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9 Cards in this Set
- Front
- Back
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What is the status of the destructibility of contingent remainders in PA? |
PA has not adopted the majority rule.
CL and PA rule = The contingent remainder is destroyed if not satisfied before or upon termination of the prior freehold estate. E.g. To A for life, and then to B, if B marries C. If A dies and B is not married, B never gets. Majority View: O or O's heirs holds property subject to an executory interest. |
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What is the status of the Rule in Shelly's Case?
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Rule in Shelly's Case = If O granted A to Life and remainder to A's heirs, the interests would merge into fee simple absolute to A.
PA abolished the rule. |
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What's the status of the doctrine of worthier title?
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Doctrine of Worthier Title = A remainder in grantor's heirs is invalid and becomes a reversion in the grantor.
PA abolished the rule |
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Is PA a Title Theory or Lien Theory Jurisdiction?
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Title Theory
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In PA, what's the effect of mortgages to land owned by joint tenants?
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PA follows an intermediate view. If all joint tenants execute the mortgage, then the joint tenancy is not destroyed.
If less than all joint tenants execute a mortgage, then joint tenancy is destroyed |
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In PA, how long must a lease be before it MUST be in writing?
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3 years
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In PA, what is the affect of a Landlord's breach of the Implied Warranty of Habitability
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PA follows majority view, exept breach of warranty does not impose duty on landlord to make repairs or necessarily expose landlord to tort liability for failure to repair
Damages are measures by an abatement of the rent equal to percentage of th rent that reflects the diminution in use for the intended purpose |
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In PA, what is the status of the doctrine of equitable conversion and the buyer's risk of loss in a contract to purchase land?
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In full effect and buyer retains the risk of loss after signing a contract for purchase of land
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What type of recording state is PA?
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Race notice
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