Prop Mbe

Front 1

A person owning an estate in real prop can create and transfer a lesser estate. The residue left in the grantor is...

Back 1

a reversion.

Front 2

a reversion is (ways it can change hands)

Back 2

transferable, devisable by will & descendible by inheritance.

Front 3

can the holder of a reversion sue a possessory owner?

Back 3

yes. ex: for waste.

Front 4

when a joint tenant conveys his interest it automatically becomes...

Back 4

a tenancy in common interest. (b/c of unity of time)

Front 5

There is an implied warranty in every land sale K that at closing the seller will provide the buyer w/

Back 5

marketable title, title reasonably free from doubt.
zoning doesn't effect unless existing violationg, then unmarketable. building codes are not an encumberance

Front 6

relation back doctrine for deeds in escrow

Back 6

Generally title does not pass tot he grantee until performance of the specified conditions. Deed in escrow=valid conditional delivery, title transfers when payment occurs unless justice requires title to be deemed back to time put in escrow.

Front 7

Does the holder of a servient estate have the right to choose location of an easement by necessity?

Back 7

Yes.

Front 8

A remainder is vested when...

Back 8

the beneficiaries are ascertainable and their taking in possession is not subj to a condition precedent.

Front 9

vested remainders are subjc to total divestment if...

Back 9

possession is subj to being defeated by the happening of a condition subsequent.

Front 10

mortgage is

Back 10

a security interest in property

Front 11

a note is

Back 11

evidence of the underlying debt

Front 12

tenancy by the entirety - can one spouse convey or uncumber the prop?

Back 12

No, not acting alone.

Front 13

Does improper recording affectt he rights of parties to an easement?

Back 13

Not if they are the original parties. there was a writing signed by grantor.

Front 14

Generally conveyance of real prop contains no warranties of quality or fitness for the purose intended, but exception for

Back 14

sale ofa new house by the builder. implied warrnaty that the new house is deisgned and constructed in a reasonably workmanlike manner and suitable for human habitation.

Front 15

chattel

Back 15

a fixture that has been so affixed to the land that it becomes part of the realty.

Front 16

Chattels in divided ownership cases (owned and brought to realty by someone other than the L)

Back 16

the lease controls whether the chattel was intended to become a fixture. BUT regardless of any agreement items that have become incorporated into the structure of the realty always become part of the realty

Front 17

color of title

Back 17

merely means possession of a document purporting to convey title. It is not necessary to gain title by adverse possesion.

Front 18

possession of a portion of a unitary tract is sufficient adverse possession of the whole if

Back 18

there is reasonable proportion btwn the part actually possessed and the whole, and if the possessor has color of title.

Front 19

IF one co-T ousts another from possesion of whole or part of the premises, the ousted T...

Back 19

is etitled to receive her fair share of the rental value of the prop for the time she was wrongfully deprived of possesion.

Front 20

the seller of a prop need not have marketable title until the closing, so buyer

Back 20

cannot rescind prior to that date on grounds that seller's title is not marketable. seller has right to satisfy and eliminate title defects at the closing with proceeds from sale as long as price is sufficient and mortg paid simultaneously w/ transfer

Front 21

do any morg. or lien constitute and encumberance on prop?

Back 21

Yes. an encumbrance is any interest in land that diminishes its value.

Front 22

what is the only possible negative effect of granting a morg. for antecedent debt?

Back 22

the ME is not considered a purchaser for value and thus is not protected by a recording statute.

Front 23

When one joint tenant dies...

Back 23

the property is freed from her concurrent interest. survivors retain an undivided right in the property no longer subjc to interest of the deceased co-t.

Front 24

wills are inoperative as to joint tenancy properties b/c

Back 24

at the instant of death the decedents rights in the prop evaporate.

Front 25

easement by implication, exception to stat of frauds, and is implied if:

Back 25

prior to time prop divided, a use exists on the "servient part" that is reason necess for the enjoyment of the dominant part and parties intend the use to continue after division of prop.

Front 26

How is reasonable necessity for an implied easement determined?

Back 26

many factors. including cost and difficulty of alternatives, and whether hte price paid reflects the expected continued use.

Front 27

If a covenant in a subdivision deed is silent to who holds it's benefit then who is entitle to inforce it?

Back 27

any neighbor if a general sheme or plan is found to have existed at the time she purchased her lot.
prior purchaser can enforce a restriction in a subsequent deed from common grantor under 3rd party beneficiary theory or implied reciprocal servitude. - all other landowners can enforce cov.

Front 28

covenants in a lease are independent of each other, so if a party breaches one...

Back 28

the other can recover damages but must still perform his promises and cannot terminate L-T relationship

Front 29

implied warranty of habitability

Back 29

generally L not liable to T for any damage caused by L's failure to maintain during lease. Most states now apply standard of wherhter the conditions are reasonably suitable for human res in the absence of a local housing code.

Front 30

if L breaches implied warranty of habitability, T can...

Back 30

(1) terminate lease (ii) make reparis and offset cost against future rent (iii) abate rent, or (iv) seek damages.

Front 31

doctrine of constructive eviction

Back 31

provides that where L does an act or fails to perform some service that he has a legal duty to provide, and thereby makes the property uninhabitable, the T may termiante the leaes and seek damages. (L must have rendered uninhabitable and T vacates reasonable time)

Front 32

exception to doc of constructive eviction, T cannot claim unless:

Back 32

(i) injuries acts were caused by the L, (ii) the premise are uninhabitable, and (iii) the tenatn vacates the presmises w/in a reasonable time.

Front 33

only diff btwn a quit claim deed and warranty deed

Back 33

warranty deed normally contains covenants for title, the breach of which gives rise to COA against the grantor, and a quitclaim deed contains no assurances by the grantor.

Front 34

what instruments affecting title to real property can/should be recorded?

Back 34

ALL instruments affecting title to real prop are can and should be recorded.

Front 35

a covenant is enforceable as an equitable servitude, allowing covantee, covantor or successor to enforce it in equity by way of injunction when...

Back 35

(1) cov in writing satis. stat of fraud
(2) touches and concerns the land
(3) indicates an intention servitude exists (4) notice given to future owners of burdened land.

Front 36

easements (like other intersts in land) are good against subsequent holders of the servient (burdened) land as long as...

Back 36

the interest is recorded

Front 37

the holder of an easement has the right to

Back 37

use the tract of land for a special purpose, but has no right to possess or enjoy the land.

Front 38

A remainder created in favor of an unborn person has to be a

Back 38

contingent remainder