on LEGAL (not equitable) interest is void: 1)Disabling restraints - attempted transfer is ineffective (VOID on ANY legal interest); 2) Forfeiture Restraints - attempted transfer forfeits interest; 3) Promissory Restraints - attempted transfer breaches covenant.

Front 7

Can O prevent a trust of a beneficiary from selling property? Why isn't that a restraint on alienation?

Back 7

"Restraint on Alienation only applies to legal interests - not equitable interests: 1)Note - forfeiture and promissory restraints are valid on life estates (but not disabling restraints); 2) Not - CAN restrict commercial transactions, first right of refusal, assignment/sublease"

Front 8

"Does this phrase violate RAP, ""to my nephew, his heirs and assigns, so long as used for camping, otherwise to the Boy Scouts"""

Back 8

Yes. Boy Scouts could vest in 1000 years. They get nothing.

Front 9

Lawyer creates a week-to-week lease at a hotel; gives 3 days notice. For how many days does he owe? Why?

Back 9

10 days. For a periodic tenancy of less than 1 year; notice must be given a full period in advance.

Front 10

"RAP violation? ""covenant binds the Purchaser to offer to Mike and his heirs a first right of refusal"""

Back 10

Yes. Property could be sold in 1000 years.

Front 11

What happens when a property has a judgment lien and is transferred by a) general warranty THEN b) special warranty THEN c) general warranty?

Back 11

"Only ""c"" is liable because present covenants (as opposed to future covenants) do not run with the land. "

Front 12

"What happens when Mortgagor sells to buyer who ""assumes"" a mortgage and THEN resells to Company which takes ""subject to"" the mortgage and promptly defaults?"

Back 12

": 1)Buyer is on the hook because he ""assumed the mortgage."" ; 2) Original Mortgagor is secondarily as a surety regardless of transfer.; 3) Company is not on the hook (took only ""subject to"" the mortgage)"

Front 13

a) mortgage 1 - 15k b) mortgage 2 - 10 contract c) Modification - mortgage 1 increases to 20k. What happens when Mortgage 2 forcloses?

Back 13

"Because Mortgage 1 was modified + became more burdensome (as in an ""optional advance""); the junior mortgage is given priority over the modified loan. "

Front 14

If A builds a well on B's land and uses the well for 25 years (beyond the statute of limitations for adverse possession); can he get an implied easement? What if B goes senile at year 15?

Back 14

No. : 1)A Has acquired the well by adverse possession. ; 2) A CANNOT get an implied easement (no division of division of a parcel with an existing easement or deprives access); 3) Incompetence only affects adverse possession if incompentent at the time it accrues.

Front 15

What happens when you give someone your interest in a Joint Tenancy? What if you give your interest in a Tenancy by the Entirety? If you mortgage an interest in a Tenancy by the Entirety?

Back 15

Gift of interest severs joint tenancy; Donee retains an interest in a Tenancy in Common.: 1)Conveyance of an interest in a Tenancy by the Entirety is VOID.; 2) Mortgaging an interest in a TbtE is also void without spousal consent.

Front 16

Can you convey marketable title if there is a zoning ordinance violation? What if a building code violation?

Back 16

: 1)Zoning violation - prevents transfer of good title; 2) building code violation does not prevent transfer of marketable title.

Front 17

What happens when Owner sues under the common enemy theory because Neighbor forcing water to accumulate on Owner's land?

Back 17

Nothing. Under common enemy theory Neighbor is allowed to divert the course: 1)BUT - under natural flow theory - Owner can collect because Neighbor reduced quantity / quality / velocity of flow.

Front 18

What result if Buyer merges a property with an easement THEN sells the property (surrounded by swamp) and cuts off access to the road?

Back 18

Creates an Easement by Necessity

Front 19

Define Easement

Back 19

"An Easement is a non-possessory interest in land creating a right to use the land by someone else (also true of a profit, covenant, servitude): 1)An easement gives the right to use land for a special purpose but DOES NOT covey a right to possess or enjoy that land. "

Front 20

What covenants are included in general warranty deed?

Back 20

NOTE - 1-3 Are present covenant (which run with the land; enforced by remote grantees): 1)Seisin (has title + possession); 2) Right to Convey (Authority to grant - ie has title); 3) Against Encumbrances either Physical (encroachment) or title (mortgage); 4) Quiet Enjoyment (no 3P claims); 5) Warranty (Agm to defend against 3P claims); 6) Further Assurances (will perfect title if necessary)

Front 21

"Does this violate the RAP? I give my house to my son, but if he ever tries to sell it while he is alive, give it to my grandson."

Back 21

Does not violate RAP. BUT - DOES VIOLATE RESTRAINT ON ALIENATION.

Front 22

"Rap violation? ""so long as used for animal shelter purposes"""

Back 22

NO. RAP dna to : 1)possibility of reverter (FS Det); 2) Right of reentry (FS subj to cndn sub)

Front 23

H and W convey 2 10% parts of their interest in a joint tenancy. What is their interest?

Back 23

The joint tenancy remains in tact as to H and W. The 2 10% pieces own parts in a TIC.

Front 24

Landlord installs an oven on a residential lease. LL installs a new stove on a loan. Who owns the stove when LL defaults. The Bank? The Appliance Store? The LL?

Back 24

The bank. Loan on chattel would have to be recorded first in the real estate records for Appliance Store. Rather Mortgage attaches to all fixtures.

Front 25

Farmer comes into land as a BFP but by a chain of forged title but possesses past the Adverse Possession Statute. If he only uses the Southern half; does he adversely possess the northern half separated by gravel road?

Back 25

No. He did not ACTUALLY OCCUPY the Northern Part. Lots were distinct.

Front 26

"2 loans; THEN Judgment Lien. First loan gets an ""option advance"". Then Second is extended 5 years and an increase of 1%. Who is senior in a bankruptcy?"

Back 26

The Bank's judgment lien is senior when the others were modified.

Front 27

Owner sells; Buyer DN record. Owner dies; leaves everything to daughter who takes out mortgage on Property. Can lender foreclose on office building?

Back 27

Yes. The record statutes protect mortgagees and BFPs.

Front 28

Owner sells; Buyer DN record. Owner sells X2 to friend for $1 who records. Does Buyer have a claim against the BFP?

Back 28

Yes. Friend is not a BFP for value.

Front 29

Developer of a subdivision sells to Real Estate Firm who sells to Burger King. No reference to restrictions. Can they build?

Back 29

No. restrictive covenants from the developer run with the land.

Front 30

"RAP violation? To sister for life, remainder to the children of son in fee simple. Do the kids have an interest? What kind? Why?"

Back 30

No RAP violation - son is life in being. Children have a contingent remainder - flows naturally from the termination of sisters estate + contingent upon being born. Owner's heirs have possibility of reverter.

Front 31

Can you stop paying rent if the landlord breaches the lease?

Back 31

No. Generally the terms of a lease are independent of eachother. Must still pay rent. : 1)Exception - Actual/constructive eviction + IW of habitability

Front 32

Need a tenant in common share his profit with the other co-tenants? What about his rental income?

Back 32

"Co-tenant in possessipm retains his profits (in most Jurisdictions); and also DOES NOT share his losses. However, co-tenants out of possession have a right to share in rent from Third Parties."

Front 33

What are the 4 Unities for Joint Tenancy

Back 33

T-TIP --> Unity of: 1)time; 2) Title; 3) Interest; 4) Possession

Front 34

What is required to form a covenant? How is it terminated? What is the available remedy for breach?

Back 34

Benefit and Burden must run. For Burden - WITCH NV; For Benefit - VP WIT: 1)Terminated by a) written lease b) merger of estates c) condemnation; 2) Remedy - ONLY money damages

Front 35

What is required to form an equitable servitude? What is the remedy?

Back 35

"Formed by WIT ?: 1)Remedy - injunction or other equitable remedy (SPP, etc.); 2) enforced on assigns regardless of whether law says it will run with the land. "

Front 36

What is the Common Scheme Doctrine?

Back 36

Equitable Servitudes exist - If original deeds contain a common restriction and subsequent deeds do not.: 1)Reciprocal Negative Servitudes - (EG - a subdivision)

Front 37

Easement for power lines not recorded - alternate is very expensive. Previously tracts were under same owner. What result?

Back 37

Implied easement by operation of law (quasi-easement) where prior to division of parcels a) use exists + is reasonably necessary to to dominant estate AND b) Parties intended the use to continue after division.

Front 38

"Man leaves deed with banker saying ""when I die you are to give the deed to my girlfriend."" He rescinds. What result?"

Back 38

Man has Conditionally Delivered the deed with the intent that it have present operative effect. Therefore he cannot rescind.

Front 39

"Deed to neighbor ""for so long as used for residential purposes, then to XYZ charity."" Neighbor opens business on property; leaves property to friend. Owner survived by heir. Who gets the property?"

Back 39

"The friend because, remainder to charity violates RAP and might not vest for 1k years. "