Property

Question 1

What does a wife recieve based on her dower interest?

Answer 1

1/3 interest in all her husbands seized land at husbands death

Question 2

What estate does an adverse possesor gain when they begin possessing property?

Answer 2

A.P gains estate in existence (life estate, fee simple, etc) at the date AP began possessing property

*if estate in existence is life estate, a new period (starts limitations period over) of possession will begin upon death of life-estate holder

Question 3

When will a junior interest not be extinguised after a foreclosure sale? (junior mortgage)

Answer 3

when holder is NOT given notice of foreclosure (buyer takes subject to junior interest/ mortgage holders mortgage)

Question 4

what are the 2 types of waste a life tenant may be liable for?

Answer 4

1. permissive waste

2. affirmative waste

Question 5

What is permissive waste

Answer 5

when life tenant fails to preserve the land

Question 6

What is affirmative waste?

Answer 6

voluntary waste of natural resources by life tenant unless waste:

1. is necessary for repair or maintenance
2. land is only suitable for such use
3. use of natural resources was expressly or impliedly permitted by the grantor

Question 7

What is ameliorative waste?

Answer 7

Waste that benefits the property economically

Question 8

Under what 3 conditions may a life tenant commit ameliorative waste?

Answer 8

1. when the market value of future interest are not diminished AND EITHER
2. the remaindermen do not object OR
3. there is a substantial and permanent change in neighborhood conditions (residential to 90% industrial) that has deprived the property of reasonable productivity/usefulness in its current form

Question 9

What is the significance of a fee simple determinable to a grantor?

Answer 9

IF condition in language of transfer is met then grantor has a AUTOMATIC right to re-enter property.
**key words ‘so long as’, ‘while’, ‘during’

Question 10

What is the significance of a fee simple subject to a condition subsequent to a grantor?

Answer 10

right o re-entry must be exercised (does not occur automatically)
**key words ‘but if’

Question 11

What 3 types of interests are subject to the RAP?

Answer 11

1. contingent remainders
2. shifting executory interests
3. springing executory interests
   * *executory interest that follows a defeasible fee usually violates RAP

Question 12

What are the general duties of a tenant?

Answer 12

1. duty to repair (waste)
2. duty not to use premises for illegal purposes
3. duty to pay rent

Question 13

What are the general duties of a landlord?

Answer 13

1. duty to deliver possession of the premises
2. preserve the covenant of quiet enjoyment
3. preserve the implied warranty of habitability
4. refrain from retaliatory eviction

Question 14

What is retaliatory eviction?

Answer 14

Landlord may not terminate lease or penalize tenant in retaliation for tenant exercising her legal rights

Question 15

In what 3 ways may the covenant for quiet enjoyment be breached?

Answer 15

1. actual eviction (by landlord or paramount title holder)
2. partial eviction – tenant only excluded from part of property
3. constructive eviction – property rendered uninhabitable due to landlords act or omission

Question 16

What effect does partial eviction by a landlord have on a tenant?

Answer 16

relieves tenant of obligation to pay rent on entire premises

Question 17

What effect does partial eviction by a 3rd party have on tenant?

Answer 17

tenant remains liable for reasonable rental value of the portion of the premises she continues to occupy

Question 18

What are the 4 types of tenancies?

Answer 18

1. tenancy for years – fixed period of time
2. periodic tenancy – ex. month to month
3. tenancy at will
4. tenancy at sufferance

Question 19

What is a tenancy at Sufferance?

Answer 19

arises when a tenant wrongfully remains in possession after the expiration of a lawful tenancy. (Lasts until landlord takes steps to evict tenant – no notice to tenant required)

Question 20

When can a periodic tenancy be terminated?

Answer 20

After notice is given to tenant at least one full period in advance of lease termination (tenancy is automatically renewed until proper notice of termination is given)

Question 21

How far in advance must notice of termination be provided for a year to year lease?

Answer 21

six months notice

Question 22

What is an easement?

Answer 22

right to use another’s land for a special purpose – does not include the right to possession of the land

Question 23

What is an easement appurtenant?

Answer 23

easement that allows the holder physical use or enjoyment of another’s land. Must be 2 tracts of land involved – dominant (estate benefited) and servient (estate subject to easement)

Question 24

What is an easement in gross?

Answer 24

easement that allow its holder to use the servient tenement regardless of whether he has possession of another adjoining tract of land ex: right to swim on blackacre, or right to put billboards on blackacre)

Question 25

What are the 4 methods for creating an easement?

Answer 25

1. express grant 2. express reservation (by grantor only -- can't reserve for someone else) 3. by implication 4. by prescription

Question 26

What are the 3 ways an easement is created by implication?

Answer 26

1. Implied from existing use 2. Implied from recorded subdivision plats 3. Implied from prior grant to extract materials from land 4. Easement by necessity

Question 27

What is an easement by necessity?

Answer 27

arises when landlord sells a portion of his land and by this division deprives one lot of access a to public road or utility lines. (owner of servient lot can locate the easement) **terminates when necessity ends

Question 28

When may an easement be implied from existing use?

Answer 28

1. when prior to the division of a piece of land, 2. an apparent and continuous use exists on the servient part 3. that use is reasonably necessary for enjoyment of the dominant part AND 4. court determines that parties intended for the use to continue after division

Question 29

What are the elements of acquiring an easement by prescription?

Answer 29

1. open and notorious use 2. adverse use (w/o owners permission) 3. continuous and uninterrupted use 4. for the statutory period * *cannot be acquired in public land

Question 30

When is an easement terminated by abandonment

Answer 30

when a holder demonstrates by a physical action an intent to permanently abandon the easement. Non-use or merely expressing a wish to abandon does not extinguish/terminate the easement.

Question 31

What is a real covenant?

Answer 31

written promise to do something on land or a promise not to do something on land

Question 32

What 5 requirements must be met for a successor in interest to a burdened estate to be bound by a real covenant? (burden to run)

Answer 32

1. intent 2. notice 3. horizontal privity b/w original covenanting parties 4. vertical privity 5. touch and concern

Question 33

What does the notice requirement entail for a burden of a covenant to run with the land?

Answer 33

A subsequent purchaser for value must have had actual, or constructive (inquiry or record) notice of the arrangement at the time of purchase (if no such notice given burden does not run)

Question 34

When will a negative covenant touch and concern land?

Answer 34

when it restricts the holder of the servient estate in his use of that parcel of land **negative covenant-- agreement not to do something

Question 35

When will an affirmative covenant touch and concern land?

Answer 35

if it requires the owner of the servient estate to do something which increases his obligations in connection with his enjoyment of the land

Question 36

What 3 requirements must be met for a promisee/covenantee's successor in interest to enforce a covenant? (benefit to run)

Answer 36

1. intent 2. vertical privity (any succeeding possessory estate may enforce the benefit) 3. touch and concern

Question 37

What is an equitable servitude?

Answer 37

covenant that equity will enforce against assignees of the burdened land who have notice of the covenant regardless of whether burden runs with the land at law. **for party seeking equitable relief (injunction) NOT money damages

Question 38

What is required for a negative equitable servitude to be implied and enforced?

Answer 38

1. common scheme (for residential subdivision) | 2. Notice -- actual or constructive (inquiry or record)

Question 39

How may the existence of a common scheme be evidenced? (for negative equitable servitude purposes)

Answer 39

1. a recorded plat 2. a general pattern of restriction 3. oral representations to early buyers

Question 40

What 3 elements are required for the burden of an equitable servitude to run with the land?

Answer 40

1. intent 2. actual or constructive notice 3. touch and concern

Question 41

What 2 element are required for the benefit of an equitable servitude to run with land?

Answer 41

1. intent | 2. touch and concern