- Affirmative - Negative (only expressly)

Property Flashcards by Braden King

Concurrent Estate Types

Joint Tenancy

Tenancy in Common

Tenancy by Entirety

How well did you know this?

Not at all

Perfectly

Joint Tenancy Unities

T - at same TIME
T - by same TITLE
I - Identical equal Interests
P - right to POSS whole

How well did you know this?

Not at all

Perfectly

Landlord-Tenant - Types

Tenancy for Years - known, fixed period

Periodic Tenancy - successive intervals until term’d

Tenancy at Will

Tenancy at Sufferance - Holdover

How well did you know this?

Not at all

Perfectly

Landlord-Tenant - Tenant Duties

REPAIR
- Maintain premises
- Routine repairs
- NOT ordinary wear and tear repairs

WASTE - No

RENT

How well did you know this?

Not at all

Perfectly

Landlord-Tenant - Constructive Eviction, Tenant’s Options

~ ~ ~ LL renders premises Unsuitable for Occupancy

SI - Subst Interference (chronic or permanent problem)

N - Notice to LL

G - Goodbye / get out

How well did you know this?

Not at all

Perfectly

Landlord-Tenant - Breach of Habitability, Tenant’s Options

~ ~ ~ must be Fit for Basic Human Habitation (residential)

M - Move
R - Repair and Deduct
R - Reduce or Withhold rent
R - Remain and Seek dmgs

How well did you know this?

Not at all

Perfectly

Easements - Types

Affirmative
Negative (only expressly)

How well did you know this?

Not at all

Perfectly

Easements - “In Gross”

~ ~ ~ Holder has Personal or commercial adv NOT re Use or Enjoyment

Runs - NO

How well did you know this?

Not at all

Perfectly

Easements - “Appurtenant”

~ ~ ~ Benefits holder in Use of Enjoyment of Own land

Runs - YES

How well did you know this?

Not at all

Perfectly

Easements - Ways to Create Affirmative Easement

Prescription

Implication

Necessity

Grant

How well did you know this?

Not at all

Perfectly

Easements - Prescription (elements)

(1) Open and Notorious
(2) Continuous
(3) Actual
(4) Hostile

Duration - 20y

How well did you know this?

Not at all

Perfectly

Easements - Necessity creation

~ ~ ~ ONLY after Tract Divided (i.e., needs to have started as single)

Where owner seeking easement would be landlocked without it

How well did you know this?

Not at all

Perfectly

Easements - Termination

Estoppel
Necessity
Destruction (invol, like fire)
Condemnation
Release
Abandonment
Merger

How well did you know this?

Not at all

Perfectly

Easements - Equitable Easement

~ ~ ~ when Attempted creation and then Change of Position in reasonable Reliance by Holder of Dominate estate

~ ~ ~ Express easement, NOT in Wrtg and Reliance thereon

How well did you know this?

Not at all

Perfectly

Covenants - Run w/ Land Requirements

(1) Writing
(2) Intent, to run
(3) Touch and Concern
(4) Horizontal and Vertical privity
(5) Notice (NOT inquiry)

How well did you know this?

Not at all

Perfectly

Covenants - Equitable Servitude

~ ~ ~ Promise that Equity will Enforce against Successors of Burdened Land

(1) Writing
(2) Intent
(3) Touch and concern
(4) Notice
(5) Equitable Servitude

How well did you know this?

Not at all

Perfectly

Covenants - Common Scheme Doctrine

Study These Flashcards

(1) Scheme of Devo when Sales began
(2) DEF had NOTICE of promise when they took

Covenants - Reciprocal Negative Servitudes

Study These Flashcards

~ ~ ~ land subdivided, some deeds have Neg Cov while others do not, but intent was for it to apply to common scheme

Way to prove common scheme doctrine

Adverse Possession - Elements

Study These Flashcards

(1) Continuous
(2) Open and Notorious
(3) Actual and Exclusive
(4) Hostile

Duration - 15y
Church - 25y

Adverse Possession - Occupying Part of Whole

Study These Flashcards

Actual possession of PART is enough to AP whole, IF . . .

(1) Reasonable portion used v. whole
(2) Color of title to WHOLE
(3) Use of Part must give Notice as to Whole

Adverse Possession - Disabilities that Toll Running

Study These Flashcards

Insanity
Infancy
Imprisonment

BUT . . . cannot extend past 25y

Adverse Possession - Future Holders

Study These Flashcards

SofL does NOT run against Futures until Interest becomes Possessory

Conveyance - 2-Steps

Study These Flashcards

(1) Contract - equitable title
(2) Closing - legal title

Conveyance - Statute of Frauds (elements)

Study These Flashcards

(1) Writing
(2) Signed by party (DEF)
(3) ID parties
(4) Describe prop
(5) Consideration

Conveyance - Statute of Frauds - EXCEPTION

PART performance of Oral K, where . . . (1) K is Certain and Clear (2) Acts prove Existence of K - buyer took Poss - paid purchase price or Sig portion - made subst improvements

Conveyance - Equitable Conversion

~ ~ ~ Contract gives Buyer equitable title to Prop, thus bearing Risk of Loss b/t K and Close UNLESS . . . Seller expressly assumes in K

Marketable Title - Remedies After Breach

(1) Notice and Time to cure (2) Rescission IF . . . NO cure (3) LAND SALE - Notice, Time to cure and maybe extend closing Sue AFTER Close - NO

Deeds - Requirements

(1) Writing signed by Grantor (2) Unambiguous description (3) ID parties (4) Words of intent

Deeds - Delivery Requirement

~ ~ ~ Present intent of grantor to be Bound Recording by B - Assumes acceptance Recording Requirement - NONE Effect of Delivery - unless objection/rejection, Effective on Delivery

Deeds - Merging of K and Deed

~ ~ ~ Closing MERGES the K w/ Deed, and thus S NOT liable for implied coverage of Mkt and other promises in K

Deeds - Merger and Collateral Provisions

~ ~ ~ NOT merged where . . . (1) Collateral to passing title (2) NOT covered by Deed

Marketable Title - General Warranty

~ ~ ~ warrants against ALL Defects, including attributable to Predecessors ("English Covenants") - Right to Convey - Against Encumbrances - Quiet Enjoyment - Further Assurances

Recording - VA Standard Used

RACE-NOTICE ~ ~ ~ must take w/o notice of previous and record before

Recording - BFPV (elements)

(1) Purchaser (2) Valuable consideration (3) Take w/o Notice of prior conveyance

Recording - Shelter Rule

~ ~ ~ anyone who takes form BFP will Prevail against ANY interest that BFP would have

Mortgages - Debt Liability, Assumption

~ ~ ~ both the Buyer and Mortgagor are subject to debt liability

Mortgages - Debt Liability, Subject To

~ ~ ~ ONLY mortgagor liable for debt, BUT . . . land can be Foreclosed on if Recorded

Foreclosure - Equitable Redemption

~ ~ ~ Debtor can Redeem land PRIOR to foreclosure sale by paying Clogging - debtor canNOT Waive right to redemption in Mortgage itself

Foreclosure - Statutory Redemption

NOT in VA

Futures - Common Law Doctrines

ABOLISHED in VA

Statute of Frauds - Suretyship Promise

~ ~ ~ Promise to become SECONDARILY liable for Debt of Another YES, applies

Statute of Frauds - Assuming Mortgage

~ ~ ~ promise to be PRIMARILY liable for Debt NO, not need Signature of party to be charged

Property Flashcards

(42 cards)