Real Property Law Mbe

Front 1

if an easement is recorded, the subsequent holders of the burdened estate have __ notice.

Back 1

RECORD (constructive)

note: recording of an easement appurtenant is not required for it to pass to subsequent purchasers of the benefited estate.

Front 2

John has a week-to-week tenancy. How much notice must he give in order to end the tenancy?

Back 2

7 days notice

Front 3

upon the signing of a land sale agreement (contract for sale of land) the risk of loss shift to the __ under the doctrine of equitable conversion.

Back 3

buyer

Front 4

"to my brother, and on my brother's death, to my daughter."

-brother has a:
-daughter has a:

Back 4

brother has a life estate;
daughter has a vested remainder in FS

Front 5

whenever grantor gives a FS Determinable, grantor keeps a:

Back 5

possibility of reverter

Front 6

conveyance language like (so long as; while; during; until) evidences a Fee Simple __.

Back 6

determinable

Front 7

when grantor gives a FS on condition subsequent, and expressly reserves the power of termination, grantor keeps a:

Back 7

right of entry (power of termination)

Front 8

"O to A and her heirs; provided, however, that if liquor is ever consumed on the premises then O shall have the right to reenter and retake the premises."

O has:
A has:

Back 8

-O has a right of entry

-A has a FS on a condition subsequent

Front 9

"to Yale University for the purpose of building a gymnasium." if Yale does not build a gym, what happens?

Back 9

Nothing.

The phrase "for the purpose of" has no effect on title.

Front 10

vested remainder subject to an executory interest is sometimes called a vested remainder subject to __ __, or a vested remainder subject to an __ __.

Back 10

total divestment; executory limitation

Front 11

holder of an executory interest [can] or [cannot] sue life tenant for waste.

Back 11

cannot

Front 12

if an executory interest operates by taking title to one grantee and giving it to another, it is called a __ executory interest.

Back 12

shifting

Front 13

if an executory interest operates by taking title from the grantor and giving it to a grantee, it is called a __ executory interest.

Back 13

springing

Front 14

RAP is never violated if the gift over is from one __ to another __.

Back 14

charity; charity

*both grantees must be charities

* this is the charity to charity exception to RAP

Front 15

TTIP

-Creation of a joint tenancy requires the "four unities" of __, __, __, and __.

Back 15

Time; Title; Interest; Possession

Front 16

where the granting language doesn't clearly create a joint tenancy, courts construe the interest as what?

Back 16

tenancy in common

*to create a JT must use right of survivorship language.

Front 17

what are the two ways to destroy a joint tenancy?

Back 17

PARTITION - a voluntary destruction

SEVERANCE - an involuntary destruction, occurs whenever one of the four (TTIP) unities is disturbed.

Front 18

The four ways to "sever" a joint tenancy on the MBE:

Back 18

(i) unilateral CONVEYANCE
(ii) a MORTGAGE in a title theory state [mnrty rule]
(iii) a CONTRACT FOR SALE
(iv) CREDITOR sale

Front 19

hypo: Jeff transferred the farm to Tanya for a period from June 1, 2008 to June 5, 2008.

Tonya's estate is a:

Back 19

tenancy for years

*any estate measured by a specified period of time, no matter how short is a tenancy for years.

Front 20

if the lease is silent as to how long it lasts, then it is presumed to be a periodic tenancy measured by the __ payment.

Back 20

rent

Front 21

where a lease violates the statute of frauds, for example an oral lease for 5 years with rent payable once a year, will be construed to be a periodic tenancy by __ of __.

Back 21

operation of law.

-here it will be a year-to-year

Front 22

how much notice must be given to terminate a periodic tenancy for year-to-year?

Back 22

6 months notice

Front 23

in a Tenancy at Will, either party can terminate at any time, without notice.
The five other ways to terminate a tenancy at will are:
(i) __ of either party;
(ii) __ by the tenant;
(iii) __ by the tenant;
(iv) __ of title by the landlord;
(v) __ by landlord to someone else.

Back 23

death;
waste;
assignment;
transfer;
lease

Front 24

Equitable Servitudes in Subdivisions

Back 24

Mutual rights of enforcement or reciprocal negative servitudes
1) intent to create a servitude -this is found in the common building plan
2) notice: actual, record, inquiry: inquiry -meaning that you are held to know anything that a reasonable inquiry would have revealed

Front 25

Defenses for enforcement of equitable servitudes

Back 25

•Unclean hands

•Acquiescence (passive consent)

•Laches (unreas delay to sue)

•Estoppel

Front 26

Seller of land must give buyer three things:
(i) proof of __;
(ii) title free of __;
(iii) valid legal title on day of __.

Back 26

title; encumbrances; closing

• proof of title (title abstract);
• free of encumbrances not mentioned in the K;
• valid legal title on closing day

Front 27

hypo: On the day before closing buyer finds out that seller does not have legal title to the property under contract? Can buyer rescind?

Back 27

NO,

-Seller need only pass valid legal title to buyer on day of closing.

Front 28

Before closing Buyer discovers that Seller's title is unmarketable.
•first buyer must notify seller and give seller reasonable time to __ the defect, even if it postpones closing.

Back 28

cure

Front 29

Before closing Buyer discovers that Seller's title is unmarketable.
•if after seller is notified and given opportunity to cure title and the problem is not corrected, what remedies are available to the buyer?

Back 29

-RECISSION (walk away)

-DAMAGES (breach of K)

-SPECIFIC PERFORMANCE (take what seller can give, $ reduce cover defect)

Front 30

the fact that there is a recorded encumbrance on real property does necessarily mean that the buyer can avoid a real property contract. In a contract for sale of real property, the seller is entitled to use the proceeds of the sale to clear title IF she can ensure that the purchaser will be protected.

ex: seller offers to escrow the funds. Or gives the buyer title insurance.

Back 30

In a land sale contract, the seller is entitled to use the proceeds of the sale to clear title if:

-she can ensure that the purchaser will be protected.

Front 31

Covenant of Seisin is often mentioned interchangeably with the covenant of the right to __.

Back 31

convey

Front 32

Covenant of seisin, Covenant of the right to convey, and covenant against encumbrances are what type of covenants?

Back 32

PRESENT covenants.

present covenants are:
•personal to the grantee,
•don't run with the land,
•grantee can sue immediately

Front 33

the important fact under a "notice" statute is the BFP had no actual or constructive notice at the time of __.

Back 33

CONVEYANCE (or mortgage)

Front 34

LATENT Defect:

-if at the time the lease is entered into, landlord knows of a dangerous condition that tenant could NOT discover by reasonable inspection, landlord has a duty to __ dangerous condition. Failure to do so, landlord is liable for any injury resulting from the dangerous condition.

Back 34

DISCLOSE

-landlord does NOT have to repair, but only "disclose"

Front 35

to be valid a deed must be __, which means that the grantor must have taken some action (no necessarily manually handing over the deed) with INTENT that it operate to PASS title IMMEDIATELY.

Back 35

delivered

Front 36

when an easement is conveyed to the owner of the servient (burdened) tenement the easement is __.

Back 36

extinguished

Front 37

__ is the increase of riparian land by the slow and imperceptible change in the course of a river serving as a boundary; any resulting deposit of soil belongs to the owner of the abutting (riparian) land.

Back 37

ACCRETION

Front 38

__ is the "sudden and perceptible" loss or addition to land by the change in course of a river; does NOT change property rights.

Back 38

AVULSION

Front 39

while the general rule is that the sale of real property carries no implied warranties of quality and fitness, a seller may be liable where she has actually __ conditions on the property that buyer would not discover by reasonable inspection.

Back 39

CONCEALED

Front 40

the implied warranty of fitness or quality applies only to the sale of a new house by the __.

Back 40

builder-seller

*implied warranty that the new house is designed and constructed in a reasonable "workmanlike" manner and suitable for habitation.

Front 41

the mere existence of the driveway across landowner's property to the neighbor's property puts any purchaser on __ notice of an easement.

Back 41

inquiry

Front 42

while an oral release of an easement is ineffective for failing to comply w/ the SOF, an oral release of an easement may become effective by "estoppel."
For an easement to be extinguished by estoppel, there must be (i) some conduct or assertion by the easement holder, (ii) a reasonable __ by the owner of the servient tenement, coupled w/ (iii) a change of __.

Back 42

reliance; position

Front 43

a __ deed transfer whatever right, title, or interest in the property the grantor has.

Back 43

quitclaim

Front 44

if a grantor executes a deed, but __ to deliver it during his lifetime, no conveyance of title has occurred.

Back 44

fails

Front 45

to make an effective delivery of a deed, grantor must relinquish __ of the land.

Back 45

control

*if O remains in control of the land, delivery is NOT effective to pass title.

Front 46

where a tenant fails to remove annexed chattels before the termination of the tenancy, the chattel becomes the property of the __.

Back 46

landlord

Front 47

the benefit of an equitable servitude runs to successors if: (i) the original parties so __, and (ii) the servitude __ and __ the land.

Back 47

intended; touches and concerns

Front 48

the burden of an equitable servitude runs to successors if: (i) the original parties so intended, and (ii) the servitude touches and concerns the land, and (iii) the subsequent purchaser has __ or __ notice of the covenant.

Back 48

actual or constructive

Front 49

the holder of an easement __ has a right to use the servient tenement independent of her ownership or possession of another tract of land.

Back 49

in-gross

Front 50

What riparian rights theory is this?

- landowner cannot alter the rate or manner of natural flow of surface waters (e.g., rainfall, melting snow) where such actions would injure others above or below him.

Back 50

Natural Flow theory

Front 51

an inter vivos conveyance by one joint tenant of his undivided interest severs the joint tenancy, so that the transferee takes the interest as a ______ and not as a joint tenant.

Back 51

tenant in common

Front 52

All of the following liens need to be recorded to be valid EXCEPT:
A) Mortgage lien
B) Real estate tax lien
C) Judgment lien
D) Mechanic's lien

Back 52

(B)

Real Estate Tax Liens do NOT have to be recorded to be valid.

Front 53

The following are NOT acceptable evidence of "Marketable" tile:

•deed of trust;
•warranty deed;
•certificate of title by a real estate broker

Back 53

The following ARE acceptable evidence of "Marketable" tile:

•an abstract of title w/ a legal opinion
•title commitment or title insurance policy
•certificate of title by a real estate attorney
•a Torrens certificate

Front 54

What is a Torrens system?

Back 54

Means of land title registration used in some states that in effect, provides a government sponsored form of title insurance.
Under this system, a government official, such as county recorder or county clerk, maintains Torrens System deed records and guarantees clear title when property is transferred.

Front 55

the type of title insurance that protects the owner and heirs is called a:

Back 55

owner's policy

Front 56

if a "lis pendens" is recorded in the property records, it means?

Back 56

it means there is a pending lawsuit against the property.

*if the party that recorded the lis pendens is only seeking damages for a contract dispute and not an interest in the real property it does NOT affect title.

Thus a lis pendedns:
-for money damages only = marketable title
-claiming an interest in the property = Unmarketable title

Front 57

the benefit of an easement appurtenant passes w/ the benefited land, regardless of whether the easement is mentioned in the conveyance.
-All who posses or subsequently succeed to tile to the dominant tenement are entitle to the benefit of the easement.

Back 57

the lack of recording of an easement appurtenant is only relevant to subsequent purchasers of the servient estate.

*Thus if the original grantor of an appurtenant easement cannot prevent a subsequent purchaser of the dominant parcel from using the easement merely because the previous owner of the dominant estate did not record it.

Front 58

what is wrong w/ this hypo?

•if the grantor sues the grantee to have him enjoined from operating a business in violation of the HOA agreement, grantee would win b/c there is no privity b/w him and the grantee.

Back 58

privity is NOT required in equity.

*seeking an injunction doesn't require privity to enforce an equitable servitude.

Front 59

what is wrong w/ this hypo?

•HOA sues purchaser to collect unpaid fees, the HOA will win because the covenant is enforceable in equity against purchaser.

Back 59

- NO money damages when seeking to enforce an equitable servitude.

-when seeking equitable relief it is an equitable servitude NOT a covenant

Front 60

seller gave buyer a deed conveying "the western half of the parcel from the western boundary to the grove of apple trees, comprising 220 acres." It was subsequently determined that the parcel was in fact 229 acres.

Q: is the deed valid and if so what does buyer have?

Back 60

deed is valid and buyer owns 229 acres.

*where there is a mistake or inconsistency in the property description, the physical description takes precedence over a quantity description.

Front 61

which covenant is breached by eviction of a tenant by a landlord or hold-over tenant that excludes the tenant from the entire leased premises?

Back 61

covenant of Quiet Enjoyment


*actual eviction terminates tenant's duty to pay rent and may entitle tenant to damages if he had to make alternative arraignments.

Front 62

What type of recording act is this?

"any conveyance of an estate in land, other than a lease for less than a year, shall not be valid against a subsequent purchaser whose conveyance is first recorded."

Back 62

Pure Race

*notice is irrelevant

Front 63

What type of recording act is this?

"no conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice whose conveyance is first recorded"

Back 63

Race Notice

Front 64

What type of recording act is this?

"no conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice, unless the conveyance is recorded"

Back 64

Notice

Front 65

will unreasonable excessive use of an easement extinguish an easement?

Back 65

NO.

-the remedy is sue for an injunction or "order to conform" the use to the proper scope.

Front 66

Owner takes out a mortgage with bank. A week later Owner sales the property to buyer who has no knowledge of the mortgage. Bank thereafter records its mortgage. A few days later buyer records his deed.

Q: under what recording acts will buyer prevail over the bank?

Back 66

Notice act.
-under a notice act, a subsequent BFP w/ no actual or constructive notice prevails over a prior grantee or mortgagee who has not recorded at the TIME of the conveyance to the subsequent purchaser.

*buyer will lose in a pure-race or race-notice jurisdiction.
-in a pure-race or race-notice jurisdiction bank will prevail b/c it recorded first

Front 67

the lease gives lessee, his heirs and assigns an option to purchase. Does the option to purchase violate RAP?

Back 67

NO, this is an exception.

-RAP does NOT apply to options to purchase attached to leaseholds, b/c the holder of the option is whoever the lessee is.

Front 68

Does a valid option purchase make title unmarketable?

Back 68

Yes.

Front 69

Execution of a lease by a joint tenant does NOT severe a joint tenancy.

Back 69

Severance of a JT only by:
-signing a contract for sale (equitable conversion).
-creditor sale of the JT's interest;
-unilateral conveyance
-title theory mortgage