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82 Cards in this Set

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Tenancy for years
for a term

fixed beginning and ending date that ends automatically or upon surrender by tenant, unless there is an agreement to renew
Periodic tenancy
(year to year, month to month)

fixed beginning date with automatic renewal of the period of time until one party ends the agreement
Tenancy at will
no specified beginning and ending dates and terminated at will by either party

at common law, no advance notice was required for termination

**unless expressly stated, will be construed as periodic tenancy
Tenancy at sufferance
(not really an estate)

tenant holds possession of premises over the time of tenancy as adverse possessor

landlord may evict or bind tenant to new periodic tenancy
Potential Reasons for termination of a tenancy
-death of a party
-tenant causes damages affecting value of property
-tenant assigns tenancy to another
-landlord leases property to another party
-landlord conveys property to another party
Duties of the Landlord
-Duty to deliver possession
-Quiet enjoyment
-Suitable premises for a particular purpose
**no duty to repair unless required by statute or lease provision
Duty to Deliver Possession
deliver possession to tenant at beginning of term or the landlord is in breach
Quiet Enjoyment
grantee will not be disturbed in possession or enjoyment of property by third party's lawful claim of title

active eviction or constructive eviction are prohibited
Active Eviction
the paramount titleholder actively excludes the tenant from the premises
Constructive Eviction
conduct or neglect makes premises uninhabitable, but the tenant must actually vacate the premises for defense to be available
Suitable Premises for Particular Purpose
no liability for dangerous condition on premises unless landlord knows or should know of condition and tenant would not discover using due care
Duties of the Tenant
-Duty to pay rent
-Duty to repair
-not to use for illegal purposes
Rent
does not accrue from day-to-day; most jurisdictions require paying pro-rated amount for any term in possession, less
voluntary waste
injury to premises by intentional or negligent affirmative act by the tenant
ameliorating waste
change in the physical characteristics of occupied premises by unauthorized act of tenant which increases the value of the property

(under modern law, change can occur if tenant possesses land for period of time and keeps changes with surrounding areas)
permissive waste
injury to premises caused by a failure to act when the tenant has a duty to act
(i.e. duty to repair)
Assignment
tenant completely transfers the entire remaining estate to a third party

-privity of contract continues tenant duties
-assignees must continue covenants if assumed or run with land
Sublease
tenant transfers to a third party, but retains any part of remaining estate

-tenant remains privity of estate and contract and obligated to continue paying rent
-subtenant not liable to landlord to pay rent or other covenants
Easement
non-possessory interest in land of another which:
1) entitles owner to limited use and/or enjoyment of land
2) entitles owner to protection from 3rd party interference in such use or enjoyment
3) not subject to the will of land possessor
4) not normally incident to any conveyance of the land
Easement Appurtenant
ownership of the right goes with the benefitted land

*involves both dominant and servient tenements
Easement in Gross
personal right obtained by party

*involves only servient tenement
Creation of Easements
-express reservation or grant in deed
-implied in law (necessity) or in fact (prior use)
-estoppel
-prescription
-eminent domain
Easement Implied in Law or Fact
-land was being used for a benefit at time of conveyance (quasi-easement)
-use is apparent
-use is continous
-use is reasonably or strictly necessary to enjoyment
Prescriptive Easement
-HOSTILE possession
-CONTINUOUS use consistent with need of benefitted party for set amount of time
-OPEN and NOTORIOUS

**owners may post signs or periodically interfere with use to prevent
Termination of Easements
-condemnation
-abandonment by the benefitted party with action preventing further use of easement
-estoppel
-merger of servient and dominant tenements
-release of interest by benefitted party in writing
Profit
easement that confers a right to enter and remove materials from the land of another
License
permits entry onto land of another without being a trespasser

**only a privilege that is revocable at owner's will
Covenant Running With the Land
attached or connected with estate that requires (affirmative) or prohibits (negative) holder from performing an act with respect to the land
To Create a Covenant Running with the Land
1) signed writing in compliance with Statute of Frauds
2) promise must touch and concern the land
3) privity of estate
4) intent to bind parties, either through language or nature of promise
5) notice
Equitable Servitude
attached or connected with estate to require or prohibit the holder to perform an act with respect to land (enforced in court of equity)
To Create an Equitable Servitude
1) writing in compliance with Statute of Frauds
2) intent of parties
3) notice of existence of the servitude
4) promise touch and concern land
Collateral Document Rule

(reciprocal negative servitude)
where a developer of land divides land with intent for all parcels to contain a restriction, then all parcels will be restricted, even if not expressly stated in the deed

-requires constructive notice
-requires common scheme
Distinguish between DOMINANT and SERVIENT tenements.
Dominant - land benefitted by the easement

Servient - land subject to the easement

*appurtenant easement affects both
*easement in gross affect the only servient
What is needed to satisfy the Statute of Frauds?
-written instrument
-signed by grantor or grantor's agent
-both parties must be identified
-adequate description of property
When may an informal writing satisfy the Statute of Frauds?
-intent to be bound
-contract terms
-signed by parties
What is the Doctrine of Part Performance?
may be used to enforce an oral sales agreement in a court of equity

generally requires:
-payment of part or all purchase price OR
-delivery of possession or premises to grantee OR
-construction of valuable and permanent improvements by grantee
What are 3 rules of construction about a deed?
-the Granting Clause trumps the Habendum Clause if deed inconsistent with no clear intent
-if the deed remains ambiguous, construe deed against grantor
-if the deed is patently ambigous, look to all the extrinsic facts
What is escrow?
deposit of a properly executed deed by the grantor with a third party to deliver the deed upon performance of a named event

*grantor cannot recover deed prior to condition if written contract exists
What is required for the delivery of a deed?
intent by the grantor to transfer the deed to the grantee (physical delivery is not required)
What is required for the description of land in the deed?
the land must be identified from the description in the document to be sufficient

may be incorporated from reference and parole evidence is admissible to clear up ambiguity
What is a mortgage?
conveyance of land given as security for payment of debt
Installment Land Sales Contract
purchase land through a series of payments where possession is given, but legal title does not vest until fully paid
What are some defects that would render title unmarketable?
-outstanding mortgage or lien
-existence of restrictive covenant
-outstanding future interests of others
-easement on any appreciable part of property
-variation in names of grantor or grantee in chain of title
-land subject to claims of adverse possessors
What is the remedy for failure to convey marketable title?
-buyer must notify seller of defect in detail
-seller is allowed reasonable time to correct defect
-if seller fails to cure, buyer may rescind (recover amount paid) OR sue for damages (market minus contract value) OR specific performance
What are 4 types of listing agreements for real estate brokers?
-open (many different brokers)
-exclusive agency (no other agent)
-exclusive right to sell (no other agent and no sale by agent)
-Multiple Listing Service
What are the components of the Recording System?
-documents are filed chronologically
-indices
-documents in other offices
Describe the grantor/grantee index.
-search back from the present owner.
-search forward from remote past.
-show a chain-of-ownership for more than 80 years.
Describe a tract index.
-each tract has its own page in the index book.
-every effective transaction is listed in order of filing
What are the 3 types of Recording Acts?
Pure Race
Pure Notice
Race Notice
Describe a Pure Race Recording Act.
the holder of the first recorded deed prevails, even if not a bfp
Describe a Pure Notice Recording Act.
the holder of the second recorded deed wins if that person is a bfp

"actual notice"
Describe a Race Notice Recording Act.
the holder of the second recorded deed prevails if that person is a bfp and recorded first
What are 4 types of problems in Chain-of-Title?
-missing link ("wild deed")
-deed recorded too soon
-deed recorded too late
-deed to other land
What is the Doctrine of After Acquired Title?
G conveys to A by warranty deed with imperfect title.
G acquires title at later date.
G is estopped from asserting title against A.
(Generally A is not protected from BFP from G.)
What are METHODS FOR TITLE ASSURANCE?
Covenants for Title
Title Examination
Statutes of Limitation
Agreement and Acquiescence
Marketable Title Acts
Title Insurance
What are the 3 PRESENT Covenants for Title?
1) seisin
2) right to convey
3) against encumbrances
What are the 3 FUTURE Covenants for Title?
1) warranty
2) quiet enjoyment
3) further assurance
Distinguish a PRESENT and FUTURE Covenant for Title.
P - do not run with the land
- broken at conveyance or never broken
- cause of action personal to grantee

F - runs with the land
- broken with active or constructive eviction
What is Covenant of Seisin?
the grantor lawfully seised of absolute, perfect, and indefeasible fee simple title subject only to express limitations of deed
What is Covenant Against Encumbrances?
there is no 3rd party interest in land that not inconsistent with power of the present party to convey in fee simple
What is necessary for a claim of Adverse Possession in Land?
1)ACTUAL and EXCLUSIVE possession
2)OPEN and NOTORIOUS
3)CONTINUOUS in way suitable to property
4)HOSTILE and ADVERSE
5)CLAIM OF RIGHT in good faith

*must be less than the freehold estate
What is Agreement and Acquiescence?
When parties dispute boundaries of land, may be fixed by agreement (written or oral) without adverse possession or litigation
What are the purposes of a Marketable Title Act?
-restore marketability of title in old, unused, abandoned land interests
-improve the efficiency of the recording system by limiting the time to search
What is Title Insurance?
indemnifies named insured persons from loss due to defect or unknown flaws in title
What is Zoning?
regulation of what uses may occur in named areas or locations
What is Equitable Conversion?
-treats interests in land as if already converted into personal property
Describe how Equitable Conversion applies to land.
-an enforceable obligation to sell land

-the purchaser is the equitable owner of the land
-the vendor is the beneficial owner of personal property (right to purchase price)
-if property is destroyed after contract for sale and before closing, and neither party at fault, the BUYER must pay contract price and take loss
What is a quitclaim deed?
conveys grantor's complete interest or claim in certain real estate, but neither warrants nor professes that title is valid
What is a warranty deed?
deed containing one or more warranties of title; expressly guarantees the grantor's good clear title
When will an easement implied from prior use arise?
owner of entire tract of land or adjoining parcels, after using part of tract to derive benefit by apparent, continous, and permanent use conveys part of the property without mention of this use

requires
1) common ownership of claimed parcels and conveyance separating them
2) before conveyance, common owner used part for benefit of other part
3) necessary and beneficial to enjoyment of parcel conveyed
When will an easement implied from necessity arise?
where enjoyment of land strictly requires use of another from substantial impracticability

-common ownership of both estates at some time in past
-lasts only as long as necessity
What is a fixture?
chattel that has become real property

1) annexed to realty actually or constructively
2) appropriated to purpose for which land used
3) intention for chattel to be fixture
Trade Fixtures
chattels annexed to land by tenant for pecuniary gain during tenancy
Are trade fixtures removable?
Yes

-CL said before expiration of lease or the fixtures belong to the landlord
-MODERN said removal within reasonable time after expiration of lease
What is the RELATION BACK doctrine?
where justice requires, title of grantee will relate back to TIME OF DEPOSIT OF DEED IN ESCROW

applied where:
-grantor dies
-grantor becomes incompetent
-creditor attaches title

*not applied if intervening party is mortgagee or BFP
*not applied if grantee had knowledge
What is horizontal privity?
relationship between original covenanting parties, requiring that the two shared an interest in land independent of covenant at time covenant entered

(landlord-tenant, mortgagor-mortgagee, grantor-grantee)
Vertical privity
only exists when the estate that has been transferred is the estate owned by the grantor
What is "touch and concern"?
performance of the burden must diminish landowner's right, privileges, and powers in enjoyment of the land
What is variation in zoning regulations?
deviation from the established zoning restriction to prevent hardship in a particular case based on unique property circumstances
What is Subdivision Regulation?
requires developers to dedicate land (or money in lieu of) for the building of roads, utility lines, and may also regulate the size of lots, water and enviromental issues, etc.
What is Public Acquisition and Development?
regulatory taking that requires compensation for public redevelopment of land for environmental, historical or cultural concerns
What is the Shelter Rule?
a person who takes from a bona fide purchaser prevails against any interest that the tranferor-BFP would have prevailed against