Real Property

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Real Property
2013-07-06 17:07:50
Barbri Real Property MA

Property Flashcards
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  1. To A and his Heirs is an example of:
    A Fee Simple Absolute
  2. To A so long as, until, while is an example of:
    A fee simply determinable.
  3. To A, but if X event happens, grantor reserves the right to reenter and retake is an example of:
    A Fee Simple subject to condition subsequent.
  4. To A, but if X event occurs, then to B is an example of:
    Fee simple subject to an executor limitation.
  5. To A for life is an example of:
    a life estate.
  6. To A for the life of B is an example of:
    A life estate pur autre vie.
  7. A Fee Simple Absolute is:
    devisable descendible and alienable.
  8. A Fee simple determinable is:
    Alienable devisable, descendible, and subject to condition.
  9. A Fee Simple subject to condition subsequent is:
    Alienable devisable, descendible, and subject to condition.
  10. A Fee simple subject to an executor limitation is:
    Alienable devisable, descendible, and subject to condition.
  11. A Life Estate is:
    Alienable, devisable and descendible if pur autre vie and measuring life is still alive.
  12. The Future Interests of a Fee Simple Absolute include:
  13. The Future Interests of a Fee simple determinable include:
    Reverter held by grantor
  14. The Future Interests of a Fee Simple subject to condition subsequent include:
    Right of Entry/Power of Termination (held by grantor).
  15. The Future Interests of a Fee simple subject to an executor limitation include:
    An Executory interest held by a third party.
  16. The Future Interests of a Life estate include:
    Reversion if held by the Grantor and

    Remainder if held by third party
  17. To create a Fee Simple Determinable the grantor must use:
    clear duration language.
  18. If a condition in a Fee Simple Determinable is violated:
    the forfeiture is automatic.
  19. In order to create a Fee Simple Subject to Condition Subsequent the grantor must use clear durational language and:
    carve out the right to re-enter.
  20. Fee Simples subject to executory limitations automatically:
    passĀ  to the 3rd party uypon the condition being met.
  21. Absolute restraints on alienation:
    are void. Must be linked to a reasonable time limited purpose.
  22. A life tenant is entitled to:
    all ordinary uses and profits from the land.
  23. A life tenant must not:
    commit waste, anything to hurt the future interest holders.
  24. Voluntary waste is:
    overt conduct that causes a drop in value.
  25. The life tenant must not consumer or exploit natural resources on the property unless:
    • PU Prior Use, the land was used for such purposes.
    • R Repairs
    • G Granted the right by the grantor
    • E The land is suitable only to the exploitation being conducted.
  26. A life tenant must maintain:
    the premises in reasonably good repair.
  27. Permissive waste occurs when the:
    land is allowed to fall into disrepair.
  28. The life tenant is obligated to pay all ordinary:
    taxes on the land. If there is no income or profit, the tenant is required to pay all ordinary taxes to the extent of the premises fair rental value.
  29. A life tenant must not engage in acts that will enhance the property's value unless:
    all interest holders are known and consent.
  30. Future Interests in Grantors:
    • Possibility of reverter
    • Right of Entry
    • Reversion
  31. The possibility of reverter accompanies the:
    fee simple determinable
  32. The right of entry accompanies:
    the fee simple subject to condition subsequent.
  33. The reversion arises in a grantor who transfers an estate of:
    lesser quantum than she started with. (life estate, term of years etc).
  34. Future Interests in Transferees: If a future interest is held by someone other than the grantor it has to be either:
    • A vested remainder
    • A contingent remainder
    • An executory interest
  35. The three types of remainders are:
    the indefeasibly vested remainder, the vested remainder subject to complete defeasance and the vested remainder subject to open.
  36. A remainder is vested if it is both:
    created in an ascertained person and is not subject to any condition precedent.
  37. A remainder is contingent if it:
    is created in an as yet unborn or unascertained person
  38. The Rule of Destructibility:
    At common law, a contingent remainder was destroyed if it was still contingent at the time the preceeding estate ended.

    Only applies to traditional common law doctrine.
  39. Shelley's Rule:
    To A for life, then to A's heirs. A has life estate. A's unknown heirs have contingent remainder, O has a reversion since A could die without heirs.
  40. Doctrine of Worthier Title:
    Yields to grantor's intent. Contingent remainders in a life estate holders are void, giving A a life estate and O a reversion.
  41. An indefeasibly vested remainder is certain to:
    acquire an estate in the future with no strings attached.
  42. A vested remainder subject to complete defeasance is:
    not subject to any condition precedent, but may be cut short because of a condition subsequent.
  43. The comma rule:
    when conditional language in a transfer follows language that, taken alone and set off by commas, would create a vested remainder, the condition is a condition subsequent, and you have a vested remainder subject to complete defeasance. (Example: To A for life, remainder to B, provided, however, that if B dies under the age of 25, to C.
  44. Comma Rule Part 2:
    If the conditional language appears before the language creating the remainder, the condition is a condition precedent, and you have a contingent remainder. (Example: To A for life, and if B has reached the age of 25, to B.)
  45. A vested remainder subject to open exists if:
    the remainder is vested in a group of takers, at least one of whom is qualified to take but each class member's share is subject to partial diminution because additional members can still join in.
  46. An executory interest is a future interest created in a:
    third party.
  47. A shifting executory interest:
    cuts short some interest in another.
  48. A springing executory interest:
    cuts short the interest held by a grantor or his heirs.
  49. The Rule Against Perpetuities:
    Certain kinds of future interests are void if there is any possibility, however remote, that the given interest may vest more than 21 years after the death of a measuring life.
  50. The RAP does not apply to:
    1. Indefeasibly vested remainders

    2. Vested remainders subject to complete defeasance.
  51. A gift to an open class that is conditioned on the members surviving to an age beyond 21:
    violates the common law RAP and the entire gift is void.
  52. An executory interest with no limit on the time within it must vest:
    violates the RAP and the entire conditional clause is stricken from the conveyance.
  53. The wait and see doctrine (MA RAP rule):
    majority reform whereby the validity of any suspect future interest is determined on the basis of the facts as they now exist, at the end of our measuring life.
  54. Cy Pres doctrine:
    if a conveyance fails to the RAP, the court may reform it in a way that most closely matches the grantor's intent while complying w/the RAP.
  55. The three types of concurrent estates are:
    1. Joint Tenancy

    2. Tenancy by the entirety

    3. Tenancy in common.
  56. The joint tenancy is 2 or more:
    tenants with a right of survivorship. Death of one transfers his interest to the remaining owners.
  57. Tenancy by the entirety is a:
    marital interest w/right of survivorship.
  58. Tenancy in common is:
    2 or more own with no right of survivorship.
  59. A joint tenancy is alienable but not:
    divisible or descendible due to the right of survivorship.
  60. A joint tenancy may be created by:
    the four unities and the grantor's express statement of the right to survivorship.
  61. The four unities are (T-TIP):
    Joint tenants must take at the same time, same title/instrument, with identical interests, and the right to possession as a whole.
  62. When a person buys an interest in land from a joint tenant:
    the buyer holds the land as a tenant in common.
  63. The doctrine of equitable conversion holds:
    equity regards as done that which ought to be done.
  64. In equity, a joint tenant's mere act of entering into a contract for the sale of her share:
    will sever the joint tenancy as to the contracting party's interest.
  65. Partition in kind:
    a judicial action for physical division of Blackacre, if in the best interests of all.
  66. Forced sale
    A court action if in the best interest of all, where property is sold and the proceeds divide proportionately.
  67. Partition by voluntary agreement:
    An agreement between all parties on how to dispose of property.
  68. In MA (a title theory state) one joint's execution of a mortgage or a lien on his share of the property will:
    sever the joint tenancy as to that encumbered share only.
  69. In the majority of states under the lien theory of mortgages, a joint tenant's execution of a mortgage on his or her interest:
    will not sever the joint tenancy.
  70. The majority of states presume that a conveyance to a married couple:
    creates a Tenancy by the entirety.
  71. MA requires express statement that a:
    tenancy in the entirety has been created. In MA a simple conveyance to a married couple will only produce a tenancy in common if the magic language is not used.
  72. Creditors of a single spouse:
    cannot reach property held in tenancy by the entirety.
  73. In MA creditors of one spouse may reach:
    that spouse's share of property held in tenancy by the entirety but may not reach the other spouse's share or defeat the right of survivorship.
  74. In tenancy by the entirety a unilateral conveyance:
    won't defeat the right of survivorship.
  75. In a Tenancy in common, each co-tenant owns:
    an individual part, and each ha a right to possess the whole.
  76. If one co-tenant wrongfully excludes another co-tenant from possession of the whole, he has committed:
    wrongful ouster.
  77. Absent ouster, a co-tenent in exclusive possession:
    is not liable to the others for rent.
  78. A cotenant who leases all or part of a tenancy in common must:
    account to his co-tenants and give them their fair share of the rent income.
  79. Unless ouster has occurred adverse possession:
    cannot be used to acquire title to the exclusion of other co-tenants.
  80. Each cotenant is responsible for their share of carrying costs such as:
    taxes and mortgage interest/payments based upon her undivided share.
  81. A co-tenant has the right to reasonable and necessary repairs provided that:
    she tells the other tenants of the need.
  82. During the life of a co-tenancy there is no right to contribution for:
  83. At partition the improving co-tenant is entitled to a:
    credit, equal to the increase in value due to her improvement efforts.
  84. At partition an "improver" also bears full liability for:
    any drop in value due to her efforts.
  85. A co-tenant must not commit any type of:
  86. The Four types of Leasehold Estates:
    1. Tenancy for Years.

    2. The Periodic Tenancy.

    3. Tenancy at Will

    4. Tenancy at Sufferance
  87. A Tenancy for years is a lease for:
    a fixed period of time, doesn't matter how long. No notice is needed to terminate it.
  88. Periodic Tenancy is a lease which:
    continues for successive intervals until L or T give proper notice to terminate.
  89. When land is leased with no mention of duration, but provision is made for the payment of rent at set intervals:
    a periodic tenancy will be established for the duration of those intervals.
  90. An oral term of years in violation of the Statue of Frauds creates:
    an implied periodic tenancy measured by the way rent is tendered.
  91. In a residential lease, if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease:
    an implied periodic tenancy arises measured by the way rent is now tendered.
  92. In a residential lease, if L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease:
    an implied periodic tenancy arises measured by the way rent is now tendered.
  93. At common law, notice for termination must:
    be at least equal to the given period itself, unless otherwise agreed.
  94. In a year to year periodic tenancy the notice of termination is:
    6 months notice.
  95. A periodic tenancy must end at the conclusion of:
    a natural lease period. (end of the month)
  96. A tenancy at will is a lease:
    of no fixed duration. Lasts as long as both parties agree to it. A reasonable demand to vacate is usually needed however.
  97. A Tenancy at Sufferance exists when:
    T has wrongfully held over past the expiration of the lease. Lasts until L either evicts or holds T to a new lease.
  98. The T's duties include:
    • Liability to third parties
    • Duty to repair
    • T's duty to pay rent
  99. A tenant is responsible for keeping the premises in:
    good repair.
  100. T's duty to repair when the lease is silent:
    T must maintain the premises, not commit waste.
  101. A fixture is a once movable chattel that, by virtue of its annexation to realty:
    objectively shows the intent to permanently improve the premesis. (Furnaces, storm windows, lighting installations.
  102. Fixtures pass with:
    the ownership of the land.
  103. When a T removes a fixture she commits:
    voluntary waste.
  104. Express agreements regarding fixtures controls:
    whether or not a chattel will be considered a fixture.
  105. In the absence of an agreement, T may remove a chattel that she has installed so long as:
    removal won't cause substantial harm to the premises.
  106. If the removal of a chattel affixed to realty causes substantial damage, then in objective judgment T has shown:
    the intent to install a fixture, and it must stay put.
  107. At common law, historically, T was liable for any loss including loss due to:
    forces of nature.
  108. Today the majority holds that T may end the lease when the premises are destroyed:
    without T's fault.
  109. When a T breaches his duty to pay rent and remains in possession a landlord may:
    evict through the court or continue the relationship and sue for rent. If the landlord evicts, she may still recover rent from the day of breach until T vacates.
  110. When a T breaches the duty to pay rent the landlord must not engage in:
    self-help which is punishable civilly and criminally. In MA if L resorts to self-help, L is liable for 3x damages or 3 months rent, plus attorney fees.
  111. If T breaches the duty to pay rent but is out of possession L may:
    1. Treat the abandonment as a surrender.

    2. Ignore abandonment and hold T responsible for the rent, just as if T were still there. (Available only in a minority of states.)

    3. Re-let the premises on the wrongdoer tenant's behalf, and hold him or her liable for any deficiency.
  112. The Landlord covenants to:
    1. Deliver possesion

    2. The implied covenant of quiet enjoyment

    3. The implied warranty of habitability

    4. Refrain from a retaliatory eviction.
  113. L's duty to deliver possession requires that L put T (maj. view):
    in physical possession of the premises.

    The American rule requires only that L provide legal but not physical possession to T.
  114. L's duty to provide the implied covenant of quiet enjoyment applies both to:
    residential and commercial leases.
  115. L breaches the implied covenant of quiet enjoyment when:
    L wrongfully evicts T or excludes T from premises.
  116. A constructive eviction requires:
    1. Substantial INterference

    2. Notice

    3. T's vacation of the premesis.
  117. Generally a landlord is not liable for the acts of other tenants, but and Landlord:
    Must not permit a nuisance on site and must control common areas.
  118. The implied warranty of habitability applies only to:
    residential leases.
  119. Under the implied warranty of habitability the premesis must be fit:
    for human dwelling, B are living requirements must be met.
  120. No heat in the winter, no plumbing, and no running water are all circumstances which may:
    breach the implied warranty of habitability.
  121. A T's possible remedies for the breach of implied warranty of habitability include:
    1. Moving Out and ending the lease.

    2. Repairing and deducting the expenses from the rent.

    3. Reduce the rent or wthhold all rent until the court determines fair rental value. (T may have to place rent funds in an escrow account.)

    4. Remain in possession, pay rent and affirmatively seek money damages.
  122. A retaliatory eviction occurs if T lawfully reports L for housing code violations and L attempts to:
    raise rent, or end a lease or take other reprisal measures.
  123. In MA there is a presumption of retaliatory eviction if the eviction is within
    6 months of a tenants lawful complaint.
  124. Absent a prohibition in the lease, a T may freely transfer his or her interest in whole to another in:
    part or in whole.
  125. A whole transfer of interest from T to a third party of a lease constitutes:
    an assignment.
  126. A partial transfer of interest from T to a third party of a lease constitutes:
    a sublease.
  127. Regarding transfers of interest, a L may prohibit a T from assigning or subletting without:
    L's prior written approval.
  128. Once L consents to one transfer of interest by T:
    L waives the right to object future transfers by that T, unless L expressly reserves it.
  129. In an assignment, L and T2 are in:
    privity of estate and are liable to each other for all of the covenants in the original lease that "run with the land."
  130. In an assignment, L and T2 are not in privity of contract unless:
    T2 assumed all promises in the previous lease.
  131. In an assignment L and T1 are no longer in privity in estate but remain in privity:
    of K. Thus L and T1 are secondarily liable to each other.
  132. In a sublease, the L and T2 are neither in:
    privity of estate or K.
  133. Under the common law a L was not liable to make the premises:
  134. In MA, a L is liable for unsafe conditions of which:
    L had written notice.
  135. Landlords must, however, maintain all:
    common areas.
  136. According to the latent defects rule, a L must:
    warn T of hidden defects that L knows or should know about.
  137. A L who voluntarily makes repairs:
    must complete them with reasonable care.
  138. In a short term lease of a furnished dwelling the L is liable:
    for any defects on site of any furnished dwelling.
  139. An affirmative Easement arises by:
    1. Prescription

    2. Implication

    3. Necessity

    4. Grant from grantor
  140. An easement by prescription arises through:
    use that is continuous, open and notorious, actual under a claim of right that is hostile for the required statutory period.
  141. An easement by implication is:
    implied from prior use, at time land is severed, a used of one part existed from which it can be inferred that an easement permitting its continuation was intended.
  142. Negative Easements can be created only by a:
    writing signed by the grantor.
  143. A negative easement is one:
    that concerns light, air support, and stream water.
  144. Real covenants can only be created by a:
    writing signed by the grantor.
  145. A real covenant binds:
    successors of a burdened lot if "within" requirements are satisfied: Writing, Intent, Touch and concern, Horizontal and vertical privity, and Notice. The benefit of the promise will run to successor of the benefited lat if WITV: writing, Intent, Touch, and concern, and Vertical privity.
  146. Equitable Servitudes are created by a:
    writing signed by the grantor (unless implied by General Scheme doctrine.)
  147. Successors to equitable servitudes are bound if:
    WITNes: writing, intent, Touch and concern, and Notice (privity not required.)
  148. Reciprocal Negative Servitudes are created by:
    Residential subdivisions restrictions contained in prior deeds conveyed by a common grantor will bind subsequent grantees who's deeds contain no such restriction if: At stare of subdividing, grantor had a common scheme and unrestricted lot holders had notice.
  149. With Reciprocal Negative Servitudes subsequent buyers will be bound where:
    a common scheme exists, and subsequent purchasers have notice.
  150. An easement is the:
    grant of a nonpossessory property interest that entitles its holder to some form of use or enjoyment of another's land, called the servient tenament.
  151. A privilege to do something on servient land is:
    an easement.
  152. A negative easement entitles its holder to prevent the servient landowner from:
    doing something that would otherwise be permissible. Generally limited to Light, air, support, stream water, and in a minority of jurisdictions, scenic view.
  153. Negative easements can only be create expressly, by:
    a writing signed by the grantor.
  154. An easement is appurtenant when it:
    1. benefits its holder in his physical use or enjoyment of his property.

    2. Two parcels must be involved: the dominent tenament receives the benefit and servient tenament bears the burden.
  155. An easement is in gross if it confers upon its holder:
    only some personal or pecuniary advantage that is not related to his use or enjoyment of his land. There is no benefited or dominant tenement.
  156. An appurtenant easement passes automatically:
    automatically with the dominant tenement, regardless of whether it is even mentioned in the conveyance.
  157. An easement appurtenant also passes automatically with the servient estate unless:
    the owner is a BFP without notice.
  158. An easement in gross is not transferable unless:
    it is for commercial purposes.
  159. Termination of an easement by estoppel:
    Occurs when the servient owner materially changes his or her position in reasonable reliance on the easement holder's assurances that the easement will not be enforced.
  160. Easements created by necessity expire as soon as the:
    need ends.
  161. Destruction of the servient land, other than through the willful conduct of the servient owner will:
    end the easement.
  162. Condemnation of the servient estate will:
    end an easement.
  163. A written release given by an easement holder will:
    end the easement.
  164. An easement is abandoned when the:
    easement holder uses physical action with the intent to never use the easement again.
  165. The merger doctrine (unit of ownership doctrine) will extinguish an easement when:
    title to the easement and title to the servient land becomes vested in the same person.
  166. An easement by prescription arises when the servient tenant allows the user to use the land in accordance with:
    adverse possession.
  167. A license is:
    a privilege to enter another's land for some delineated purpose.
  168. A license does not need to be in writing because it is not subject to:
    the statute of frauds.
  169. Admission tickets create:
    freely revocable licenses.
  170. Estoppel will apply to bar revocation of a license only where the licensee has:
    invested substantial money/labor in reasonable reliance on the license's continuation.
  171. A profit entitles its holder to:
    enter the servient land and take from it the soil, or some substance of it.
  172. A profit shares all of the rules of:
  173. A covenant is a:
    promise to do or not do something related to land.
  174. Restrictive covenants are:
    a promise to refrain from doing something related to land.
  175. Covenant v. Equitable servitude:
    P seek money for covenant breaches and injunctions for equitable servitudes.
  176. Every conveyance of real estate consists of a two-step process:
    1. the land K

    2. The closing
  177. A land K must:
    be in writing signed by the D and must describe Blackacre and state some consideration.
  178. Doctrine of Part Performance Exception to the Statue of Frauds:
    Need two of the three (in MA you need all):

    1. Possession

    2. Payment of the purchase price.

    3. Buyer makes substantial performance
  179. If Blackacre is destroyed through no fault of either party:
    B bears the risk of loss, unless K says otherwise. (In MA party in possession prior to closing bears risk of loss.)
  180. Two implied promises in every land K:
    1. Seller provides marketable title

    3. Seller promises not to make false statements of material fact.
  181. Marketable title is:
    title that is free from reasonable doubt. Free from lawsuits and threat of litigation.
  182. 3 circumstances that will render title unmarketable:
    1. Part of title rests upon adverse possession.

    2. Servitudes and mortgages render title unmarketable unless buyer has waived them.

    3. Zoning violations on the property.
  183. A seller has the right to satisfy an outstanding mortgage or lien at the closing with:
    the proceeds from the sale.
  184. The majority of states now hold a seller liable for the failure to disclose a:
    latent material defect, material lies, and omissions.
  185. Disclaimers will not relieve seller from:
    fraud or a failure to disclose.
  186. An implied warranty of fitness and workmanlike construction applies to the sale:
    of a new home by a builder-vendor.
  187. In order for a dead to pass title from the seller to the buyer it must:
    1. Be executed

    2. Delivered
  188. The lawful execution of a deed requires it to be:
    1. in writing.

    2. Describe the property in unambigous terms.

    3.(In MA, a deed must also cite consideration.)
  189. The delivery requirement for a deed is satisfied when:
    the grantor physically transfers the deed to the grantee.
  190. A deed need not be physically:
    transferred to the grantee.
  191. The standard for delivery is whether the grantor:
    had the present intent to be bound irrespective of whether or not the deed itself was handed over.
  192. A recipients express rejection of a deed:
    defeats delivery.
  193. If a deed that is absolute on its face is transferred to a grantee with an oral condition:
    the oral condition drops out.
  194. A grantor may deliver an executed deed through an:
    escrow agent (third party) and condition that the delivery of the deed to the grantee only happen once a certain condition is met.
  195. In MA, recording a lawful deed properly is:
    presumptive evidence of delivery.
  196. A quitclaim deed (release deed in MA) contains:
    no covenants.
  197. The general warranty deed warrants against:
    all defects in title, including those due to grantor's predecessors.