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26 Cards in this Set
- Front
- Back
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Dower and Curtesy in KS?
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Abolished
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Rule in Shelley's Case?
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Abolished - "to A for life, then to A's heirs" = life estate for A, remainder in A's heirs
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Doctrine of worthier title?
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Abolished for testamentary transfers.
Testamentary transfer "O to A for life and on A's death, to my heirs." gives A a life estate, O's heirs a contingent remainder and O a reversion |
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"Life tenant shall have power to sell and dispose of the property during her lifetime"
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Life estate, remainderman is treated as having a fee simple subject to defeasance.
If life tenant sells property, she can convey a fee simple estate to purchaser and eliminate remainderman's interest. Power of disposal gives POWER to convey a fee, not a fee |
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Power to dispose - does it give life tenant any power to invade corpus?
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No, still only entitled to the income from property or derived from proceeds of the sale of property.
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KS courts aren't sure if remainder is vested or not, default?
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Vested
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What does KS do with rule against perpetuity?
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Uniform Statutory Rule Against Perpetuities - USRAP
Wait 90 years to see if it vests Invalid interests reformed in manner most closely approximates transferor's plan. |
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What is a prerequisite for a mechanic's lien?
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Furnishing of material is lienable only if used to ENHANCE THE VALUE of the property or adapt it for a NEW OR FURTHER PURPOSE.
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When does a mechanic's lien attach?
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As soon as the labor, materials, equipment are FURNISHED
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When does a mechanic's lien have priority over a mortgage
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If there is ANY UNPAID lien on a property when the mortgage is recorded, then ALL LIENS have priority (even those liens perfected after recording mortgage)
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How does a mortgage holder avoid having to pay all lien-holders?
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Obtain a lien waiiver from all unpaid liens before it records
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How do I satisfy my secured credit after default?
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1. Judicially foreclose on the real property
2. Abandon the security interest and sue on underlying debt, instead. |
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Do you need a straw man to create a joint tenancy?
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Not in KS
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A conveyance to husband and wife, what's presumption?
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Tenancy in common - not joint unless clear intent
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Mortgage effect on joint tenancy?
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KS - severs joint tenancy.
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H & W had a joint bank account. W became incapacitated and H added couple's son and daughter to account. Signature card on account provided that "any one of the owners who shall first act shall have power to act in all matters related to this savings account, whether owners are living or not."
Was it proper to add the children as joint tenants? |
Yes, because of the language on the card.
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What does a creditor have to prove to get access to more than 50% of a joint tenancy bank account?
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Since it's presumed that each JT has an equal interest, must prove the debtor's interest is more than 50%
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Effect of murder on JT?
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Becomes tenancy in common
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Effect of divorce on JT?
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Tenancy in common
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Tenancy by the entirety?
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Not recognized in KS
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Contribution for improvements?
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If co-tenant knew of improvements and did not object, then, yes, can be required to contribute
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Without term in lease about notice, what notice required for year-to-year tenancy?
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30 days notice - written to TENANTS
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Without term in lease about notice, what notice is required for tenancy at will?
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written 30 day notice
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Without term in lease about notice, what notice is required to terminate for failure to pay rent and lease is less than 3 months?
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3 days notice
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Without term in lease about notice, what notice is required for termination for failure to pay rent and lease is more than 3 months?
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10 days notice
Tenant may cure |
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What does the Kansas Residential Landlord and Tenant Act forbid in residential leases?
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1. Any waiver of statutory rights or remedies
2. Confessions of judgment 3. agreements to pay atty's fees 4. Exculpatory or indemnity clauses Court can refuse to enforce for unconsiconability |
