Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
125 Cards in this Set
- Front
- Back
|
P1. What are the types of restraints on alienation?
|
1) Disabling, 2) forfeiture, 3) promissory
|
|
|
P2. What is the effect of a restraint on fee simple?
|
A restraint on fee simple estates are void, thus grantee may freely transfer the property.
|
|
|
P3. What is the effect of a restraint on life estates?
|
Forfeiture and promissory restraints on life estates are valid but a disabling restraint is void.
|
|
|
P4. What are the concurrent estates?
|
Joint Tenancy, Tenancy by the entirety, Tenancy in common.
|
|
|
P5. How do you create a tenancy in common?
|
At common law the four unities are required with a clear expression of Joint survivorship.
|
|
|
P6. What are the four unities? What is the Neumonic?
|
Time, title, interest, possession (all of which are equal shares). T-TIP.
|
|
|
P7. How does severance of a joint tenancy arise?
|
Through Sale, Partition and Mortgage (SPAM). In Oklahoma a Mortgage does not severe the Joint Tenancy.
|
|
|
P8. Is a co-tenant liable for contribution in repairs to other co-tenants? How about improvements?
|
A co-tenant is liable for contribution in repairs provided there was notification. However, for improvements a co-tenant is not liable unless there is a partition.
|
|
|
P9. What is the hold-over doctrine?
|
This occurs when a tenant continues in possession after his right to possession has ended. At which time the landlord may: 1) evict or 2) bind to a new periodic tenancy.
|
|
|
P10. What are the Tenant’s duties to repair?
|
Tenant is to repair even for ordinary wear and tear unless the leasehold agreement states otherwise.
|
|
|
P11. What are the three types of waste?
|
Voluntary, permissive, and ameliorative.
|
|
|
P12. What is voluntary waste?
|
Voluntary waste results when the tenant intentionally or negligently damages the premises or exploits minerals on the property.
|
|
|
P13. What is permissive waste?
|
Permissive waste occurs when the tenant fails to take reasonable steps to protect the premises from damage from the elements. Tenant is liable for all ordinary repairs, excluding wear and tear (which is common in must jurisdictions.)
|
|
|
P14. What is Ameliorative waste?
|
Ameliorative waste occurs when the tenant alters the leased property, thereby increasing its value.
|
|
|
P15. What is the landlords remedies for a breach of payment of rent?
|
A landlord can evict or sue.
|
|
|
P16. What can a landlord do if tenant has abandoned?
|
SIR. Surrender, Ignore, or Re-let.
|
|
|
P17. What are the main duties of the landlord?
|
Landlord has a duty to deliver possession (actual), Duty of Quiet enjoyment for the tenant, and warrants habitability.
|
|
|
P18. What is a constructive eviction? Remedy?
|
A constructive eviction occurs when the premises unsuitable for occupancy. The tenant must sing for the remedy. Sing= Substantial interference, notice, and say goodbye.
|
|
|
P19. What are the remedies for a breach of implied warranty of habitability?
|
Move out, repair/deduct, re-duct rent, remain (MR3).
|
|
|
P20. What is an assignment?
|
A complete transfer of the entire remaining term.
|
|
|
P21. What is a sublease?
|
A sublease occurs if a tenant retains any part of the remaining term of the assignment.
|
|
|
P22. What are the consequences of an assignment?
|
The assignee stands in the shoes of the original tenant in a direct relationship the landlord. This causes privity of estate between L and T. Thus, Liable for all covenants running with the land.
|
|
|
P23. What are the consequences of a Sublease?
|
A subleassee is not personally liable to the landlord for rent or for the performance of any of the covenants in the main lease unless the sublessee expressly assumes the covenants.
|
|
|
P24. What are the areas for which tort liability can arise for a landlord?
|
Common areas, latent defects, assumption of repairs, public use, short-term lease.
|
|
|
P25. What is the Oklahoma Trend for general duty of reasonable care?
|
Oklahoma provides that a landlord owes a general duty of reasonable care toward residential tenants, and will be held liable for injuries resulting from ordinary negligence if he had notice of a defect and an opportunity to repair it.
|
|
|
P26. For what does a negative easement cover?
|
Light, Air, Support, stream (LASS).
|
|
|
P27. How are easements appurtenant created?
|
(PING) Prescription, implication, Necessity, grant.
|
|
|
P28. How are easements in gross created?
|
Grant. This is non-transferrable except in commercial settings.
|
|
|
P29. How can an easement be terminated?
|
Estoppel, Necessity, Destruction, condemnation, release, abandonment, merger, prescription (End Cramp).
|
|
|
P30. How is a real covenant created?
|
In writing
|
|
|
P31. What are the requirements for the burden to run with the land in a real covenant?
|
(WITHN) A writing, intent to run, touch and concern the land, horizontal and vertical privity, and notice.
|
|
|
P32. What is horizontal privity?
|
At the time the promisor entered into the covenant with the promise, the two have shared some interest in the land independent of the covenant. (concerns only the original parties).
|
|
|
P33. What is vertical privity?
|
The successor in interest to the covenanting party must hold the entire durational interest held by the covenanter at the time he made the covenant.
|
|
|
P34. What are the requirements for benefit to run with the land?
|
(WITV) A writing, with intent, that touch and concerns the land and vertical privity only.
|
|
|
P35. How can a real covenant terminate?
|
A written release, merger, condemnation.
|
|
|
P36. How is an equitable servitude created?
|
A writing that satisfies the statute of frauds.
|
|
|
P37. What is a common scheme?
|
it is a reciprocal negative servitude that can be implied at the sale in the beginning of the subdivision sales.
|
|
|
P38. How can a scheme be evidenced?
|
recorded plat, a general pattern of restrictions, oral representations
|
|
|
P39. What are the requirements for the burden to run?
|
(WITNes) A writing , intent, touch and concern with notice is an equitable servitude.
|
|
|
P40. What are the defenses under equitable servitude?
|
unclean hands, acquiesced, estoppel, laches, neighborhood has changed.
|
|
|
P41. What is the statutory timeframe for Adverse possession in Oklahoma?
|
15 years.
|
|
|
P42. What are the elements of Adverse possession?
|
Actual and exclusive possession, open and notorious possession, Hostile, continuous.
|
|
|
P43. Is the Statute of Frauds Applicable in land sale contracts?
|
Yes, must be in writing and contain the signature of the party charged and essential terms. Park performance can take a contract out of the statute.
|
|
|
P44. What is Doctrine of Equitable conversion?
|
Once a contract is signed, equity regards the buyer as the owner of the real property. The seller’s interest is considered personal property and entitled to possession until closing.
|
|
|
P45. Who holds the risk of loss before closing?
|
The majority holds the risk of loss with the buyer.
|
|
|
P46. Who holds the risk of loss in Oklahoma?
|
Oklahoma applies the Uniform vender and purchaser risk act which places risk on the seller unless the buyer has title or possession at the time of loss.
|
|
|
P47. What is the covenant of Marketable title?
|
That title is reasonably free from doubt at closing.
|
|
|
P48. Under the MBE is title acquired by adverse possession marketable?
|
No.
|
|
|
P49. What are the encumbrances that render a title unmarketable?
|
Mortgages, liens, restrictive covenants, and significant encroachments render title unmarketable. (remember that a seller has the right to satisfy a mortgage or lien at closing?
|
|
|
P50. Does a zoning restriction affect marketability?
|
yes, if it was an existing violation of a zone ordinance.
|
|
|
P51. What is the remedy if title is not marketable?
|
Seller is given time to cure if notified by buyer of marketability issues. If failure to cure then rescission, damages, specific performance with abatement, and quiet title.
|
|
|
P52. Does a quitclaim deed release seller from title defects?
|
No, still under an implied covenant to provide marketable title.
|
|
|
P53. What is the remedy for a breach of sales contract?
|
Non-breaching party is entitled to damages (difference between contract price and market value on date of breach plus incidental costs), or specific performance because land is unique.
|
|
|
P54. How are liquidated damages handled by the court?
|
Typically upheld if the amount appears to be reasonable in light of seller’s anticipated and actual damages.
|
|
|
P55. When does a warranty of fitness or quality apply?
|
Majority holds that new construction will attach.
|
|
|
P56. Can a seller be held liable for defects on the sale of existing land and buildings?
|
Liability can arise by misrepresentation, active concealment, failure to disclose.
|
|
|
P57. Will a disclaimer suffice in a sales contract to prevent liability?
|
A general disclaimer in the sales contract is not sufficient to overcome a seller’s liability for fraud, concealment or failure to disclose. However, if the disclaimer identifies specific types of defects it will likely be upheld.
|
|
|
P58. What are the formalities of the deed?
|
Deed must be in writing, signed by the grantor, and reasonably identify the parties and land.
|
|
|
P59. Can a deed be conveyed by inter vivos gift?
|
yes, so long as the donative intent, delivery, and acceptance requirements are met.
|
|
|
P60. What must a description of land conveyed entail?
|
The description is sufficient if it provides a good lead to the identity of the property.
|
|
|
P61. Does Oklahoma use a system for establishing boundaries?
|
Yes, Oklahoma uses a Public Land Survey System.
|
|
|
P62. How does the Public Land Survey System work?
|
This system effectively divides land into a grid of six-mile blocks with ranges referring to vertical, six-mile-wide columns, and townships referring to horizontal six-mile-high.
|
|
|
P63. How are townships subdivided?
|
1) a township also refers generally to a block of land measuring six square miles, 2) a section is a block of land measuring one square mile, thus township contains 36 sections, 3) A quarter section isa block of land measuring 160 acres, 4) A quarter-quarter section is a block of land measuring 40 acres.
|
|
|
P64. How many days does an adverse party have to prepare a instrument in an Oklahoma Quiet title lawsuit?
|
30 days.
|
|
|
P65. When will a deed be reformed?
|
mutual mistake, scrivener’s error, a unilateral mistake caused by misrepresentation or other inequitable conduct.
|
|
|
P66. What is delivery?
|
delivery refers to the grantor’s intention to make a deed presently effective even if possession is postponed.
|
|
|
P67. How can delivery be satisfied?
|
manual delivery, notarized acknowledgement by the grantor and recordation, or anything else showing the grantor’s intent to deliver. All can be supported by Parole evidence.
|
|
|
P68. How is delivery effected by express condition of grantor’s death?
|
A property executed and delivered deed that provides that title will not pass until the grantor’s death is valid and create a future interest in the grantee.
|
|
|
P69. How doe conditions not contained in deed affect the deed?
|
if a deed is absolute on its face but delivered with an oral condition, the condition is disregarded and the delivery is absolute.
|
|
|
P70. What are the types of deeds used to convey property interests?
|
General warranty, special warranty, quitclaim.
|
|
|
P71. What are the covenants in a general warranty deed?
|
Seisin, right to convey, encumbrances, quiet enjoyment, warranty, further assurances
|
|
|
P72. Which three covenants are present covenants that if breached at all occur at the time of conveyance?
|
Seisin, right to convey, against encumbrances
|
|
|
P73. What is a covenant of seisin?
|
The grantor covenants that she has the estate she purports to convey. She must have both title and possession at the time of the grant.
|
|
|
P74. What is the covenant of right to convey?
|
The grantor covenants that she has the authority to make the grant.
|
|
|
P75. What is the covenant against encumbrances?
|
the grant or covenants against the existence of physical or title encumbrances.
|
|
|
P76. What is the covenant for quiet enjoyment?
|
The grantor covenants that the grantee will not be disturbed in possession by a third party’s lawful claim of title.
|
|
|
P77. What is the covenant of warranty?
|
The grantor agrees to defend against reasonable claims of title by a third party and to compensate the grantee for any loss sustained by the claim of superior title.
|
|
|
P78. What is the covenant for further assurance?
|
the grantor promises to perform acts reasonably necessary to perfect title conveyed.
|
|
|
P79. What is a special warranty deed?
|
That the deed creates an implication of two limited assurances against acts of the grantor 1) that the grantor has not conveyed the same estate or any interest therein to anyone other than the grantee, 2) that the estate is free from encumbrances made by the grantor.
|
|
|
P80. What is a quitclaim deed?
|
A quitclaim deed releases whatever interest the grantor has. No covenants of title are included or implied.
|
|
|
P81. What is a notice statutes?
|
Under a notice statute a subsequent BFP prevails over a prior grantee who failed to record. The key is that the subsequent purchaser had no actual or constructive notice at the time of conveyance.
|
|
|
P82. What type of recording Act does Oklahoma follow?
|
Notice Statute
|
|
|
P83. What is Race-notice statute?
|
Under a race-notice staute a subsequent BFP is protected only if she takes without notice and records before the prior grantee.
|
|
|
P84. Who is protected under a recording act?
|
Only BFPs are protected from the claims of prior transferee under notice and race notice statutes.
|
|
|
P85. What is a BFP?
|
A Bone fide purchaser is a purchaser who pays valuable consideration without notice of subsequent transferee.
|
|
|
P86. What is the shelter rule?
|
A person who takes from a BFP will prevail against any interest the transferor-BFP would have prevailed against. This is true even if the transferee had actual notice of a prior unrecorded conveyance.
|
|
|
P87. What are the different kinds of notice?
|
(AIR) Actual, Inquiry, Record
|
|
|
P88. What is a wild deed?
|
A wild deed is a recorded deed that is not connected to the chain of title. It does not impart constructive noticed because a subsequent purchaser could not feasibly find it.
|
|
|
P89. What is ademption?
|
Ademption occurs when the gift fails from the divisor when the divisor no longer has possession of that property.
|
|
|
P90. What is Exoneration?
|
Exoneration occurs when the devisee of specific property is entitled to have the land exonerated by the payment of liens and the mortgages from the testator’s residuary estate. (majority of states have statutorily abolished the exoneration doctrine).
|
|
|
P91. What is abatement?
|
If the estate assets are not sufficient to pay all claims against the estate and satisfy all devises and bequests the gifts are abated.
|
|
|
P92. What is the lien theory?
|
the mortgagee is considered the holder of a security interest only and the mortgagor is deemed the owner of the land until foreclosure. The mortgagee may not have possession before foreclosure.
|
|
|
P93. What is the title theory?
|
legal title is in the mortgagee until the mortgage has been satisfied or foreclosed, and the mortgagee is entitled to possession upon demand at any time.
|
|
|
P94. What theory does Oklahoma follow?
|
Lien theory.
|
|
|
P95. What is redemption in Equity?
|
At any time prior to the foreclosure sale, the mortgage may redeem the property by paying the amount due. If the note or mortgage contains an acceleration clause, the full balance of the note or mortgage must be paid to redeem. This right cannot be waived in the mortgage itself.
|
|
|
P96. What is statutory redemption?
|
About half the states allow the mortgagor to redeem the property for some fixed period after the foreclosure sale has occurred.
|
|
|
P97. What is the right of lateral support?
|
ownership of land includes to have the land supported in its natural state by adjoining land.
|
|
|
P98. What is a landowner’s liability for support of land in natural state?
|
A landowner is strictly liable if his excavation causes adjacent land to subside.
|
|
|
P99. What is the liability for support of land with buildings?
|
An adjacent landowner is strictly liable for damage to land and buildings caused by excavation only if it shown that the land would have collapsed in its natural state. Otherwise, liability for damage only if his excavation was done negligently.
|
|
|
P100. What are the two major systems for water rights?
|
Riparian doctrine and prior appropriation doctrine
|
|
|
P101. What is the Riparian Doctrine?
|
Riparian rights attach to all contiguous tracts held by the same owner as long as one abuts the water. Riparian owners can use water only in connection with the riparian parcel.
|
|
|
P102. What is natural flow theory?
|
A riparian owner’s use resulting in substantial or material diminution of the water’s quantity, quality, or velocity is enjoinable.
|
|
|
P103. What is the reasonable use theory?
|
All riparian share the right of reasonable use of the water. (majority).
|
|
|
P104. What is the prior appropriation doctrine?
|
Individuals acquire rights by actual use, appropriative rights are determined by priority of beneficial use. If there is a decrease in flow, priority is accorded in terms of time of appropriation. An appropriative right can be lost by abandonment.
|
|
|
P105. What are the percolating water or groundwater doctrines?
|
Absolute ownership, reasonable use, correlative, appropriative rights
|
|
|
P106. What are the theories of surface water?
|
Natural flow theory, common enemy, reasonable use
|
|
|
P107. What is a fee simple absolute?
|
“To A and his heirs,” “to A”with a forever Duration, no future interest in either the grantor or a third party.
|
|
|
P108. What is a fee simple Subject to condition subsequent?
|
“to A and his heirs, but if…” upon condition that…” provided that…” with a duration as long as condition is met then automatically to grantor. The future interest is a possibility of reverter in the grantor.
|
|
|
P109. What is a fee simple subject to an executory interest?
|
To A and his heirs for so long as…, and if not.., to B” The duration is as long as condition is met but if it is met then to a third party. There is an executory future interest in a third party.
|
|
|
P110. What is a life estate pur autre vie?
|
A life estate that is measured by the life other than the grantee.
|
|
|
P111. What are the affirmative waste exceptions for natural resources?
|
(Purge), Prior use, Repairs, Grant, Explotation
|
|
|
P112. What is a remainder?
|
A remainder is a future interest in a third person that can become possessory on the natural expiration of the preceding estate.
|
|
|
P113. What is an indefeasibly vested remainder?
|
A vest remainder is one created in an existing and ascertained person, and not subject to condition precedent.
|
|
|
P114. What is a vested remainder subject to open?
|
This is a vested remainder created in a class of persons that is certain to become possessory but is subject to diminution.
|
|
|
P115. What is a vested remainder subject to total divestment?
|
This is a vested remainder that is subject to a condition subsequent.
|
|
|
P116. What are contingent remainders?
|
A contingent remainder are those created in unborn or unascertained persons, or subject to a condition precedent.
|
|
|
P117. What is a condition precedent?
|
A condition is precedent if it must be satisfied before the remainderman has a right to possess.
|
|
|
P118. What is the common law rule on destructibility?
|
At common law a contingent remainder was destroyed if it failed to vest before or upon the termination of the preceding freehold estate.
|
|
|
P119. What is a doctrine of merger?
|
When one person acquires all of the present and future interests in land except a contingent remainder, under the common law, the contingent remainder is destroyed.
|
|
|
P120. What is the common law rule in shelley’s case?
|
If the same instrument created a life estate in A and gave the remainder only to A’s heirs, the remainder was not recognized and A took the life estate and the remainder fee simple.
|
|
|
P121. What is the doctrine of worthier title?
|
A remainder in the grantor’s heirs is invalid and becomes a reversion in the grantor. It is a rule of construction.
|
|
|
P122. What is an executory interest?
|
Executory interests are future interests in third parties that either divest a transferee’s preceding free hold estate (shifting) or follow a gap in possession or cut short a grantor’s estate (springing)
|
|
|
P123. When does a class gift close?
|
Under the rule of convenience, in the absence of express contrary intent, a class closes when some member of the class can call for distribution of her share of the class gift.
|
|
|
P124. What is the rule against Perpetuities?
|
Rap states that no interest in property is valid unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.
|
|
|
P125. What are the steps for RAP?
|
1) classify the interest (RAP only applies to contingent remainders, executive interests, vested subject to open), 2) What are the conditions precedent to the vesting of the future interest? 3) find a measuring life? 4) Is there certainty that is the measuring life plus 21 years?
|
