Property

Front 1

when a mortgagee under a deed absolute mortgage transfers to a BFP, does the mortgagor have any rights against the BFP or the mortgagee?

Back 1

when the mortgagee under a deed absolute mortgage transfers to a BFP, the mortgagor has no rights against the BFP, but he does have an action for redemption against the mortgagee for the value of the land, or, at his election, the proceeds of the sale

Front 2

What is Shelly's Rule?

Back 2

if a life estate is conveyed to A and in the same instrument a remainder is given to A's heirs, then A will take a remainder in FS. In other words, A's life estate merges with the remainder to his heirs this giving a FSA

Front 3

What is the doctrine of worthier title?

Back 3

"O conveys blackacre to J for life, remainder to O's heirs."

doctrine of worthier title is contrued today as a contruction whereby the grantor presumes not to create a remainder in his heirs, but rather intends to keep a reversion in himself

Front 4

at C/L, does a tenant remain liable to pay rent even though the building has been rendered totally uninhabitale due to fire, floods, storms, or other elements?

Back 4

Yes, still has to pay rent

Front 5

under the doctrine of equitable conversion who is the risk of loss from casualty and other fortuituous events placed on?

Back 5

placed on the purchaser(vendee) unless the result would not be equitable (as in the case of a superceding cause, e.g., city coucil rezones the lot)

Front 6

state the rule of a "pure" notice type of statute

Back 6

the BFP prevails over the prior interest whether the subsequent purchaser records or not

Front 7

do recording statutes protect a subsequent claimant who has not paid more then a nominal consideration?

Back 7

No, b/c he is not a purchaser

to be a BFP, must (1) be subsequent, (2)pay value, (3), be without notice, and (3) good faith

Front 8

What is the Doctrine of Estoppel By Deed (or "after acquired title")?

Back 8

when a person executes a deed purporting to convey an estate in land which he does not have or which is larger then he has, and such person at a later date acquires such estate in such land, then the subsequently acquired estate will, by estoppel, pass to the grantee

Front 9

what does a springing executory interest do?

Back 9

divests the estate of the transferor

ex. Homer's FS will be cut short if and when Bart receives his degree before age 30)

Front 10

when a transfer of lan is preceded by a K for sale, who has the risk of loss due to fire or other causualty?

Back 10

the buyer who must still pay the K price at the closing date, unless the K provides otherwise)

Front 11

what type of covenants are the covenant of seisin, the covenant of right to convey, and covenant against encumbrances, and when are they breached?

Back 11

they are present covenants and are breached at the time of conveyance

Front 12

what kind of covenants are the covenant for quiet enjoyment and the covenant of warranty and when are they breached?

Back 12

they are future covenants and are breached only upon interference with the possession of the grantee or his successors

Front 13

what is the shelter rule?

Back 13

a person who takes from a BFP will prevail against any interest that the transferor-BFP would have prevailed against, even if the person taking the property has actual or record notice of the prior interest

Front 14

if neither adverse party satisfies the recording statute of a particular jurisdiction, who wins?

Back 14

grantee who was first in time

Front 15

when a landowner enters into a modification agreement with the senior mortgagee that makes the mortgage more burdensome, will the Junior mortgage be given priority over the senior mortgage?

Back 15

Yes

need notice of junior interest????

Front 16

does a covenant to pay (fire) insurance run with the land?

Back 16

Yes, but only if the landlord uses the proceeds for repair or replacement

Front 17

does an assignment release the tenant fron his K obligations to the landlord under the terms of the original leasehold agreement?

Back 17

No, a lease is a K as well as a conveyance

Front 18

who may the power of eminent domain be delegated to?

Back 18

may be delegated directly or indirectly to a private person or enterprise subject to the requirements that the taking be for a public use and just compensation be given

Front 19

when there is a partial taking of a leasehold estate by condemnation, does the tenant have an action against the landlord for rent to be abated pro tanto?

Back 19

the majority rule is that rentals are not abated in this situation, but rather the tenant is obligated to continue to pay the rent and must look to an apportionment of the damages against the condeming authority

Front 20

what types of privity exist in a sublease?

Back 20

privity of estate and privity of K exist between the original landlord and tenant

privity of estate and privity of K exist between the tenant and subtenant

however, neither privity of K nor privity of estate exists between the original landlord and subtenant. therefore, the landlord cannot sue the subtenant

Front 21

what is a profit-a-pendre?

Back 21

is similar to an easement in that it is a non-possessory interest. the holder of the proft is entitled to enter upon the servient tenement and take the substance of the land (e.g., minerals, trees, oil, or game) subject to the privilege. may be appurtenant or in gross

Front 22

what jurisdiction are partition proceedings under?

Back 22

a court of equity

Front 23

when does an easement by prescription arise?

Back 23

if the existence of the easement is reasonably necessary for the beneficial use of the land

Front 24

does a lodging contract (staying in a hotel)constitute a landlord-tenant relationship

Back 24

Unless the facts refer to a "lease" or the payments as "rent," the relationship is only that of licensor and licensee

Front 25

when land has been mortgaged and thereafter a chattel is attached to the land and becomes a fixture, who has a better claim in the fixture, the mortgagee or mortgagor?

Back 25

The mortgagee

Front 26

what does a shifting executory interest do?

Back 26

divests the preceding estate upon the happening or non-happening of a stated event

Front 27

will a zoning ordinance invalidate an equitable servitude?

Back 27

No