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27 Cards in this Set

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  • Back
when a mortgagee under a deed absolute mortgage transfers to a BFP, does the mortgagor have any rights against the BFP or the mortgagee?
when the mortgagee under a deed absolute mortgage transfers to a BFP, the mortgagor has no rights against the BFP, but he does have an action for redemption against the mortgagee for the value of the land, or, at his election, the proceeds of the sale
What is Shelly's Rule?
if a life estate is conveyed to A and in the same instrument a remainder is given to A's heirs, then A will take a remainder in FS. In other words, A's life estate merges with the remainder to his heirs this giving a FSA
What is the doctrine of worthier title?
"O conveys blackacre to J for life, remainder to O's heirs."

doctrine of worthier title is contrued today as a contruction whereby the grantor presumes not to create a remainder in his heirs, but rather intends to keep a reversion in himself
at C/L, does a tenant remain liable to pay rent even though the building has been rendered totally uninhabitale due to fire, floods, storms, or other elements?
Yes, still has to pay rent
under the doctrine of equitable conversion who is the risk of loss from casualty and other fortuituous events placed on?
placed on the purchaser(vendee) unless the result would not be equitable (as in the case of a superceding cause, e.g., city coucil rezones the lot)
state the rule of a "pure" notice type of statute
the BFP prevails over the prior interest whether the subsequent purchaser records or not
do recording statutes protect a subsequent claimant who has not paid more then a nominal consideration?
No, b/c he is not a purchaser

to be a BFP, must (1) be subsequent, (2)pay value, (3), be without notice, and (3) good faith
What is the Doctrine of Estoppel By Deed (or "after acquired title")?
when a person executes a deed purporting to convey an estate in land which he does not have or which is larger then he has, and such person at a later date acquires such estate in such land, then the subsequently acquired estate will, by estoppel, pass to the grantee
what does a springing executory interest do?
divests the estate of the transferor

ex. Homer's FS will be cut short if and when Bart receives his degree before age 30)
when a transfer of lan is preceded by a K for sale, who has the risk of loss due to fire or other causualty?
the buyer who must still pay the K price at the closing date, unless the K provides otherwise)
what type of covenants are the covenant of seisin, the covenant of right to convey, and covenant against encumbrances, and when are they breached?
they are present covenants and are breached at the time of conveyance
what kind of covenants are the covenant for quiet enjoyment and the covenant of warranty and when are they breached?
they are future covenants and are breached only upon interference with the possession of the grantee or his successors
what is the shelter rule?
a person who takes from a BFP will prevail against any interest that the transferor-BFP would have prevailed against, even if the person taking the property has actual or record notice of the prior interest
if neither adverse party satisfies the recording statute of a particular jurisdiction, who wins?
grantee who was first in time
when a landowner enters into a modification agreement with the senior mortgagee that makes the mortgage more burdensome, will the Junior mortgage be given priority over the senior mortgage?

need notice of junior interest????
does a covenant to pay (fire) insurance run with the land?
Yes, but only if the landlord uses the proceeds for repair or replacement
does an assignment release the tenant fron his K obligations to the landlord under the terms of the original leasehold agreement?
No, a lease is a K as well as a conveyance
who may the power of eminent domain be delegated to?
may be delegated directly or indirectly to a private person or enterprise subject to the requirements that the taking be for a public use and just compensation be given
when there is a partial taking of a leasehold estate by condemnation, does the tenant have an action against the landlord for rent to be abated pro tanto?
the majority rule is that rentals are not abated in this situation, but rather the tenant is obligated to continue to pay the rent and must look to an apportionment of the damages against the condeming authority
what types of privity exist in a sublease?
privity of estate and privity of K exist between the original landlord and tenant

privity of estate and privity of K exist between the tenant and subtenant

however, neither privity of K nor privity of estate exists between the original landlord and subtenant. therefore, the landlord cannot sue the subtenant
what is a profit-a-pendre?
is similar to an easement in that it is a non-possessory interest. the holder of the proft is entitled to enter upon the servient tenement and take the substance of the land (e.g., minerals, trees, oil, or game) subject to the privilege. may be appurtenant or in gross
what jurisdiction are partition proceedings under?
a court of equity
when does an easement by prescription arise?
if the existence of the easement is reasonably necessary for the beneficial use of the land
does a lodging contract (staying in a hotel)constitute a landlord-tenant relationship
Unless the facts refer to a "lease" or the payments as "rent," the relationship is only that of licensor and licensee
when land has been mortgaged and thereafter a chattel is attached to the land and becomes a fixture, who has a better claim in the fixture, the mortgagee or mortgagor?
The mortgagee
what does a shifting executory interest do?
divests the preceding estate upon the happening or non-happening of a stated event
will a zoning ordinance invalidate an equitable servitude?