property

Question 1

what does a quitclaim dead convey

Answer 1

quitclaim deed, the seller does not make any warranties and instead simply conveys whatever interest he has.

Question 2

how long does a mortgage on a life estate last

Answer 2

Although a mortgage taken out by a life tenant is valid, the mortgage will last only for the duration of the life estate. Therefore, this answer is correct.

Question 3

what is this conveyance “A landowner conveyed his property “to A, her heirs and assigns, so long as it is used by the people to gather for purposes of public assembly and debate, then to B and his heirs.””

Answer 3

Here’s what that means:
* A has a fee simple determinable.
* B has a shifting executory interest (because the property shifts from A to B when the condition happens).

However: executory interests ARE subject to the Rule Against Perpetuities (RAP).
- the condition (“used as a farm”) could occur hundreds of years from now.
That means B’s interest might vest too remotely, so RAP kills it.
When RAP kills B’s interest, we pretend the gift to B was never written.
What’s left?
* A still has a fee simple determinable.
* The future interest goes back to the grantor as a possibility of reverter (which is not subject to RAP).

A fee simple determinable is a fee simple estate that automatically ends when a stated condition occurs

Question 4

fee simple, or fee simple absolute

Answer 4

to A and his heirs

Question 5

showing up late for a closing

Answer 5

Generally, a party’s failure to perform a contractual obligation by the time specified in the contract is considered only a non-material breach of the agreement. In the event of a non-material breach, the aggrieved party may recover damages caused by the breach, but the aggrieved party is not excused from performing, nor may he properly regard the contract as terminated.

Question 6

sub-surface drilling rights and who is responsible for damage

this is question 19 on the first exam: look at the facts how it notes the new house was built second, it leads you to know there may be a different issue

Answer 6

the right of support extends to land in its natural state and buildings existing on the date when the subjacent estate is severed from the surface.

The underground landowner is liable for damages to subsequently erected buildings** only if he is negligent**.
An underground occupant is liable for negligently damaging springs and wells, but an adjoining landowner is not liable for interfering with underground percolating water.

Thus, in this case, the developer owed a duty to support the surface. However, the developer will not be liable for any of the resulting damage, because he was not negligent in causing the damage to either the house or the well.
Note that the developer might have still been liable,** even without negligence, for damage to the homeowner’s old house, because that building existed when the subjacent estate was severed from the surface**.
In contrast, the developer will not be strictly liable for damage to the homeowner’s new house, because that house was built after the subjacent estate was severed from the surface.

Question 7

Holdover tenant

Answer 7

the woman became a tenant at sufferance. In this situation landlord may recover possession as well as damages. Recovery is for the market value of the rent for the relevant time period. This may be greater than the rent payable during the original term.

Question 8

Advers possession

Answer 8

In order for a person to gain title to property by adverse possession, he must show that his possession of the property was: (1) open, visible, and notorious; (2) actual; (3) exclusive; (4) hostile and under a claim of title or right; and (5) continuous for the statutory period. In some cases, a possessor of property may be able to satisfy the requirement of continuous possession even if he has not been on the premises every day during the statutory period. Seasonal use may suffice, if that use constitutes the best use of the property. In this case, given that the cabin lacked any heating system apart from a small fireplace, it is likely that the outdoorsman’s possession of the cabin for nine months out of the year would be sufficient to satisfy this element. Because the outdoorsman additionally met the other elements of open and notorious, actual, exclusive, hostile possession for well over the statutory period, he will likely prevail in his action to quiet title to the property. Therefore, this answer is correct.

Question 9

is an easement removed when the dominent and servient estate come into common ownerhip

Answer 9

YES: When the dominant and servient estates come into common ownership, the easement merges with the fee and is terminated. Here, the pharmacy conglomerate purchased both the dominant estate (the retail building) and the servient estate (the hardware store). When the same owner acquired both estates, the easement was extinguished.

Question 10

definition of easement abandonment

Answer 10

An easement terminates by abandonment when the easement holder does not use the easement and also acts in a manner demonstrating an intent to abandon the right

Question 11

assignment or sublease of an estate

often tested

Answer 11

By definition, an assignment occurs if the tenant transfers the entire estate, or the balance thereof, to the third party.

If a lesser estate is conveyed so that the tenant retains an interest in the leasehold, the transfer **is properly classified a sublease. **

In this answer choice, the tenant’s friends had a license (or mere permission) to use the lake for recreational purposes; there was no assignment or sublease. Because a license is not prohibited by the provisions in the lease, this is the correct answer choice.

to be an assigment the lessee needs to assign the entire property for the entire term.

Question 12

what about rental payments it there is an assigment that he owner is not aware of?

Answer 12

A subtenancy is created when a tenant transfers his right of possession for a time shorter than the remainder of the leasehold, so that he retains a reversion within the leasehold.

Therefore, the subtenant is neither in privity of estate nor privity of contract with the landlord.

however: Legal consequences: if the tenant created an assigment, the whole estate for the whole term, then:
* Assignee is in privity of estate with the landlord
* Assignee becomes directly liable to the landlord for rent and covenants that run with the land
* Original tenant remains in privity of contract, so the landlord can still sue the original tenant if needed
* But the landlord can now also sue the assignee

Question 13

if you sign a purchases and sales agreement but have not yet closed are you responsible for conditions that happen to the home.

Answer 13

A purchaser of real property becomes an equitable owner at the time of the execution of a binding contract. For this reason, under the common law, the risk of loss is on the buyer upon execution of a binding contract for sale of real property. The common law rule is the majority rule. Here, the house burned down after the two parties had signed a binding contract. As such, the risk of loss will fall on the buyer, even though the closing has not yet occurred.

you cannot just walk away from this, the other party can sue for specific performance

Question 14

The Statute of Frauds and property contracts

Answer 14

The Statute of Frauds applies to contracts for the sale of real property. To satisfy the requirements of the Statute of Frauds, a contract for the sale of an interest in real property must be in writing and signed by the party to be charged.

The writing must contain: (1) a description of the property; (2) a description of the parties; (3) the price; and (4) any conditions of price or payment, if agreed upon.
**
In certain limited situations, the doctrine of part performance may be used to enforce an otherwise invalid oral contract of sal**e, provided the acts of part performance unequivocally prove the existence of the contract.

**For the doctrine of part performance to apply, **a showing of some, or all, of the following elements must be made:
(a) payment of all or part of the purchase price;
(b) taking of possession; or
(c) making substantial improvements.

In this case, the oral contract between the businessman and the colleague for the sale of the businessman’s land would, under most circumstances, be unenforceable.
However, given that the colleague tendered payment of part of the purchase price in the form of the $1 million down payment and three installment payments, and that the colleague had taken possession of the property and lived there for several months, it is likely that the parties’ oral agreement will be upheld under the doctrine of part performance, despite the lack of an evidencing writing. As such, this answer is correct.

Question 15

the doctrine of part performance

Answer 15

For the doctrine of part performance to apply, a showing of some, or all, of the following elements must be made: (a) payment of all or part of the purchase price; (b) taking of possession; or (c) making substantial improvements.

Question 16

constructive possession with distinct lots

Answer 16

If land is divided into two or more distinctive lots, constructive possession will extend only to the lot that the possessor actually occupies. In this case, however, the land was not divided into two or more distinctive lots, and the homeowner’s constructive possession will therefore extend to the entire plot of land. Thus, this answer is incorrect

Question 17

lateral defects v. subsurface defects

strict liability

Answer 17

A landowner has an absolute right to have her land supported by the neighboring land in its natural condition.
But that right does NOT include support for buildings or other added weight. So:
* If the neighbor’s excavation would have caused the bare land to collapse, the excavator is strictly liable for all resulting damage — including damage to buildings.
* If the bare land would not have collapsed on its own, then the excavator is liable only if negligent.

Question 18

subleasing a life estate and lost payment

Answer 18

The tenant could only lease an interest equal to his own interest. Because his rights terminated immediately upon his death, the lease to the farmer was of this same right; the farmer was entitled to possession, at the stated rent, for 1**0 years or until the tenant’s death, whichever came first.

If the farmer was deceived as to the nature of the interest he was leasing, he must obtain satisfaction from the tenant (or the tenant’s estate). As a remainderman, the infant’s right to possession matured at the instant of the tenant’s death, and he need not honor the lease nor compensate the farmer in any way for having rightfully dispossessed him.

Question 19

waste and how it applies if the tenant vacates a property

Answer 19

A tenant is liable for committing waste whether the waste diminishes or increases the value of the property.

Ameliorative waste is waste which increases the value of the property.
Pursuant to the common law, ameliorative waste is still actionable by the landlord.

Note that under the modern rule, a **life tenant is now allowed to commit ameliorative waste if the market value of the remainderman’s interest is not impaired, and either: **

a) it is permitted by the remainderman; or
b) a substantial and permanent change in the neighborhood has deprived the property of a reasonable current value.

Question 20

Severing joint tenancy

Answer 20

A joint tenancy is severed** if one joint tenant conveys his interest**, whether voluntarily or involuntarily. I

If a joint tenancy is severed, the unities of time and title are destroyed, thereby creating a tenancy in common between the other tenant and the conveyee.

In this case, upon the farmer’s voluntary conveyance of his joint tenancy interest in the farm to the buyer, the joint tenancy was severed, and the business associate and the buyer became tenants in common, **each owning a one-half interest in the farm. **

Question 21

fructus industriales, or emblements.

Answer 21

Annual growing crops produced by human cultivation and labor are known as fructus industriales, or emblements are considered to be part of the land, and will pass with a conveyance of the land unless the grantor expressly reserves the crop in the deed of conveyance. Thus, the wheat crop growing on the farm will be considered part of the farmer’s conveyance to the buyer. As such, this answer is correct.

Question 22

marketable title

Answer 22

must be product at closing and not before. there is no breach of k if produced at title

Question 23

tenancy in common

Answer 23

A tenancy in common is a concurrent estate where each cotenant owns an undivided fractional share of the property. Each tenant in common may freely transfer, sell, or devise their own undivided interest, but no cotenant owns the whole property.

The only “unity” is that of possession, in that each tenant is entitled to possession of the whole estate. Here, the father and his older daughter bought the beach house as tenants in common. When the **father died, the wife and the older daughter became tenants in common. **On the wife’s death, the two daughters became tenants in common.
In a majority of states, a tenant in possession has the right to retain profits gained by his use of the property. By the same token, a tenant in possession need not share such profits with a cotenant out of possession, nor reimburse him for the rental value of the use of the land, unless there has been an ouster. However, a cotenant out of possession does have the right to share in rents and profits received from third parties. Here, the surfer, a third party, paid rent to use the beach house. Therefore, the younger daughter, as a tenant in common, is entitled to receive a percentage of the rent based on the percentage of the beach house she owns.

Question 24

joint tenancy

Answer 24

joint tenancy is a concurrent estate where cotenants hold equal, undivided interests with a right of survivorship.
🔑 Key Features
* Right of survivorship: When one joint tenant dies, their share automatically passes to the surviving joint tenants.
* Equal shares: Each joint tenant owns the same fractional interest.
* Same title: All tenants must acquire their interests at the same time, by the same instrument, with identical interests, and with equal rights to possess the whole.
These are the classic four unities:

1. Time
2. Title
3. Interest
4. Possession

Question 25

Covenants and equitable servitude

Answer 25

Covenants and equitable servitudes are p**romises made by landowners that may bind their successors in interest,** even though such successors were not parties to the original agreements. Whether a covenant obligates or benefits the successors to the original parties (or "runs with the land") is gen**erally determined by first examining whether the "burden runs,**" that is, are the successors to the original obligor bound by the promise? Next, inquiry is made as to whether the "benefit runs," that is, whether a successor of the original obligee can enforce the promise. For the burden of a covenant to run with the land, it must "touch and concern" the servient estate, the original covenantors must have intended that it so run, the successor to the servient estate** must have had notice of the covenant**, there must be v**ertical privity between the original obligo**r and the successor owner of the servient estate, and there must have bee**n horizontal privity between the original covenanting partie**s. The benefit of a covenant runs with the land if it touches and concerns the dominant estate and if there is intent. **"Touch and concern" generally refers to some promise which affects the use and enjoyment of the involved propertie**s. Promises to do affirmative acts, especially involving the payment of money, have always plagued the courts in determining whether they touch and concern. A promise to buy bread from a landowner seems clearly not to touch and concern, even if the landowner has a bread factory on his land, since even transients who have no place of residence need to buy bread; the connection with land, so far as the burden is concerned, seems remote. The same might be said of selling recyclable materials to a landowner who owns a recycling plant. Therefore, lack of touch and concern is probably the best answer.

Question 26

if the property is in violation of zoning regulations

Answer 26

Title to property currently in violation of zoning regulations **is unmarketable.**

Question 27

money purchase mortgage nad priority attachment

Answer 27

The lender's mortgage is a purchase-money mortgage, b**ecause it secures funds advanced to purchase the property.** This is so even though the loan and the mortgage were not executed concurrently. To be a purchase-money mortgage, t**he loan must be given as part of the same transaction in which title is acquired**. However, "transaction" is broader than just the actual moment when title is transferred. T he mortgage will be considered a purchase-money mortgage as long as it is part of **one continuous transaction and intended to be so**. **Purchase-money mortgages have priority over every other type of interest that attaches to the property prior to or at the moment of acquisition through the actions of that mortgago**r. Thus, the lender's purchase-money mortgage would take priority over the creditor's judgment lien, even though under the law of the jurisdiction, the creditor's lien attached at the moment the buyer acquired the property.

Question 28

valid delivery of the deed

Answer 28

When the grant****or keeps the deed to the property, there is a p**resumption that no valid delivery was made**.

Question 29

elements of valid delivery of a deed

Answer 29

1. Intent to transfer the property now The grantor must intend that the deed operate immediately, even if possession happens later. * Intent is the key element. * It can be shown by words, actions, or circumstances. 2. Some act that puts the deed beyond the grantor’s control This can be: * Physical transfer to the grantee * Recording the deed * Delivery to an escrow agent with instructions * Handing it to a third party with clear instructions to deliver later Actual physical handing‑over is not required, but there must be an act showing the grantor meant the deed to be effective. 3. Acceptance by the grantee Acceptance is presumed if the conveyance benefits the grantee. The grantee can reject it, but that’s rare.

Question 30

Adverse possession and marketable title

Answer 30

A**ll contracts for the sale of real property **include an **implied promise to convey marketable title**. Marketable title is title that is reasonably free from doubt in both fact and law. Title is not reasonably free from doubt if it contains any defects in the chain of title, such as adverse possession. T raditionally, title acquired by adverse possession is unmarketable until the **adverse possessor obtains a judgment in his favor in a quiet title action.** Without a quiet title judgment in his favor, the man's title remains unmarketable.

Question 31

tenants duties

Answer 31

1. pay rend 2. make repairs 3. not to commite waste

Question 32

notice recording

Answer 32

Under the common law, priority is generally awarded to the grantee who was first to receive an interest from the grantor (this is known as "first-in-time, first-in-right"). A recording act may alter the outcome, depending on whether it is a race, notice, or race-notice type of act. Under a notice-type recording act, a **subsequent bona fide purchaser who takes for value and without notice of the prior conveyance will prevail over a grantee who failed to record his interest prior to the date of the conveyance to the subsequent purchaser.** The buyer purchased the land without notice of the woodcutter's interest, because the woodcutter did not record the profit until after the conveyance. Thus, the buyer will prevail under a notice recording act, despite the fact that he recorded after the woodcutter did so. (B) Incorrect. A race recording act.

Question 33

lease novation

Answer 33

A novation is a new agreement among the landlord, the original tenant, and the incoming tenant that: 1. Extinguishes the original lease, 2. Creates a new lease with the new tenant, and 3. Releases the original tenant from all future obligations. It requires all three parties’ consent. Without that consent, you don’t have a novation — you just have an assignment, and the original tenant stays on the hook under privity of contract.