D. Title

Question 1

What are the types of concurrent estates?*

Answer 1

Tenancy in Common (presumed)

• 2 or more persons
• Equal interests (presumed)
• NOT equal interests (one party contributed more than other)
• NO right of survivorship

Joint Tenancy (NOT presumed)

• Persons NOT legally married (yet described as husband and wife)
• Different time + title
• Deed: Grantee may also be Grantor
• Right of survivorship

Tenancy by Entirety

• Persons legally married
• Mortgagee/Grantee/Foreclosure purchaser takes subject to survivorship right of other party
• Termination by divorce: BOTH spouses’ consent required => Grantee/Foreclosure purchaser becomes tenant in common

Question 2

What is the statutory period for termination of presumption of occupancy by co-tenant?

Answer 2

10 years
Exclusive occupancy by other co-tenant

Co-Tenant can acquire title through by adverse possession after 20 years (10 years + 10 years)

Question 3

What constitutes adverse claims?*

Answer 3

Claims vested before 7 July 2008

Claims vested on/after 7 July 2008

• Reasonable belief that property belongs to Claimant
• UNLESS ownership can NOT be ascertained from the records
• UNLESS de-minimis, non-structural encroachments (fences/hedges/shrubbery/plantings/sheds/non-structural walls), acts of lawn mowing, similar maintenance across boundary line of adjoining owner

Question 4

What is the rule under the Recording Act?*

Answer 4

Conveyance/Mortgage*

2nd purchaser wins vs 1st purchaser if;

1) 2nd purchaser records first
2) For value
3) NO knowledge of prior unrecorded instruments

If Judgments exist => Unrecorded mortgage still wins vs judgments

Question 5

What is required for enforcing Restrictive Covenants?

Answer 5

1) Actual/Constructive notice
- By recorded deed
- ONLY in direct chain of title of that burdened property (NOT another property/adjoining property in same tract)

2) To Owner of burdened property

Question 6

What are the implied covenants in Marketable Title at closing?*

Answer 6

Free + clear of defects in chain of title

• Adverse possession
• Easements
• Encumbrances
• Liens
• Mortgages
• Restrictive covenants
• Violations

Free of qs of prior transfers + defectively executed deeds

UNLESS easement is;

• Beneficial
• Visible
• Known to Buyer

Question 7

What is required for Easement by Prescription?*

Answer 7

1) Continuing
- 10 years possession (statutory)

2) Open + Notorious
3) Actual (exclusive)
4) Hostile