Property (Mbe)

Front 1

O conveys property “to A for life, then to B’s children.” If B has one child, C, the Rule Against Perpetuities applies to the interests of:

Back 1

Only B’s unborn children and C.

NOTE:
In this conveyance, A has a life estate, C has a vested remainder subject to open, and B’s unborn children have a contingent remainder. A’s life estate, a present possessory estate, is not subject to the Rule and is valid. C’s vested remainder subject to open is subject to the Rule because the class of “B’s children” is still open; however, C’s interest is valid because the class will necessarily close at the death of B, a life in being. The contingent remainder of B’s unborn children is subject to the Rule but also is valid because it will vest or fail at B’s death.

Front 2

The Rule Against Perpetuities:

Back 2

The Rule Against Perpetuities provides that certain interests in property are void if there is any possibility, however remote, that they may vest more than 21 years after some life in being at the creation of the interest.

Front 3

what interests does the Rule against Perpetuities apply to:

Back 3

The Rule applies to the following interests in property:
(i) contingent remainders;
(ii) executory interests;
(iii) class gifts (even if vested remainders);
(iv) options and rights of first refusal; and
(v) powers of appointment.

Front 4

A co-tenant has the right to possess:

Back 4

The entire estate

Front 5

A co-tenant out of possession cannot bring a possessory action unless:

Back 5

A co-tenant out of possession cannot bring a possessory action unless there has been an “ouster” (i.e., wrongful exclusion) by the co-tenant in possession.

Front 6

At common law, a life tenant who consumes or exploits natural resources on the property for necessary repairs to the land commits:

Back 6

No waste

Front 7

_______ waste occurs when a life tenant consumes or exploits natural resources on the property (e.g., timber, minerals, oil).

Back 7

Voluntary

Front 8

What are the exceptions to Voluntary Waste:

Back 8

A life tenant may consume or exploit natural resources:
(i) in reasonable amounts when necessary for repair and maintenance of the land,
(ii) when the life tenant is expressly given the right to exploit such resources in the grant (e.g., a mineral lease);
(iii) when prior to the grant, the land was used in exploitation of such natural resources, so that the grantor most likely intended the life tenant to have the right to exploit; and
(iv) in many states, when the land is suitable only for such exploitation (e.g., a mine).

Front 9

_________ waste occurs when the life tenant fails to make required repairs to the land or pay required carrying charges (e.g., interest on encumbrances, ordinary taxes).

Back 9

Permissive

Front 10

_________ waste occurs when the use of the property is substantially changed, but the change increases the value of the property (e.g., the life tenant demolishes a run-down building). Courts will permit ___________ waste performed by a long-term tenant when neighborhood changes make the previous use infeasible.

Back 10

Ameliorative

Front 11

A __________ restraint provides that the grantee covenants not to transfer the property.

Back 11

Promissory

Front 12

A ________ restraint provides that the grantee covenants not to transfer the property.

Back 12

promissory

Front 13

A _________ restraint provides that any attempted transfer of the property is ineffective.

Back 13

disabling

Front 14

A _________ restraint provides that if the grantee attempts to transfer the property, it is surrendered to another person.

Back 14

forfeiture

Front 15

A conveyance from “O to A, and A hereby covenants not to transfer the land or any interest therein without O’s consent” contains a promissory restraint. Reasonable (i.e., limited in time and purpose) promissory restraints on legal interests generally are _____.

Back 15

valid

Front 16

A conveyance from “O to A, and neither A nor her heirs shall have the right to transfer the land or any interest therein” contains a disabling restraint. Disabling restraints on any legal interest are ______.

Back 16

void

Front 17

A conveyance from “O to A, but if A attempts to transfer the land or any interest therein during her lifetime, to B” contains a forfeiture restraint. Reasonable forfeiture restraints on legal interests generally are _____.

Back 17

valid

Front 18

If O conveys property “to A for so long as the premises are used for residential purposes; and if the premises are used for nonresidential purposes, then to B,” what interest does B have?

Back 18

No interest

Front 19

Which of the following acts will sever a joint tenancy?

Back 19

An inter vivos conveyance by one joint tenant.

The grantee then becomes a tenant in common with the original joint tenant or tenants. This applies to both voluntary and involuntary conveyances; the typical example is a deed.

Front 20

A _________ remainder is a remainder that is (i) subject to a condition precedent, or (ii) created in favor of unborn or unascertained persons.

Back 20

contingent

Front 21

In general, a life tenant commits voluntary waste when he:

Back 21

Consumes or exploits natural resources on the property

Front 22

How will the proceeds from a partition sale of property initially held by four joint tenants (A, B, C, and D) be divided if A sold her interest to E, and B died, leaving her property to F and G?

Back 22

C and D get 3/8 each; E gets 1/4

Front 23

If A and B own property as joint tenants, and B dies leaving a will devising her interest in the property to C, who owns the property?

Back 23

A only

Front 24

Which future interest divests the interest of another transferee?

Back 24

Shifting executory interest

Front 25

A grantor who conveys a fee simple determinable retains __________.

Back 25

A possibility of reverter

Front 26

A _______ is the future interest retained by a grantor who conveys a fee simple subject to a condition subsequent.

Back 26

right of entry

Front 27

A _______ is the future interest retained by a grantor who conveys a lesser estate than the grantor owns.

Back 27

reversion

Front 28

At common law, if O conveyed property “to A for life, then to B’s heirs” and A predeceased B, B’s heirs would have:

Back 28

No interest

Front 29

The common law Rule of ______________ provides that a contingent remainder must vest prior to or upon termination of the preceding estate or it is extinguished.

Back 29

Destructibility of Contingent Remainders

Front 30

If O conveys property “to charity A, but if the premises are no longer used as a museum, to charity B,” charity A has __________ and charity B has __________.

Back 30

1) a fee simple subject to an executory interest;
2) an executory interest

Front 31

A tenancy by the entirety can be terminated by:

Back 31

Mutual agreement of the spouses

Front 32

What can terminate a tenancy by the entirety:

Back 32

A tenancy by the entirety can be terminated by mutual agreement of the spouses (e.g., a deed executed by both spouses). A tenancy by the entirety is a marital estate akin to a joint tenancy between husband and wife. It can be terminated only by:
(i) the death of either spouse (leaving the surviving spouse as sole owner of the property);
(ii) divorce (leaving the parties as tenants in common with no right of survivorship in most states);
(iii) mutual agreement; or
(iv) execution by a joint creditor of both spouses.

Front 33

A grantor who conveys a fee simple absolute retains:

Back 33

No interest

Front 34

In most states, when tenants by the entirety divorce, they hold the property as __________.

Back 34

Tenants in common

Front 35

A conveyance from O “to A for life, and A covenants not to transfer her interest to anyone” contains a __________ restraint.

Back 35

promissory

Front 36

In the case of a deed, the perpetuities period begins to run on the date the deed is:

Back 36

Delivered with intent to pass title

Front 37

A fee simple subject to an executory interest is an estate that:

Back 37

Automatically divests in favor of a third party on the happening of a stated event

Front 38

If a landlord consents to one transfer that violates a covenant against assignment or sublease, he ______ his right to avoid future transfers.

Back 38

waives

Front 39

The landlord may reserve the right to avoid future transfers, but such reservation ______ take place at the time of granting consent.

Back 39

must

Front 40

A covenant against assignment or sublease (is) or (is not) an unreasonable restraint on alienation. All jurisdictions permit and enforce such covenants.

Back 40

is not

Front 41

A covenant against assignment (does) or (does not) prevent the tenant from subleasing her interest. Covenants against assignment or sublease are strictly construed against the landlord. Thus, a covenant prohibiting assignment does not prohibit subleasing and vice versa.

Back 41

does not

Front 42

If a tenant transfers her interest in violation of a covenant against assignment or sublease, the transfer (is) or (is not) void. However, the landlord usually may terminate the lease under the lease terms or a statute or sue for damages.

Back 42

is not

Front 43

If L leases a residence to T “for as long as T desires,” T most likely has a __________.

Back 43

life estate determinable

Front 44

A _______ is a tenancy that is terminable at the will of either the landlord or the tenant.

Back 44

tenancy at will

Front 45

A ________ is a tenancy that continues for a fixed period of time and automatically expires without either the landlord or the tenant giving notice to the other.

Back 45

tenancy for years

Front 46

A ______ is merely a privilege, revocable at the will of the licensor, to go upon the land of another; it is not an interest in land.

Back 46

license

Front 47

A tenant is obligated to return the premises in the same condition as at the commencement of the lease term. Thus, a tenant is not permitted to make substantial alterations to the premises even if they increase the _____ of the property. A tenant who commits waste is liable for the cost of restoration.

Back 47

value

Front 48

In the absence of a contrary lease provision, a tenant has no _____ to repair ordinary wear and tear

Back 48

duty

Front 49

Every lease contains an implied covenant that neither the landlord nor someone with paramount title will interfere with the tenant’s ________ and _______ of the premises.

Back 49

1) quiet enjoyment
2) possession

Front 50

___________ eviction occurs when the tenant is excluded from only part of the leased premises. Even though the tenant continues in possession of the remainder of the premises, partial eviction by the landlord relieves the tenant of the obligation to pay rent for the entire premises rather than for only the portion of the premises from which he was evicted.

Back 50

Partial actual

Front 51

______________ results in an apportionment of rent; i.e., it relieves the tenant of the obligation to pay rent NOT for the entire premises, but only for the portion of the premises from which he was evicted. The tenant remains liable for the reasonable rental value of the portion that he continues to possess.

Back 51

partial eviction by a paramount title holder

Front 52

Absent an express agreement, if a tenant has affixed chattels to leased premises, when must she remove them to ensure they do not become the landlord’s property?

Back 52

If the duration of the tenancy is definite, the tenant must remove annexed chattels before the tenancy terminates

Front 53

A _______ is a chattel that has been so affixed to the realty that it has ceased being personal property and has become part of the realty.

Back 53

fixture

Front 54

If the duration of the tenancy is _________ (e.g., a tenancy at will), the tenant must remove chattels she has annexed to the premises within a reasonable time after the tenancy terminates; it need not be before the tenancy terminates.

Back 54

indefinite

Front 55

If the government condemns all of the leased land, the tenant’s liability for rent:

Back 55

Is extinguished, and the tenant may be entitled to compensation for the taking

Front 56

If L leases property to T, and L subsequently assigns L’s interest to L2, whom may T hold liable when X, a paramount title holder, ejects T?

Back 56

L or L2

Front 57

The assignee is _______ to the tenants for performance of all covenants made by the original landlord in the lease, provided that those covenants run with the land. The original landlord also remains liable on all of the covenants he made in the lease.

Back 57

liable

Front 58

If a month-to-month tenant reports a landlord for housing code violations, may the landlord increase the tenant’s rent the following month?

Back 58

No, if the landlord has a retaliatory motive

Front 59

Is there a presumption that the land lord has a retaliatory motive after being reported for housing code violations?

Back 59

yes, a retaliatory motive is presumed for some period after the tenant reports the violations.

Front 60

A landlord (may) or (may not) penalize a tenant for exercising the legal right to report housing or building code violations.

Back 60

may not

Front 61

What are acts are considered retaliatory acts by the land lord?

Back 61

Retaliatory acts include:
1) terminating the lease,
2) raising the rent,
3) and reducing tenant services.

Front 62

Under the ________________, the landlord covenants that the premises are suitable for human residence (e.g., up to the standards of the local housing code).

Back 62

implied warranty of habitability

Front 63

List all of the remedies a landlord has under modern law when a tenant defaults on her rent obligation.

Back 63

Sue the tenant for rent, evict the tenant, or deduct the unpaid rent from the tenant’s security deposit

Front 64

The landlord (may) or (may not) seize the tenant’s chattels without notice as security for the unpaid rent. At common law, this was known as the right of distress. The landlord’s self-help right of distress is now a minority rule. Some states have abolished this common law right, while others have enacted distress statutes that eliminate the self-help feature (seizure by the landlord) or require prior notice and a hearing before property is taken.

Back 64

may not

Front 65

A good faith trespasser annexes to a landowner’s property an item that improves the land’s value.

Which of the following is the trespasser most likely to recover from the landowner?

Back 65

The value added to the land

Front 66

A trespasser (e.g., an adverse possessor before the running of the statute of limitations) normally _____ his annexations whether or not affixed in good faith. Thus, a trespasser generally may not remove the annexed item itself from the landowner’s property. Moreover, the trespasser can be held liable for the reasonable rental value of the land on which he annexed the item for the period that he illegally occupied the land. However, if the trespasser acted in good faith and the item increased the value of the land, he may recover the value added to the land. Note that the value added to the land is not necessarily the fair market value of the item.

Back 66

loses

Front 67

What is a landlord’s duty with respect to common areas that remain under his control?

Back 67

The landlord must exercise reasonable care

Front 68

If two years into a four-year tenancy for years, T “assigns my entire interest to T2 for one year,” the effect of the transfer is to create a ________ between T and T2.

Back 68

sublease

Front 69

a complete transfer of a tenant’s entire remaining lease term is an ______ , and a transfer retaining any part thereof is a _______.

Back 69

1) assignment
2) sublease

Front 70

A ________ is a tenancy that continues only until the landlord or the tenant gives notice and time to quit.

Back 70

tenancy at will

Front 71

If a lease gives only the landlord the right to terminate at will, a similar right generally (will) or (will not) be implied in favor of the tenant.

Back 71

will

Front 72

if a lease gives only the tenant the right to terminate at will, a similar right generally (will) or (will not) be implied in favor of the landlord. Rather, most courts would interpret the conveyance as creating a life estate or fee simple terminable by the tenant (i.e., determinable).

Back 72

will not

Front 73

A tenant who covenants to repair (is) or (is not) obligated to repair ordinary wear and tear if the covenant does not expressly exclude ordinary wear and tear.

Back 73

is

Front 74

What is the result when a tenant at will assigns the tenancy?

Back 74

The tenancy terminates

Front 75

A _______ is a tenancy that continues until terminated by the landlord or the tenant. Sufficient notice must be given to allow the tenant a reasonable time to quit the premises.

Back 75

tenancy at will

Front 76

what are the ways a tenancy at will terminate by operation of law?

Back 76

Tenancy at will terminates by operation of law if:
1. Either party dies;
2. The tenant commits waste;
3. The tenant attempts to assign his tenancy;
4. The landlord transfers her interest in the property; or
5. The landlord executes a term lease to a third person.

Front 77

What best states the common law rule with respect to destruction of the leased premises without the landlord’s or tenant’s fault?

Back 77

The lease remains effective and the tenant must continue paying rent.

Front 78

Under the majority view, in the absence of a contrary lease provision, if the leased premises are destroyed without the landlord’s or tenant’s fault, the tenant (may) or (may not) terminate the lease and cease paying rent. However, this was not the common law rule.

Back 78

May

Front 79

A leasehold is:

Back 79

A nonfreehold estate in land

Front 80

Nonfreehold estates in land (leaseholds) give possession of land for a ______ time.

Back 80

limited

Front 81

Freehold estates in land (e.g., fee estates and life estates), like leaseholds, give possession, but their duration is regarded as ______ than that of the nonfreehold (or leasehold) estates.

Back 81

longer

Front 82

Under the growing trend of modern case law, may a landlord be held liable for defects arising after the tenant takes possession?

Back 82

No, unless the landlord knew or should have known of them

Front 83

A tenant who goes into possession of the premises under an invalid lease and pays monthly rent is a:

Back 83

Periodic tenant

Front 84

In commercial leases, a tenant who holds over after termination of a year-to-year periodic tenancy may be held to __________.

Back 84

A new year-to-year periodic tenancy

Front 85

A covenant prohibiting assignment (does) or (does not) prohibit subleasing, and vice versa.

Back 85

does not

Front 86

How much notice is required to terminate a tenancy for years?

Back 86

No notice

Front 87

In residential leases, a tenant who holds over after termination of a year-to-year periodic tenancy may be held to a new periodic tenancy from __________.

Back 87

Month to month

Front 88

L leases property to T, and T covenants to pay rent. T later transfers the balance of the leasehold term to T2.

Back 88

Either T or T2

Front 89

If a landlord substantially interferes with a tenant’s quiet enjoyment of the premises, the tenant may:

Back 89

Vacate the premises, terminate the lease, and sue for damages

Front 90

Under the doctrine of constructive eviction, if the landlord substantially interferes with the tenant’s quiet enjoyment of the premises , the tenant may terminate the lease and may also seek damages if the following conditions are met:

Back 90

Under the doctrine of constructive eviction, if the landlord substantially interferes with the tenant’s quiet enjoyment of the premises (i.e., does an act or fails to provide some service that he has a legal duty to provide), the tenant may terminate the lease and may also seek damages if the following conditions are met:
1. The interference must be by the landlord or by persons acting for him.
2. The premises must be uninhabitable (e.g., flooding, absence of heat in winter, or other serious impairment of the property’s habitability).
3. The tenant must vacate the premises within a reasonable time, thereby showing that the premises were uninhabitable.

Front 91

A tenant leases premises that are destroyed without the fault of either the landlord or the tenant.
Under the majority view, which is true in the absence of a contrary lease provision?

Back 91

The lease may be terminated at the tenant’s option, and the tenant may cease paying rent

Front 92

Which tenancy continues for a fixed period of time and then automatically terminates without the landlord or the tenant giving notice?

Back 92

Tenancy for years

Front 93

A periodic tenancy is a tenancy that continues from period to period until terminated by proper notice by either the landlord or the tenant. It may be created in three ways:

Back 93

It may be created in three ways:
(i) by express agreement;
(ii) by implication if a lease with no set termination date provides for the payment of periodic rent; or
(iii) by operation of law if the tenant holds over or pays rent periodically under an invalid lease.

Although a lease at an annual rent, payable monthly creates a periodic tenancy, the majority view is that the tenancy is from year to year rather than month to month.

Front 94

In most states, the reservation of an annual rent, payable monthly, in a lease with no set termination date creates a __________.

Back 94

Year-to-year periodic tenancy

Front 95

A landlord and tenant enter into a valid lease agreement in which the tenant covenants to repair the premises.

If the leased premises are destroyed without the fault of either the landlord or the tenant, must the tenant undertake the repairs?

Back 95

No, unless the covenant expressly includes such repairs

Front 96

If the government condemns only part of leased land, the tenant’s liability for rent:

Back 96

Is not extinguished, but the tenant may be entitled to compensation for the taking

Front 97

A tenant who goes into possession of the premises under an invalid lease and pays monthly rent is a:

Back 97

Periodic tenant

Front 98

At common law, if a tenant defaulted on her rent obligation, the landlord could:

Back 98

Sue the tenant for rent

Front 99

As between profits and affirmative easements, only a profit is terminated when _______.

Back 99

surcharged

Front 100

what does surcharge mean?

Back 100

misuse of the interest

Front 101

If an easement is surcharged, the servient landowner’s remedy is an ________, or possibly _______if the servient land has been harmed.

Back 101

1) injunction
2) damages

Front 102

An ________ easement is the right to use another’s land for a specific purpose, and a profit is the right to take the soil or a substance of the soil (e.g., minerals, timber) from another’s land.

Back 102

affirmative

Front 103

If an easement is said to be surcharged, this means:

Back 103

The easement’s legal scope was exceeded

Front 104

To acquire a prescriptive easement on property, the claimant’s use must be:

Back 104

Open and notorious, adverse, and continuous for the statutory period

Front 105

Someone whose interest in land benefits her in her possession of another tract of land holds __________.

Back 105

An easement appurtenant

Front 106

If the holder is not benefitted in her possession of her own parcel, the easement is deemed _____.

Back 106

in gross

Front 107

What is the effect of an easement holder’s using the easement beyond its legal scope?

Back 107

The servient landowner may enjoin the use.

Front 108

The scope of an easement is determined by the reasonable intent of the original parties. Generally, courts assume that the parties intended the easement to meet both ______ and _______ reasonable needs of the easement holder. If an easement holder uses the easement in a way that exceeds its legal scope, the easement is surcharged.

Back 108

1) present, and
2) future

Front 109

Which of the following acts will terminate an easement?

Back 109

Condemnation of the servient estate.

Front 110

An easement can be extinguished by the easement holder’s physical act of __________ (e.g., erection of a permanent structure over the easement).

Back 110

abandonment

Front 111

_______ destruction of the servient estate (e.g., by fire or flood) will extinguish the easement.

Back 111

involuntary

Front 112

A license (is) or (is not) a nonpossessory interest in land. A license is merely a privilege to go upon another’s land; it is not an interest in land.

Back 112

is not

Front 113

Is an easement extinguished when the easement and the servient tenement become owned by the same person?

Back 113

Yes, but only if the interest acquired is equal to or greater than the interest owned

Front 114

Horizontal privity exists between:

Back 114

Parties to a real covenant who shared an independent interest in the land at the time they entered the covenant

Front 115

A real covenant is a ______ promise to do or not do something on the land.

Back 115

written

Front 116

The burden of the covenant will run with the land if:

Back 116

A real covenant is a written promise to do or not do something on the land. The burden of the covenant will run with the land if:

1. The covenanting parties intended that successors in interest be bound by the covenant;
2. The successor in interest has notice of the covenant;
3. There is horizontal privity between the original covenanting parties;
4. There is vertical privity between the covenantor and her successor in interest; and
5. The covenant touches and concerns the land.

Front 117

Which of the following is required for an equitable servitude to bind a party’s successor in interest?

Back 117

Intent

Front 118

An ________ is a covenant (i.e., a promise to do or not do something on the land) that, regardless of whether it runs with the land at law, can be enforced in equity against assignees of the burdened land who have notice of it.

Back 118

equitable servitude

Front 119

The burden of an equitable servitude will run to successors in interest if:

Back 119

The burden of an equitable servitude will run to successors in interest if:

1. The covenanting parties intended that successors in interest be bound by the covenant;
2. The successor in interest has notice of the covenant (if she paid value); and
3. The covenant touches and concerns the land (i.e., it benefits the covenantor and his successor in their use and enjoyment of the burdened land).

Front 120

The benefit of an equitable servitude will run to successors in interest if:

Back 120

the benefit of an equitable servitude will run to successors in interest if:

1. The covenanting parties intended that successors in interest be benefited by the covenant; and
2. The covenant touches and concerns the land.

Front 121

Horizontal privity between the original covenanting parties and vertical privity between the covenantor and his successor in interest (are) or (are not) required to enforce either the burden or the benefit of an equitable servitude.

Back 121

are not

Front 122

_______ privity means the original parties to a real covenant shared some interest in the land independent of the covenant at the time they entered it (e.g., as grantor and grantee).

Back 122

Horizontal

Front 123

_______ privity also relates to real covenants and means that (i) the burden will run at law if the successor holds the entire durational interest held by the covenantor at the time he made the covenant, and (ii) the benefit will run at law even if the successor holds a lesser estate.

Back 123

Vertical

Front 124

An _________ is a covenant (i.e., a promise to do or not to do something on the land) that, regardless of whether it runs with the land at law, can be enforced in equity against successors to the burdened land who have notice of the covenant.

Back 124

equitable servitude

Front 125

__________ are created by covenants contained in a writing that satisfies the Statute of Frauds. However, in the absence of a writing, _________ may be implied

Back 125

1) equitable servitudes
2) negative equitable servitudes

Front 126

negative equitable servitude may be implied if:

Back 126

in the absence of a writing, negative equitable servitudes may be implied if
(i) there is a common scheme for development (i.e., a plan existing at the time sales of the subdivision parcels began that all parcels be developed within the terms of the negative covenant), and
(ii) the grantee had actual, record, or inquiry notice of the covenant.

Front 127

If a driveway is located partly on the property of each of two adjoining landowners, what interest does each landowner have in the driveway absent express agreement?

Back 127

Cross-easement for support

Front 128

The holder of an ______________ has the right to use another’s land (the servient tenement) independent of her ownership or possession of another tract of land; i.e., there is no dominant tenement.

Back 128

easement in gross

Front 129

An ___________ arises when the owner of a tract of land conveys title but expressly reserves the right to continue to use the tract for a special purpose after the conveyance.

Back 129

easement by reservation

Front 130

An __________ arises when the owner of a tract of land sells a part of the tract and by this division deprives one lot of access to a public road or utility line.

Back 130

easement by necessity

Front 131

Which of the following must exist for the benefit of a real covenant to run with the land?

Back 131

Only vertical privity

Front 132

A breach of a real covenant is remedied by __________.

Back 132

an award of money damages

Front 133

Horizontal privity exists between:

Back 133

Parties to a real covenant who shared an independent interest in the land at the time they entered the covenant

Front 134

For the benefit of a real covenant to run with the land, notice (is) or (is not) required.

Back 134

is not

Front 135

Two neighbors install a common driveway and covenant to be mutually responsible for its maintenance.

If one conveys his property by a deed that does not mention the driveway, is his grantee mutually responsible for maintaining it?

Back 135

Yes, because the burden of the maintenance covenant runs to successors in interest

Front 136

For purposes of determining title by adverse possession, whose periods of disability may be tacked together to prevent the statute of limitations from running?

Back 136

No one’s

Front 137

The statute of limitations for adverse possession (does) or (does not) begin to run if the true owner was under a disability to sue (e.g., because of minority, imprisonment, or insanity) when the cause of action first accrued. Rather, if the owner was not legally able to sue at the time the cause of action arose (i.e., at the inception of the adverse possession), the statute will not begin to run until all of the disabilities in existence at that time are removed.

Back 137

does not

Front 138

A claimant occupying only a portion of land may gain title to the whole tract by adverse possession if there is a reasonable proportion between the portion occupied and the whole tract and the claimant has __________ the whole tract.

Back 138

Color of title to

Front 139

A ________ is a document that purports to—but does not actually—give someone title to land.

Back 139

Color of title

Front 140

Adverse Possession:

Back 140

To establish title by adverse possession, the possessor must show:

(i) An actual entry giving exclusive possession that is
(ii) Open and notorious,
(iii) Adverse (hostile), and
(iv) Continuous throughout the statutory period.

Front 141

Constructive possession requires that the claimant have color of title to the whole tract, not that the claimant have a _______ belief that she owns the whole tract. In general, the state of mind of the adverse possessor is irrelevant. By the large majority view, it does not matter whether the possessor believes she is on her own land, knows she is trespassing on someone else’s land, or has no idea who owns the land.

Back 141

good faith

Front 142

The hostility element of adverse possession requires that the possessor:

Back 142

Lack the true owner’s permission to be on the land

Front 143

O conveys to A a fee simple subject to a condition subsequent and retains a right of entry.

When must X go into adverse possession in order to acquire O’s interest?

Back 143

When O asserts his right of entry

Front 144

If an occupier initially has the true owner’s permission to enter the land, may she acquire title to the land by adverse possession?

Back 144

Yes, if the occupier communicates hostility.

NOTE:
If the occupier enters with the owner’s permission, her possession may become adverse only once she makes it clear to the owner that she is claiming hostilely. This can be done by explicit notification, by refusing to permit the true owner to come onto the land, or by other acts inconsistent with the original permission.

Front 145

If an adverse possessor builds a home on land that is limited by covenant to commercial structures, she can acquire title __________.

Back 145

free of the commercial building covenant

Front 146

Someone who does not __________ may still acquire the property by adverse possession if he has __________.

Back 146

1) possess an entire tract of land;
2) color of title to it

Front 147

Both the buyer and the seller generally (are) or (are not) entitled to specific performance of a land sale contract.

Back 147

are

Front 148

The remedy at law, damages, is deemed inadequate because land is unique. Courts also generally will award specific performance for the seller if the buyer is in breach, although a few courts will do so only if the property is especially ______ (e.g., not if a developer is selling a house in a large subdivision of similar houses).

Back 148

unique

Front 149

If the seller cannot convey marketable title, the buyer (may) or (may not) obtain specific performance of the land sale contract with an abatement of the purchase price in an amount reflecting the title defect.

Back 149

May

Front 150

The usual measure of damages for breach of a real estate contract is the difference between the _______ and the ________ of the land on the date of breach.

Back 150

1) contract price
2) market value

Front 151

Which clause in a land sale contract probably will allow Seller to avoid liability for her home’s leaky roof, which Seller is aware of but Buyer is unlikely to discover before moving in?

Back 151

“Seller is not liable for leaks in the roof”

Front 152

Liability of Seller in house sell:

Back 152

A buyer may hold a seller liable for defects in any improvements to existing land and buildings. Liability may be based on a seller’s
(i) misrepresentation,
(ii) active concealment, or
(iii) failure to disclose serious defects known to her and which the buyer is not likely to discover. A seller cannot avoid liability on these grounds by inserting a general exculpatory clause in the contract of sale. However, a specific disclaimer, which identifies and disclaims liability for specific types of defects, is likely to be upheld.

Front 153

If a seller refuses to convey land pursuant to an oral land sale contract, a court likely will __________.

Back 153

award the buyer specific performance if the buyer has paid the purchase price and has taken possession of the land

Front 154

Enforcement of land contract made orally:

Back 154

While land sale contracts must be in writing and signed by the party to be charged to be enforceable under the Statute of Frauds, a court may enforce an oral contract in equity under the doctrine of part performance if the buyer has performed two of the following acts:
Taken possession of the land;
Made substantial improvements to the land, and/or
Paid all or part of the purchase price.

Front 155

If a seller refuses to convey land pursuant to an oral land sale contract, a court likely will enforce the contract although it does not satisfy the Statute of Frauds:

Back 155

A court may award specific performance despite the absence of a signed writing if the buyer shows sufficient acts of part performance. Two theories support this remedy:
(i) the buyer’s acts unequivocally evidence an oral contract; and
(ii) the buyer’s detrimental reliance estops the seller from asserting the Statute of Frauds as a defense.

Front 156

Under the doctrine of equitable conversion, equity regards the seller of land as:

Back 156

Holding bare legal title to the realty in trust for the buyer