Property For Wa State Bar Review

Front 1

Define Fee Simple Absolute

Back 1

invests holder with full possessory right now and lasts indefinitely into the future

Front 2

what are the magic words for F.S.A?

Back 2

"To A and his heirs"
not essential in WA, but common

Front 3

what are typical words used in Fee Simple Determinable?

Back 3

"so long as" or until

Front 4

What is the future interest in Fee Simple Determinable?

Back 4

Possibility of Reverter

Front 5

in a Fee Simple Determinable, in whom is the interest created?

Back 5

Grantor

Front 6

in Fee Simple Determinable, does the transfer occur automatically or is action required?

Back 6

automatic

Front 7

in Fee Simple on condition subsequent, does the transfer occur automatically or is action required?

Back 7

action required

Front 8

in Fee Simple subject to executory interest, does the transfer occur automatically or is action required?

Back 8

automatic

Front 9

What is the future interest in Fee Simple on condition subsequent?

Back 9

right of entry (or right of reentry)

Front 10

What words are typically seen in Fee Simple on condition subsequent?

Back 10

"condition" or "reenter"

Front 11

in whom is the interest created in Fee Simple on condition subsequent?

Back 11

Grantor

Front 12

what words are typically seen in Fee Simple subject to executory interest?

Back 12

"so long as" or "until" Also, there will also be language detailing who will get the land

Front 13

in whom is the interest created in Fee Simple subject to executory interest?

Back 13

someone other than the grantor.

Front 14

What is the future interest in a Fee Simple subject to executory interest?

Back 14

executory interest

Front 15

when must the right of entry be exercised within in a fee simple on condition subsequent?

Back 15

within a reasonable time

Front 16

"To my church for use as a church building" gives the church what interest?

Back 16

fee simple absolute

Front 17

Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is ever sold on the property, then to B"

Back 17

void
fee simple absolute

Front 18

Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A so long as no liquor is ever sold on the property, and if it is, then to B"

Back 18

void
fee simple determinable
grantor has possibility of reverter

Front 19

Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if A personally ever sells liquor on the property, then to B."

Back 19

valid under the RAP
executory interest

Front 20

Is the following valid or void under the Rule Against Perpetuities. What estate does B have?
"To A, but if liquor is sold on the property within the next 20 years, then to B"

Back 20

valid under RAP. must be less than 21 years

Front 21

Define a life estate

Back 21

an estate that is not terminable at any fixed time but cannot last longer than the life or lives of one or more persons

Front 22

Who owns the estate and who is the measuring life below
"To A for life"

Back 22

A owns the estate, A is the measuring life

Front 23

Who owns the estate and who is the measuring life below
"To A for the life of B"

Back 23

A owns the estate, b is the measuring life

Front 24

Who owns the estate and who is the measuring life below
"To A for life", later by a new deed, A conveys his interest to B.

Back 24

B has a life estate
A is the measuring life

Front 25

Define "Waste"

Back 25

A suit against the holder of a possessory estate by someone with a non-possessory interest

Front 26

What are the remedies for Waste?

Back 26

damages (treble if intentional) and an injunction

Front 27

What three thing generally constitute waste?

Back 27

intentional damage
not keeping out the weather
failing to pay property taxes of mortgage interest

Front 28

What three types of future interests are always created in the grantor?

Back 28

possibility of reverter
right of entry
reversion (most common)

Front 29

What two types of interest are always created in someone other than the grantor?

Back 29

remainder
executory interest

Front 30

What 4 rules are required for remainders

Back 30

1. must be created at the same time and same instrument as prior estate.
2. prior estate must be life estate.
3. doesn't "cut short" prior estate
4. no "built-in" time gap between the prior estate and the futrure interest.

Front 31

Define "remainder"

Back 31

a future interest in transferee that is capable of taking present possession upon the termination of th epreceding estate created in the same dispositon

Front 32

What interests does the RAP apply to?

Back 32

contingent remainders
executory interests
class gifts
options to buy land
rights of first refusal

Front 33

what interests does the RAP NOT apply to?

Back 33

vested remainders
future interests created in the grantor

Front 34

determine what the interest is under RAP
"To A for life, then to B for life if B has passed the bar exam, then to C"

Back 34

contingent remainder
certain to vest or fail w/i B's life
good under RAP

Front 35

determine what the interest is under RAP
"To A for life, then to A's eldest surviving daughter for her life, then to the Red Cross if and when it ever affiliates with the United Way"

Back 35

daughter has a contingent remainder, good under the RAP, Red Cross has a contingent remainder that is not certain to vest or fail w/i 21 yrs of SLIBACOI. INVALID under RAP

Front 36

In WA, if a trust creates a beneficial interest we wait to see if it _____ vests or fails within _____ years

Back 36

actually
150

Front 37

What are restraints on alienation?

Back 37

restrictions on transferability of land

Front 38

what is the general rule for restraints on alienation?

Back 38

generally, any restriction on the transferability of a fee simple interest in property is void

Front 39

what are the three types of restraints

Back 39

disabling restraint
forfeiture restraint
promisory restraint

Front 40

What is a disabling restraint?

Back 40

no power to transfer
ex. "to A, but A shall have no power to transfer the land w/o my consent"

Front 41

what is a forfeiture restraint?

Back 41

ex. To A, but if \A attempt to xfer w/o my consent, the land shall automatically revert to me"

Front 42

what is a promisory restraint example?

Back 42

"To A, but A promises and covenants not to xfer trhe land without my consent"

Front 43

which restraint is always void

Back 43

disabling

Front 44

which restraints are void on fee simple absolute estates?

Back 44

all

Front 45

which restraints are valid on estates less than FSA

Back 45

forfeiture
promissory

Front 46

right of first refusal must be __________

Back 46

reasonable

Front 47

a restraint will be struck down if it results in ______

Back 47

illegal discrimination

Front 48

what is concurrent ownership

Back 48

two or more people share possessary interest

Front 49

what are the two types of concurrent ownership

Back 49

tenency in common
joint tenency WROS

Front 50

what kind of tenancy is presumed absent specific designation

Back 50

tenency in common

Front 51

what are the 4 unities required for JT WROS

Back 51

unity of time
unity of title
unity of interests
unity of possession

Front 52

which unity is required for tenency in common?

Back 52

unity of possession

Front 53

what is unity of interests?

Back 53

equal shares

Front 54

List the tenency and interests in EX. below:
O deeds "To A, 1/2 interest as a joint tenant WROS. One week later, O deeds "to B, 1/2 interest as a JT WROS.

Back 54

tenency in common
no unity of time or title

Front 55

List the tenency and interests in EX. below:
O deeds "to A and B as JT WROS, A to have 75% and B to have 25% interest"

Back 55

Tenency in common
no unity in interests

Front 56

what does a conveyance of a joint tenancy interest to an outsider convert the interest into?

Back 56

tenency in common

Front 57

what theory of mortgages does WA follow?

Back 57

lien theory
mortgage does not pass title. only a lien and not enough to sever JT

Front 58

In a concurrent tenency, if A keeps B from land by force or threat it is called an _______

Back 58

ouster

Front 59

what are the two types of partition? what are they?

Back 59

partition in kind- court places a boundry separating the properties
partition by sale- court orders sale and division of proceeds

Front 60

are leaseholds a freehold or non-freehold estate?

Back 60

non-freehold

Front 61

What three estates can be owned by tenents

Back 61

fixed term estate
periodic estate
estate at will

Front 62

what interests does the landlord own in a leasehold?

Back 62

rents and reversion (future interest)

Front 63

What are the WA rules for termination of periodic estates (residential)

Back 63

20 days notice by L, 30 days notice by T

Front 64

What are the WA rules for termination of periodic estates (NON-residential)

Back 64

20 days notice by L or T

Front 65

what are the requirements for leases

Back 65

WAR of the leases
writing if more than one year (SOF)
Acknowledgment if more than one year
Recording Act if more than 2 years

Front 66

in what 5 specific situations are landlords liable to tenents for personal injury?

Back 66

Latent Defect (hidden defect that landlord knows of or has reason to know of)
common areas
leased for public use
covenant to repair
repair voluntarily taken and completed negligently

Front 67

does WA hold landlords liable under a general negligence theory?

Back 67

no

Front 68

what is the implied covenant of quiet enjoyment?

Back 68

right to use land without interruption

Front 69

is the implied covenant of quiet enjoyment violated in the following facts?
T leases one-half of a duplex from L (who lives in the other half). L plays his sterio loudly at 3 am every night

Back 69

yes, L directly interferes with T's use and enjoyment of the property

Front 70

is the implied covenant of quiet enjoyment violated in the following facts?
T leases space for a store, and then discovers that "L" is not the actual owner of the building. The true owner evicts T.

Back 70

no, T can sue fake L but not real L

Front 71

is the implied covenant of quiet enjoyment violated in the following facts?
T leases an apartment, but upon moving in, discovers it is still occupied by a previous tenant who has held over when lease expired.

Back 71

yes, L has a duty to evict

Front 72

is the implied covenant of quiet enjoyment violated in the following facts?
T leases from L a house with a detached garage. Later, L changes the lock on the garage so T cannot have access to it

Back 72

yes, this is a partial actual eviction. If L locks you out of part of the premisis, yhou don't owe any rent.

Front 73

What must the tenant show to establish constructive eviction?

Back 73

1. the conditions are very bad
2. the conditions are the fault of the landlord
3. the tenant has moved out.

Front 74

From where is the implied warranty of hability derived?

Back 74

The WRLTA
Washington Residential Landlord-Tenant Act

Front 75

WRLTA applies only to _______?

Back 75

residential housing

Front 76

How much time does the landlord have to cure the following defect under WRLTA?
hot or cold water

Back 76

24 hours

Front 77

How much time does the landlord have to cure the following defect under WRLTA?
electricity

Back 77

24 hours

Front 78

How much time does the landlord have to cure the following defect under WRLTA?
condition hazardous to life

Back 78

24 hours

Front 79

How much time does the landlord have to cure the following defect under WRLTA?
refrigerator, range, or major plumbing

Back 79

72 hours

Front 80

How much time does the landlord have to cure the following defect under WRLTA?
all other defects

Back 80

10 days

Front 81

What remedies are available to T when implied warranty of hability is violated?

Back 81

Terminate lease and move out
abatement of the rent
damages for breech of warranty
self help repair and deduct from rent

Front 82

what is max self help rent abatement for work done by contractor under WRLTA? for Tenant?

Back 82

contractor 1 mo rent per repair, 2 mo rent per year.

Tenant 1/2 mo rent per repair, 1 mo rent per year

Front 83

Who can waive landlord's duties under WRLTA

Back 83

county attorney, state attorney general, tenant's attorney

Front 84

in WA must L attempt to mitigate rents after T abandons?

Back 84

yes

Front 85

If L attempts to re-let property after T improperly terminates, L can recover what?

Back 85

re-letting expenses
full rent while seeking a new tenant

Front 86

What are L's two options wrt holdover tenants

Back 86

bring action for unlawful detainer
treat T as a periodic tenant

Front 87

Can L do self help eviction in WA by changing locks and putting T's possesions out on sidewalk?

Back 87

no, L must use a judicial proceeding per WA statute.

Front 88

when answering a L/T question as first..

Back 88

if property is residential or non-residential and if WRLTA covers (residential only)

Front 89

under WRLTA L must place security deposit in ______ and return within ______ or give ______

Back 89

escrow account
14 days
written explaination

Front 90

under WRLTA, landlord who fails to follow security deposit rules is liable for ____ and for _____ fees, ____ if the deposit was willfull

Back 90

full deposit
attorney
double
(note that this only applies if there was a written agreement concerning security deposit)

Front 91

in WA landlord's lien is _____ for residential tenancies

Back 91

abolished

Front 92

under WRLTA if residential tenant abandons the premises, leaving goods behind, L can hold them for ___ days, try to notify T then dispose of them.

Back 92

45

Front 93

in WA for NON-residential tenancies, L _____ assert lien ton T's goods for deliquent rent. The lien has priority over all _____ security interests in the goods

Back 93

may
PMSI

Front 94

What is an assignment?

Back 94

a complete transfer fo the entire remaining term of the lease

Front 95

what is a sublease

Back 95

tenant retains part of the remaining term of the lease

Front 96

is L's consent required for T to enter into an assignment or sublease?

Back 96

only if the lease expressly says so.

Front 97

is a violation of a sublease or assignment clause enforseable? how?

Back 97

yes, breech of leased
L can terminate lease

Front 98

Is L required to be reasonable in withholding consent under a assignment or sublease clause? what is the exception?

Back 98

no, selling mobile home on trailer park pad or space.

Front 99

T1 makes a sublease to T2, there is a default in rental payments. Who is personally liable to L for rent? what if it is an assignment

Back 99

T1 is always liable unless expressly released by landlord.
if an assignment, then T2 is liable.

Front 100

define "Easement"

Back 100

non-possessory rights to use the land of another for a specific purpose

Front 101

Grant of easement should contain the following information

Back 101

1. state that it is an easement rather than a possessory estate
2. purpose
3. duration
4. location

Front 102

WA requires a complete and accurate description of the _____, but not a complete and accurate description of the _____

Back 102

servient land
location of the easement on the servient land

Front 103

What are the two general types of easements

Back 103

appurtenant and "in gross"