Real Property (Mbe)

Front 1

RIGHTS IN THE LAND OF ANOTHER:

(1) ______________

(2) ______________

(3) ______________

(4) ______________

These are NONPOSSESSORY interests in land - they create a right to USE LAND POSSESSED BY SOMEONE ELSE.

Back 1

RIGHTS IN THE LAND OF ANOTHER:

(1) Easements

(2) Profits

(3) Covenants

(4) Servitudes

These are NONPOSSESSORY interests in land - they create a right to USE LAND POSSESSED BY SOMEONE ELSE.

PNEUMONIC: Eating Prunes Causes Sh*tting

Front 2

Grant of an interest in land allowing one to use the land of another

Back 2

EASEMENT: Grant of an interest in land allowing one to use the land of another

Ex. Owner of parcel A grants owner of parcel B the right to drive across parcel A.

Front 3

A/an __________ is the permission to go onto the land of another.

Back 3

A LICENSE is the permission to go onto another's land.

Ex. O allows the electrician to come onto his land to fix an outlet.

Front 4

A/an __________ is the right to take resources from the land of another.

Back 4

A PROFIT is the right to take resources from the land of another.

Ex. O allows A to come onto O's land to cut and remove timber.

Front 5

A _________ __________ or an __________ __________ is a promise to do / not do something on the land.

Back 5

A REAL COVENANT or EQUITABLE SERVITUDE is a promise to do / not do something on the land.

Ex. O conveys adjoining parcel to A. A promises not to build a pool on the property.

Front 6

An easement holder has the right to use another's land for a _________ purpose.

HOWEVER, he has NO right to ________ or _______ the land.

Back 6

An easement holder has the right to use another's land for a SPECIAL purpose.

HOWEVER, he has NO right to POSSESS or ENJOY the land.

Front 7

EASEMENT vs. LICENSE

Licenses allow their holders to go upon the land of another.

*Unlike an easement, a license is NOT an INTEREST in land; it is merely a _________ and is __________ at the will of the licensor.

*A license is ________ to the licensee and is __________.

Back 7

Licenses allow their holders to go upon the land of another.

*Unlike an easement, a license is NOT an INTEREST in land; it is merely a PRIVILEGE and is REVOCABLE at the will of the licensor.

*A license is PERSONAL to the licensee and is INALIENABLE.

Front 8

A failed attempt to create an EASEMENT results in a _________.

Back 8

A failed attempt to create an EASEMENT results in a LICENSE.

Front 9

An easement can be acquired by PRESCRIPTION.

To acquire a prescriptive easement, the use must be:

(1) _________ and _________ (ie. discoverable upon inspection);

(2) _________ (ie. w/o the owner's permission); and

(3) CONTINUOUS and __________;

(4) For the __________ __________.

Back 9

To acquire a prescriptive easement, the use must be:

(1) OPEN and NOTORIOUS (ie. discoverable upon inspection);

(2) ADVERSE (ie. w/o the owner's permission); and

(3) CONTINUOUS and UNINTERRUPTED;

(4) For the STATUTORY PERIOD.

NOTE: Prescriptive easements CANNOT be acquired in PUBLIC LAND!

Hint 9

Similar to acquiring property by ADVERSE POSSESSION!

Front 10

CREATION OF EASEMENTS--

The basic methods of creating an easement are: _________ GRANT or _________, __________, and PRESCRIPTION.

Back 10

The basic methods of creating an easement are: EXPRESS GRANT or RESERVATION, IMPLICATION, and PRESCRIPTION.

Front 11

A _________ is generally required to create an EASEMENT.

EXCEPTIONS:

(1) Less than 1 _______;

(2) Implication

(3) Necessity

(4) Prescription

Back 11

A WRITING is generally required to create an EASEMENT.

EXCEPTIONS:

(1) Less than 1 year;

(2) Implication

(3) Necessity

(4) Prescription

Front 12

EASEMENT IMPLIED FROM EXISTING USE ("QUASI-EASEMENT")---

An easement may be implied if:

(1) PRIOR TO THE ________ of a single tract,

(2) An APPARENT and _________ use exists on the "servient" part,

(3) That is __________ NECESSARY for the enjoyment of the "dominant" part, and

(4) The court determines that the parties _________ the use to continue after division of the land.

Back 12

An easement may be implied if:

(1) PRIOR TO THE DIVISION of a single tract,

(2) An APPARENT and CONTINUOUS use exists on the "servient" part,

(3) That is REASONABLY NECESSARY for the enjoyment of the "dominant" part, and

(4) The court determines that the parties INTENDED the use to continue after division of the land.

Front 13

EASEMENT IMPLIED W/O ANY EXISTING USE---

(1) Subdivision Plat

(2) Profit a Prende

Back 13

EASEMENT IMPLIED W/O ANY EXISTING USE---

(1) Subdivision Plat--->When lots are sold, buyers have implied easements to use the streets to get to lots.

(2) Profit a Prende--->Holder has an implied easement to pass over the surface of the land and to use it as reasonably necessary to take product.

Front 14

EASEMENT BY NECESSITY

Arises when landowner sells a portion of his tract, __________ one lot of access to a public road.

Owner of ________ parcel has right to LOCATE the easement.

Back 14

Arises when landowner sells a portion of his tract, DEPRIVING one lot of access to a public road.

Owner of SERVIENT parcel has right to LOCATE the easement.

Front 15

This is a WRITTEN PROMISE to do / NOT do something on the land.

Back 15

REAL COVENANT: This is a WRITTEN PROMISE to do / NOT do something on the land.

NOTE: Usually found in a DEED!

NOTE: Also called a COVENANT RUNNING W/ THE LAND

Front 16

What does it mean to say that real covenants RUN W/ THE LAND?

Back 16

Subsequent owners may ENFORCE or BE BURDENED by the covenants.

Front 17

DEEDS transfer _________ to an interest in real property.

(1) Must be in __________;

(2) Must be _________ by the GRANTOR; and

(3) Must REASONABLY _________ the PARTIES + LAND.

Back 17

DEEDS transfer TITLE to an interest in real property.

(1) Must be in WRITING;

(2) Must be SIGNED by the GRANTOR; and

(3) Must REASONABLY IDENTIFY the PARTIES + LAND.

Front 18

DEEDS--VOID vs. VOIDABLE

Void Deed: Set aside by the court EVEN IF the property has passed to a _______ _______ PURCHASER.

Voidable Deed: Set aside ONLY if the property has NOT passed to a ______ ________ _____________.

Back 18

DEEDS--VOID vs. VOIDABLE

Void Deed: Set aside by the court EVEN IF the property has passed to a BONA FIDE PURCHASER.

Voidable Deed: Set aside ONLY if the property has NOT passed to a BONA FIDE PURCHASER.

Front 19

Examples of VOID DEEDS:

Back 19

Examples of VOID DEEDS:

-Forged

-Were never delivered

-Were obtained by fraud in the factum

Front 20

Examples of VOIDABLE DEEDS--->

Back 20

Examples of VOIDABLE DEEDS--->

- Executed by minors

- Obtained through fraud in the inducement / duress / undue influence / mistake

Front 21

A deed is NOT effective UNLESS it has been ___________ and __________.

Back 21

A deed is NOT effective UNLESS it has been DELIVERED and ACCEPTED.

NOTE: A deed to a dead person is VOID and conveys NO TITLE.

Front 22

3 TYPES OF DEEDS TO CONVEY PROPERTY INTERESTS:

(1) ______________

(2) ______________

(3) ______________

The difference between them is the scope of ________ ___________.

Back 22

3 TYPES OF DEEDS TO CONVEY PROPERTY INTERESTS:

(1) General warranty deed

(2) Special warranty deed

(3) Quitclaim deed

The difference between them is the scope of TITLE ASSURANCE (ie. covenants of title).

Front 23

QUITCLAIM DEED: This conveys _________ _________ the grantor has.

This means that there are NO COVENANTS OF TITLE.

Back 23

QUITCLAIM DEED: This conveys WHATEVER INTEREST the grantor has.

This means that there are NO COVENANTS OF TITLE.

Front 24

Interests that an owner has a right to possess.

Back 24

POSSESSORY INTERESTS: Interests that an owner has a right to possess.

Front 25

Rights in the land of another.

These are ____________ interests.

Back 25

NONPOSSESSORY INTERESTS: Rights in the land of another.

Ex. easements, profits, covenants, and servitudes

Front 26

JOINT TENANCY

The 4 unities must be present------>What are they?

NOTE: Each tenant has an __________ interest in the whole estate.

Back 26

JOINT TENANCY

The 4 unities MUST be present:

(1) TIME--Interests vested at the same time

(2) TITLE--Interests acquired from same instrument

(3) INTEREST--Identical interests (same type/duration)

(4) POSSESSION--W/ equal rights to enjoyment

NOTE: Each tenant has an UNDIVIDED interest in the whole estate.

Front 27

TENANCY BY THE ENTIRETY

This requires the same FOUR UNITIES as a joint tenancy PLUS MARITAL RELATIONSHIP.

Severance is _________! When a T/E is SEVERED, the estate is then converted to a T/C.

Back 27

Any conveyance to a H + W is PRESUMED to create a T/E.

Severance is LIMITED! When a T/E is SEVERED, it becomes a T/C.

Front 28

TENANCY IN COMMON

The ONLY unity required is _________.

Back 28

TENANCY IN COMMON

The ONLY unity required is POSSESSION.

Front 29

JOINT TENANCY--SEVERANCE

Right of survivorship may be be SEVERED by:

(1) __________ by one joint tenant;

(2) __________ of joint tenants;

(3) __________ of one joint tenant by another;

(4) Simultaneous ________ of joint tenants.

Back 29

JOINT TENANCY---SEVERANCE

Right of survivorship may be be SEVERED by:

(1) CONVEYANCE by one joint tenant;

(2) AGREEMENT of joint tenants;

(3) MURDER of one joint tenant by another;

(4) Simultaneous DEATH of joint tenants.

NOTE: Termination may also occur by voluntary or involuntary PARTITION!

Front 30

TENANCY BY THE ENTIRETY---SEVERANCE

Severance in T/E is _________!

T/E estate CANNOT be terminated by INVOLUNTARY ________.

T/E can be terminated ONLY by:

(1) __________ (leaves parties as tenants in common);

(2) __________ agreement;

(3) Execution by _________ _________.

Back 30

TENANCY BY THE ENTIRETY---SEVERANCE

Severance in T/E is LIMITED!

T/E estate CANNOT be terminated by INVOLUNTARY PARTITION.

T/E can be terminated ONLY by:

(1) DIVORCE (leaves parties as tenants in common);

(2) MUTUAL agreement;

(3) Execution by JOINT CREDITOR.

NOTE: Individual spouse CANNOT convey or encumber!

Front 31

A tenancy in common may be terminated by __________.

Is there a right of survivorship?

Back 31

A tenancy in common may be terminated by PARTITION.

There is NO right of survivorship!

Front 32

TRUST: This is a __________ relationship w/ respect to specific _________ (res) wherein the __________ holds ________ title to the property subject to enforceable __________ rights in a ___________.

Back 32

TRUST: This is a FIDUCIARY relationship w/ respect to specific PROPERTY (res) wherein the TRUSTEE holds LEGAL title to the property subject to enforceable EQUITABLE rights in a BENEFICIARY.

Front 33

This is the CREATOR of a trust.

---He must _____ the property at the time the trust is created.

---He must have had the ________ to create the trust.

Back 33

SETTLOR: The creator of a trust.

He must OWN the property at the time the trust is created.

He must have had the INTENT to create the trust.

Front 34

This is a trust created by will.

Back 34

TESTAMENTARY TRUST: A trust created by will.

Front 35

All trusts of REAL PROPERTY must be ___________.

Back 35

All trusts of REAL PROPERTY must be IN WRITING.

Front 36

CHARITABLE TRUSTS

The rules governing these differ from those applicable to private trusts in 3 ways:

(1) Must have __________ BENEFICIARIES;

(2) May be __________ (the Rule Against Perpetuities does NOT apply); and

(3) _____ ______ DOCTRINE applies (allows court to select an alternative charity when settlor's purpose becomes impractical / impossible).

Back 36

CHARITABLE TRUSTS

The rules governing these differ from those applicable to private trusts in 3 ways:

(1) Must have INDEFINITE BENEFICIARIES;

(2) May be PERPETUAL (the Rule Against Perpetuities does NOT apply); and

(3) CY PRES DOCTRINE applies (allows court to select an alternative charity when settlor's purpose becomes impractical / impossible).

Front 37

CY PRES DOCTRINE: Allows a court to select an alternative charity when the ________ of the settlor becomes ___________ or ____________.

Back 37

CY PRES DOCTRINE: Allows a court to select an alternative charity when the PURPOSE of the settlor becomes IMPRACTICAL or IMPOSSIBLE.

Front 38

What is this rule called?

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.

REPHRASE: If there is ANY POSSIBILITY the interest might vest more than 21 years after a life in being, the interest is void.

Back 38

RULE AGAINST PERPETUITIES--->

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.

REPHRASE: If there is ANY POSSIBILITY the interest might vest more than 21 years after a life in being, the interest is void.

Front 39

CONCURRENT ESTATES

An estate in land can be held concurrently by several persons.

Each has the right to _________ and __________ of the land.

Back 39

CONCURRENT ESTATES

An estate in land can be held concurrently by several persons.

Each has the right to POSSESSION and ENJOYMENT of the land.

Front 40

JOINT TENANCY

A unique feature of the J/T is the RIGHT OF SURVIVORSHIP.

What does this mean?

Back 40

RIGHT OF SURVIVORSHIP: When one joint tenant dies, the property is FREED from her concurrent interest.

Surviving co-tenant has a right to the whole estate.

ie. The survivors of the deceased tenant do NOT succeed to it!

Front 41

JOINT TENANCY

All interests in a joint tenancy must be _______ ________.

Example--->

Back 41

JOINT TENANCY

All interests in a joint tenancy must be EQUAL SHARES.

Example--->If there are three joint tenants, they each own an undivided one-third interest.

Front 42

TENANCY IN COMMON

Equal shares are PRESUMED, but are NOT required!

Example--->

Back 42

TENANCY IN COMMON

Equal shares are PRESUMED, but are NOT required!

Example--->In a tenancy in common held by three parties, one tenant may own a two-thirds undivided interest while each of the other two tenants holds an undivided one-sixth share.

Front 43

Modern law requires a clear ________ of right of survivorship.

OTHERWISE, a conveyance to two or more persons is __________ to be a T/C.

Back 43

Modern law requires a clear EXPRESSION of right of survivorship.

OTHERWISE, a conveyance to two or more persons is PRESUMED to be a T/C.

Front 44

In a tenancy in common, equal shares are ___________, but are NOT ___________.

Back 44

In a tenancy in common, equal shares are PRESUMED, but are NOT REQUIRED.

Front 45

RIGHTS OF CO-TENANTS (POSSESSION)

Right to possess ____ portions of the property.

However, no right to __________ possession of any part.

Back 45

RIGHTS OF CO-TENANTS (POSSESSION)

Right to possess ALL portions of the property.

However, no right to EXCLUSIVE possession of any part.

Front 46

RIGHTS OF CO-TENANTS (POSSESSION)

Co-tenant out of possession CANNOT bring possessory action UNLESS she is _______.

Back 46

RIGHTS OF CO-TENANTS (POSSESSION)

Co-tenant out of possession CANNOT bring possessory action UNLESS she is OUSTED.

Front 47

What does it mean to be OUSTED?

Another co-tenant claims right to __________ ___________.

Back 47

What does it mean to be OUSTED?

Another co-tenant claims right to EXCLUSIVE POSSESSION.

Front 48

RIGHTS AND DUTIES OF CO-TENANTS--RENTS AND PROFITS

In most states, a co-tenant in _________ has the right to retain profits from her _____ ______ of the property.

What does THIS mean?

Back 48

RIGHTS AND DUTIES OF CO-TENANTS--RENTS AND PROFITS

In most states, a co-tenant in POSSESSION has the right to retain profits from her OWN USE of the property.

ie. She need NOT share profits w/ other co-tenants absent ouster or an agreement to the contrary.

HOWEVER, she must share rents from third parties and profits gained from exploitations of land.

Front 49

RIGHTS AND DUTIES OF CO-TENANTS--EFFECT OF ONE CONCURRENT OWNER'S ENCUMBERING THE PROPERTY

A joint tenant or tenant in common may encumber her interest (eg. by mortgage or judgment lien), but may NOT encumber the interests of other co-tenants.

Example-->

Back 49

If one tenant in common mortgages her interest, the mortgagee can foreclose ONLY on the mortgaging co-tenant's interest.

Front 50

REMEDY OF PARTITION

A co-tenant has a right to judicial partition, either IN KIND (physical division of land among co-tenants) or by sale and division of proceeds.

When is this right valid?

Back 50

REMEDY OF PARTITION

A co-tenant has a right to judicial partition, either IN KIND (physical division of land among co-tenants) or by sale and division of proceeds.

When is this right valid?-->

In general, this right may be exercised at any time.

However, restraints on partition are valid, so long as limited to a REASONABLE TIME.

Front 51

EXPENSES FOR PRESERVATION OF PROPERTY--CONTRIBUTION

List the 3 situations--->

Back 51

EXPENSES FOR PRESERVATION OF PROPERTY--CONTRIBUTION

List the 3 situations:

(1) REPAIRS

(2) IMPROVEMENTS

(3) TAXES + MORTGAGES

Front 52

CONTRIBUTION BY CO-TENANTS FOR REPAIRS

A co-tenant who pays more than her pro rata share of NECESSARY repairs is entitled to contribution from the other co-tenants SO LONG AS...

Back 52

CONTRIBUTION BY CO-TENANTS FOR REPAIRS

A co-tenant who pays more than her pro rata share of NECESSARY repairs is entitled to contribution from the other co-tenants SO LONG AS she has NOTIFIED the other co-tenants of the need for repairs.

Front 53

CONTRIBUTION BY CO-TENANTS FOR IMPROVEMENTS

There is ____ right of contribution for cost of improvements UNLESS there is a _________.

Back 53

CONTRIBUTION BY CO-TENANTS FOR IMPROVEMENTS

There is NO right of contribution for cost of improvements UNLESS there is a PARTITION.

Front 54

CONTRIBUTION BY CO-TENANTS FOR TAXES / MORTGAGE

Co-tenant may demand contribution for taxes paid on the entire property.

However, reimbursement to co-tenant IN SOLE POSSESSION is LIMITED to:

Back 54

CONTRIBUTION BY CO-TENANTS FOR TAXES / MORTGAGE

Co-tenant may demand contribution for taxes paid on the entire property.

However, reimbursement to co-tenant IN SOLE POSSESSION is LIMITED to the extent that expenditures exceed the rental value of her use.

Front 55

Identify the following--->

Each co-tenant has an undivided interest in the whole estate.

Surviving co-tenant has right to the whole estate (right of survivorship).

Back 55

JOINT TENANCY

Each co-tenant has an undivided interest in the whole estate.

Surviving co-tenant has right to the whole estate (right of survivorship).

Front 56

Identify the following--->

H + W each has an undivided interest in the whole estate.

Each spouse has right of survivorship (ie. surviving co-tenant has right to the whole estate).

Back 56

This is a TENANCY BY THE ENTIRETY.

Front 57

Identify the following--->

Each tenant has a distinct, proportionate, undivided interest in the property.

There is no right of survivorship.

Back 57

This is a TENANCY IN COMMON.

Front 58

Which interests in land are subject to PARTITION?

(1) JOINT TENANCY?

(2) TENANCY BY ENTIRETY?

(3) TENANCY IN COMMON?

Back 58

Which interests in land are subject to PARTITION?

(1) JOINT TENANCY?
--->Yes, it can be terminated by voluntary OR involuntary partition.

(2) TENANCY BY ENTIRETY?
--->NO, it CANNOT be terminated by involuntary partition.

(3) TENANCY IN COMMON?
--->Yes, it can be terminated by partition.

Front 59

This is an estate in land under which the tenant has a ________ _________ interest in the leased premises and the _________ has a _________ __________ (reversion).

Back 59

LEASEHOLD: This is an ESTATE IN LAND under which the tenant has a PRESENT POSSESSORY interest in the leased premises and the LANDLORD has a FUTURE INTEREST (reversion).

Front 60

List 4 leasehold estates--->

Back 60

(1) Tenancy for years

(2) Periodic tenancies

(3) Tenancies at will

(4) Tenancies at sufferance

Front 61

What type of tenancy continues for a FIXED time period?

Back 61

TENANCY FOR YEARS - continues for a FIXED time period

(eg. A rents to B for 2 years)

Usually created by a WRITTEN LEASE.

Under the Statute of Frauds, a writing is required if the lease is for MORE THAN ONE YEAR!

Front 62

The landlord reserves a _______ of ________ which allows him to terminate the lease if the tenant breaches any of the lease's covenants.

Back 62

The landlord reserves a RIGHT of ENTRY which allows him to terminate the lease if the tenant breaches any of the lease's covenants.

ie. Failure to pay rent

ie. Surrender

Front 63

This type of tenancy continues for successive periods (ie. month to month) until terminated by either party giving proper notice.

Back 63

PERIODIC TENANCY: Continues for successive periods (eg. month to month) until terminated by either party giving proper notice.

Front 64

A TENANCY _____ _____ is terminable at the will of either landlord / tenant.

This is a tenancy of no stated _________ that lasts as long as both parties ________.

Back 64

A TENANCY AT WILL is terminable at the will of either landlord / tenant.


This is a tenancy of no stated DURATION that lasts as long as both parties DESIRE.

Front 65

A TENANCY AT SUFFERANCE arises when a tenant _________ remains in __________ after the expiration of a lawful tenancy.

Back 65

A TENANCY AT SUFFERANCE arises when a tenant WRONGFULLY remains in POSSESSION after the expiration of a lawful tenancy.

Front 66

Leasehold that terminates at the end of stated period w/o either party giving notice.

Back 66

TENANCY FOR YEARS: Leasehold that terminates at the end of stated period w/o either party giving notice.

Front 67

Name the type of leasehold--->

Terminates by notice from one party at least equal to the length of the time period (e.g. one full month, for a month-to-month tenancy).

Back 67

PERIODIC TENANCY: This terminates by notice from one party at least equal to the length of the time period

EXCEPTION: Only 6 months' notice is required to terminate a year-to-year tenancy.

Front 68

Name the type of leasehold--->

Usually terminates after one party displays an intention that the tenancy should come to an end.

May also end by operation of law (eg. death of a party, attempt to transfer interest).

Back 68

TENANCY AT WILL: This usually terminates after one party displays an intention that the tenancy should come to an end. It may also end by operation of law (eg. death of a party, attempt to transfer interest).

Front 69

Leasehold that terminates when landlord evicts tenant or elects to hold tenant to another term.

Back 69

TENANCY AT SUFFERANCE: Leasehold that terminates when landlord evicts tenant or elects to hold tenant to another term.

Front 70

The Hold-Over Doctrine:

Back 70

The Hold-Over Doctrine:

If a tenant continues in possession after his right to possession has ended, the landlord may:

(1) EVICT him, or

(2) Bind him to a NEW PERIODIC TENANCY.

EXCEPTIONS--->

-ONLY A FEW HOURS

-NOT THE TENANT'S FAULT (ie. severe illness)

-SEASONAL LEASE

Front 71

K that governs landlord-tenant relationship.

Back 71

LEASE: K that governs landlord-tenant relationship.

Front 72

TENANT DUTIES--->

Back 72

TENANT DUTIES--->

(1) DUTY TO REPAIR

(2) DUTY TO NOT USE PREMISES FOR ILLEGAL PURPOSE

(3) DUTY TO PAY RENT

Front 73

DOCTRINE OF WASTE: A tenant cannot _______ (ie. commit waste on) the leased premises.

Back 73

DOCTRINE OF WASTE: A tenant cannot DAMAGE (ie. commit waste on) the leased premises.

Front 74

This results when the tenant intentionally or negligently damages the premises or exploits minerals on property.

Back 74

VOLUNTARY (AFFIRMATIVE) WASTE: This results when the tenant intentionally or negligently damages the premises or exploits minerals on property.

Front 75

Occurs when the tenant fails to take reasonable steps to protect premises from damage from the elements.

Tenant is liable for all ________ repairs, excluding ordinary ________ and ______.

Back 75

PERMISSIVE WASTE: Occurs when tenant fails to take reasonable steps to protect premises from damage from the elements.

Tenant is liable for all ORDINARY repairs, excluding ordinary WEAR and TEAR.

Front 76

This occurs when the tenant alters the leased property, thereby increasing its value.

Back 76

AMELIORATIVE WASTE: This occurs when the tenant alters the leased property, thereby increasing its value.

-Tenant is liable for the cost of restoration. EXCEPTION: A long-term tenant is permitted to make this type of change if it reflects changes in the neighborhood.

Front 77

LANDLORD REMEDIES

Tenant on premises but fails to pay rent---?

Tenant abandons---?

Back 77

LANDLORD REMEDIES

Tenant on premises but fails to pay rent---? EVICT OR SUE FOR RENT

Tenant abandons---? DO NOTHING OR REPOSSESS

Front 78

TRUE OR FALSE?

In general, a landlord has a duty to repair and maintain the premises.

Back 78

FALSE!!!

In general, a landlord has NO DUTY TO REPAIR OR MAINTAIN the premises.

Front 79

FIXTURE: This is a _________ that has been so _________ to land that it has ceased being _________ property and has become part of the realty.

NOTE: A fixture passes w/ ___________ of the land.

Back 79

FIXTURE: This is a CHATTEL that has been so AFFIXED to land that it has ceased being PERSONAL property and has become part of the realty.

NOTE: A fixture passes w/ OWNERSHIP of the land.

Front 80

EASEMENT APPURTENANT

________ the HOLDER in his physical use / enjoyment of another tract of land.

Thus, there must be 2 TRACTS:

(1) DOMINANT tenement (estate benefitted by the easement); and the

(2) SERVIENT tenement (estate subject to the easement right).

Back 80

EASEMENT APPURTENANT

BENEFITS the HOLDER in his physical use / enjoyment of another tract of land.

Thus, there must be 2 TRACTS:

(1) DOMINANT tenement (estate benefitted by the easement); and the

(2) SERVIENT tenement (the estate subject to the easement right).

Front 81

Does an easement appurtenant pass w/ transfer of benefitted land?

Does it have to be mentioned in the conveyance?

Does it pass with servient estate, too?

Back 81

Yes, an easement appurtenant passes w/ transfer of benefitted land.

No, an easement appurtenant need NOT be mentioned in the conveyance of benefitted land.

Yes, the burden of the easement also passes automatically w/ servient estate - UNLESS new owner is a BFP w/ no actual/constructive notice of the easement.

Front 82

EASEMENT IN GROSS

Holder has right to use servient tenement ___________ OF his possession of another tract of land (ie. the easement benefits the holder rather than another parcel).

Back 82

EASEMENT IN GROSS

Holder has right to use servient tenement INDEPENDENT OF his possession of another tract of land (ie. easement benefits holder rather than another parcel).

NOTE: An easement in gross for holder's personal pleasure is NOT transferable!

Front 83

ZONING RESTRICTIONS

Zoning restrictions do _____ affect MARKETABILITY.

However, an ____________ VIOLATION of a zoning ordinance DOES render title unmarketable.

Back 83

ZONING RESTRICTIONS

Zoning restrictions do NOT affect MARKETABILITY.

However, an EXISTING VIOLATION of a zoning ordinance DOES render title unmarketable.

Front 84

A beneficial easement, if ________ or ________ to the buyer, does NOT impair the marketability of title.

Back 84

A beneficial easement, if VISIBLE or KNOWN to the buyer, does NOT impair the marketability of title.

Front 85

TENDER OF PERFORMANCE

The buyer's obligation to pay and the seller's obligation to convey are __________ ___________.

Thus, neither party is in breach until the other tenders performance (even if the closing date passes).

Back 85

TENDER OF PERFORMANCE

The buyer's obligation to pay and the seller's obligation to convey are CONCURRENT CONDITIONS.

Thus, neither party is in breach until the other tenders performance (even if the closing date passes).

Front 86

SELLER'S LIABILITY FOR DEFECTIVE PRODUCTS

Warranty of Fitness / Quality---New ____________ ONLY

Back 86

SELLER'S LIABILITY FOR DEFECTIVE PRODUCTS

Warranty of Fitness / Quality---New Construction ONLY

Front 87

SELLER'S LIABILITIES FOR DEFECTIVE PRODUCTS

Sale of Existing Land and Buildings--Liability for Defects

The seller of existing buildings may be liable to the purchaser for defects on any of several different theories--->

Back 87

(1) MISREPRESENTATION (FRAUD)

(2) ACTIVE CONCEALMENT

(3) FAILURE TO DISCLOSE

Front 88

MISREPRESENTATION (FRAUD)

Seller is liable for _______ about which he KNOWINGLY or __________ made a false statement of fact to the buyer if the buyer _______ on the statement and it ___________ AFFECTED the value of the property.

Back 88

MISREPRESENTATION (FRAUD)

Seller is liable for DEFECTS about which he KNOWINGLY or NEGLIGENTLY made a false statement of fact to the buyer if the buyer RELIED on the statement and it MATERIALLY AFFECTED the value of the property.

Front 89

ACTIVE CONCEALMENT

Seller will be liable for defects, even _________ making ANY ___________, if he took steps to _________ THE DEFECTS.

Back 89

ACTIVE CONCEALMENT

Seller will be liable for defects, even WITHOUT making ANY STATEMENTS, if he took steps to CONCEAL THE DEFECTS.

Front 90

FAILURE TO DISCLOSE

Most states hold a seller liable for failure to disclose defects if:

(1) He _______ or has reason to know of the defect;

(2) The defect is NOT __________, and the seller knows the buyer is unlikely to discover it upon __________ inspection; and

(3) The defect is __________ and would probably cause the buyer to _________ the purchase if _________.

Back 90

FAILURE TO DISCLOSE

Most states hold a seller liable for failure to disclose defects if:

(1) He KNOWS or has reason to know of the defect;

(2) The defect is NOT APPARENT, and the seller knows the buyer is unlikely to discover it upon ORDINARY inspection; and

(3) The defect is SERIOUS and would probably cause the buyer to RECONSIDER the purchase if KNOWN.

Front 91

TRUE OR FALSE?

A general disclaimer in a sales K is NOT sufficient to overcome seller's liability for fraud / concealment / failure to disclose.

Back 91

TRUE!

A general disclaimer in a sales K is NOT sufficient to overcome seller's liability for fraud / concealment / failure to disclose.

HOWEVER, if the disclaimer identifies specific types of defects, it will likely be upheld.

Ex. Seller is not liable for any defects in the roof

Front 92

????RECORDING--NOTICE STATUTES

The subsequent _____ _______ PURCHASER is protected ________ of whether she records at all.

Back 92

RECORDING--NOTICE STATUTES

The subsequent BONA FIDE PURCHASER is protected REGARDLESS of whether she records at all.

Front 93

RECORDING--RACE-NOTICE STATUTES

A subsequent BONA FIDE PURCHASER is protected _______ if she takes w/o __________ AND records _______ the prior grantee.

Back 93

RECORDING--RACE-NOTICE STATUTES

A subsequent BONA FIDE PURCHASER is protected ONLY if she takes w/o NOTICE AND records BEFORE the prior grantee.

Front 94

RECORDING--RACE STATUTES

Under a pure race statute, ______ records ______ wins. Notice is __________.

Back 94

RECORDING--RACE STATUTES

Under a pure race statute, WHOEVER records FIRST wins. Notice is IRRELEVANT.

NOTE: Only TWO states have such statutes.

Front 95

RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof, UNLESS it is recorded.

Back 95

NOTICE STATUTE: No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof, UNLESS it is recorded.

Front 96

???RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance / mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.

Back 96

RACE STATUTE: No conveyance / mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.

Front 97

RECORDING STATUTES---WHICH TYPE IS IT?

No conveyance / mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof whose conveyance is first recorded.

Back 97

RACE-NOTICE STATUTE: No conveyance / mortgage of an interest in land is valid against any subsequent purchaser for value w/o notice thereof whose conveyance is first recorded.

Front 98

To be a BONA FIDE PURCHASER, a person MUST be a:

(1) PURCHASER;

(2) W/O _________(actual/constructive); and

(3) PAY VALUABLE ______________.

Back 98

To be a BONA FIDE PURCHASER, a person MUST be a:

(1) PURCHASER;

(2) W/O NOTICE (actual/constructive); and

(3) PAY VALUABLE CONSIDERATION.

Front 99

This occurs when:

(1) Property is specifically devised / bequeathed in testator's will; and

(2) Testator no longer owns it at the time of death.

Back 99

ADEMPTION:

This occurs when:

(1) Property is specifically devised / bequeathed in testator's will; and

(2) Testator no longer owns it at the time of death.

Front 100

LAPSE: Occurs when the __________ of a gift in a will DIES ______ THE TESTATOR.

If a lapse occurred, the gift was ______ at COMMON LAW.

However, nearly all states now have statutes that prevent lapse by permitting the gift to pass to the predeceasing beneficiary's living _________ under certain circumstances.

Back 100

LAPSE: Occurs when the BENEFICIARY of a gift in a will DIES BEFORE THE TESTATOR.

If a lapse occurred, the gift was VOID at COMMON LAW.

However, nearly all states now have statutes that prevent lapse by permitting the gift to pass to the predeceasing beneficiary's living DESCENDANTS under certain circumstances.

Front 101

This is land invaded by a TANGIBLE physical object.

Back 101

TRESPASS: This is land invaded by a TANGIBLE physical object.

Front 102

This is land invaded by INTANGIBLES such as odor and noise.

Back 102

PRIVATE NUISANCE: This is land invaded by INTANGIBLES such as odor and noise.

Front 103

This is land repeatedly invaded by a trespasser.

Back 103

CONTINUING TRESPASS: This is land repeatedly invaded by a trespasser.

Front 104

RIGHT TO EXCLUDE--REMEDIES OF POSSESSOR

The possessor of real property has the right to _______ others.

His remedies for invasions include actions for:

(1) Action for TRESPASS

(2) Action for PRIVATE NUISANCE

(3) Action for CONTINUING TRESPASS

(4) Action for EJECTMENT or UNLAWFUL DETAINER

Back 104

RIGHT TO EXCLUDE--REMEDIES OF POSSESSOR

The possessor of real property has the right to EXCLUDE others.

His remedies for invasions include actions for:

(1) Action for TRESPASS

(2) Action for PRIVATE NUISANCE

(3) Action for CONTINUING TRESPASS

(4) Action for EJECTMENT or UNLAWFUL DETAINER

Front 105

This is where each owner owns the ________ of his individual unit plus an _________ interest in the EXTERIOR and _________ areas.

Back 105

CONDOMINIUM: This is where each owner owns the INTERIOR of his individual unit plus an UNDIVIDED interest in the EXTERIOR and COMMON areas.

Front 106

ZONING--->

States may enact statutes to reasonably control the use of land to protect:

(1) ______________;

(2) ______________;

(3) ______________; and

(4) _______________ of its citizens.

Back 106

ZONING--->

States may enact statutes to reasonably control the use of land to protect:

(1) HEALTH;

(2) SAFETY;

(3) MORALS; and

(4) WELFARE of its citizens.

Front 107

???A _______ USE PERMIT is one that must be obtained even though the zoning is proper for the intended use.

Back 107

A SPECIAL USE PERMIT is one that must be obtained even though the zoning is proper for the intended use.

Front 108

A ________ is a departure from the restrictions of a zoning ordinance granted by administrative action.

Back 108

A VARIANCE is a departure from the restrictions of a zoning ordinance granted by administrative action.

Front 109

- Promises by grantor in a deed

- In regard to title he is conveying

Back 109

COVENANTS OF TITLE:

- Promises by grantor in a deed

- In regard to title he is conveying

Front 110

COVENANTS OF TITLE - WHAT TYPE?

Breached at time of conveyance, if at all

Back 110

COVENANTS OF TITLE - WHAT TYPE?

PRESENT COVENANTS: Breached at time of conveyance, if at all

Front 111

PRESENT COVENANTS (OF TITLE)

(1) ____________________

(2) ____________________

(3) ____________________

Back 111

PRESENT COVENANTS (OF TITLE)

(1) Covenant of seisin

(2) Covenant of right to convey

(3) Covenant against encumbrances

PNEUMONIC: Six Red Ants Eat

Front 112

COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that he has title to + possession (ie. he is owner)

Back 112

COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF SEISIN: Grantor warrants that he has title to + possession (ie. he is owner)

Front 113

COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that he has right to convey

Back 113

COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF RIGHT TO CONVEY: Grantor warrants that he has right to convey

Front 114

COVENANTS OF TITLE - WHAT TYPE?

Grantor warrants that there are no liens / mortgages / easements / or other interests in 3rd parties EXCEPT those listed in deed

Back 114

COVENANTS OF TITLE - WHAT TYPE?

COVENANT AGAINST ENCUMBRANCES: Grantor warrants that there are no liens / mortgages / easements / or other interests in 3rd parties EXCEPT those listed in deed

Front 115

COVENANTS OF TITLE - WHAT TYPE?

- Grantor warrants that grantee + his successors will not be disturbed in their possession of property

- By grantor or someone w/ claim of title superior to his own

Back 115

COVENANT OF QUIET ENJOYMENT:

- Grantor warrants that grantee + his successors will not be disturbed in their possession of property

- By grantor or someone w/ claim of title superior to his own

Front 116

COVENANTS OF TITLE - WHAT TYPE?

Grantor guarantees that his title is good and that he will assist in defending that title against claims by 3rd parties

Back 116

COVENANTS OF TITLE - WHAT TYPE?

COVENANT OF WARRANTY: Grantor guarantees that his title is good and that he will assist in defending that title against claims by 3rd parties

Front 117

COVENANTS OF TITLE - WHAT TYPE?

Grantor promises that he will perfect any defects in title

Back 117

COVENANTS OF TITLE - WHAT TYPE?

COVENANT FOR FURTHER ASSURANCES: Grantor promises that he will perfect any defects in title

Front 118

FUTURE COVENANTS (OF TITLE)

(1) ______________________

(2) ______________________

(3) ______________________

Back 118

FUTURE COVENANTS (OF TITLE)

(1) Covenant of quiet enjoyment

(2) Covenant of warranty

(3) Covenant for further assurances

Front 119

- Contains no covenants of title

- Conveys to grantee whatever grantor has

- Makes no representations / promises as to grantor's title

Back 119

QUITCLAIM DEED:

- Contains no covenants of title

- Conveys to grantee whatever grantor has

- Makes no representations / promises as to grantor's title

Front 120

- Contains all present + future covenants of title (except covenant for further assurances)

- Makes grantor liable for defects attributable to BOTH himself + his predecessors

Back 120

GENERAL WARRANTY DEED:

- Contains all present + future covenants of title (except covenant for further assurances)

- Makes grantor liable for defects attributable to BOTH himself + his predecessors

Front 121

- Contains all present + future covenants (except covenant for further assurances)

- However, grantor is only liable for defects or encumbrances incurred during his ownership

- Grantor not liable for any defects attributable to his predecessors

Back 121

SPECIAL WARRANTY DEED:

- Contains all present + future covenants (except covenant for further assurances)

- However, grantor is only liable for defects or encumbrances incurred during his ownership

- Grantor not liable for any defects attributable to his predecessors

Front 122

Places risk of loss on buyer once a K for real estate is signed

Back 122

EQUITABLE CONVERSION: Places risk of loss on buyer once a K for real estate is signed

o Makes buyer the equitable owner between signing + conveyance

Front 123

Adjudicates right of possession only

Back 123

UNLAWFUL DETAINER: Adjudicates right of possession only

o Law side - GDC / Circuit Court

Front 124

Action to separate ownership interests

Back 124

PARTITION: Action to separate ownership interests

o Equity side - Circuit Court / where land is located

Front 125

Used to adjudicate title only

Back 125

BILL TO QUIET TITLE: Used to adjudicate title only

o NOTE: P need not be in possession

Front 126

Action to try title + to obtain possession of land + for damages

Back 126

EJECTMENT: Action to try title + to obtain possession of land + for damages

o Law side

o NOTE: P must be out of posession

Front 127

Places risk of loss on buyer once a K for real estate is signed

Back 127

EQUITABLE CONVERSION: Places risk of loss on buyer once a K for real estate is signed

o Makes buyer the equitable owner between signing + conveyance

Front 128

Adjudicates right of possession only

Back 128

UNLAWFUL DETAINER: Adjudicates right of possession only

o Law side - GDC / Circuit Court

Front 129

Action to separate ownership interests

Back 129

PARTITION: Action to separate ownership interests

o Equity side - Circuit Court / where land is located

Front 130

Used to adjudicate title only

Back 130

BILL TO QUIET TITLE: Used to adjudicate title only

o NOTE: P need not be in possession

Front 131

Action to try title + to obtain possession of land + for damages

Back 131

EJECTMENT: Action to try title + to obtain possession of land + for damages

o Law side

o NOTE: P must be out of posession

Front 132

False representation + detrimental reliance + damages

Back 132

FRAUD: False representation + detrimental reliance + damages

o NOTE: Punitive damages are available (must prove intentional fraud)

Front 133

Possession of a document purporting to convey title

Back 133

COLOR OF TITLE: Possession of a document purporting to convey title

Front 134

_______ POSSESSION: The kind of use the true owner would make of a parcel of land.

Back 134

ACTUAL POSSESSION: The kind of use the true owner would make of a parcel of land.

Front 135

Covenants for title: Protect the _______ from competing claims for title to property.

NOTE: They do NOT protect against defects on the property.

Back 135

Covenants for title: Protect the PURCHASER from competing claims for title to property.

NOTE: They do NOT protect against defects on the property.

Front 136

What type of tenancy?

Each tenant has the right to possess all portions of the property, but no right to exclusive possession of any part.

Back 136

TENANCY IN COMMON: Each tenant has the right to possess all portions of the property, but no right to exclusive possession of any part.

Front 137

OUSTER

If one co-tenant wrongfully ousts another co-tenant from possession of the whole or any part of the premises, what is the ousted co-tenant entitled to receive?

Back 137

If one co-tenant wrongfully ousts another co-tenant from possession of the whole or any part of the premises, the ousted co-tenant is entitled to receive HIS SHARE OF THE FAIR RENTAL VALUE OF THE PROPERTY for the time he was wrongfully deprived of possession.

Front 138

Any interest in land that decreases its value.

Back 138

ENCUMBRANCE: Any interest in land that decreases its value.

Front 139

TRUE/FALSE:

The holder of an easement has a right, even a duty, to make repairs.

Back 139

TRUE!

The holder of an easement has a right, even a duty, to make repairs.