Real Property Flashcards

A grants an easement to B 'to cross Blackacre.' Later, A conveys Blackacre to C. What happens to the easement?

Answer: The easement runs with the land and binds C as the new owner of the servient estate

An easement appurtenant runs with the servient estate (burdened land) when it touches and concerns the land and the subsequent owner (C) has notice of the easement. The easement's burden passes to C automatically upon conveyance of Blackacre, regardless of whether C consented to it.

Which of the following satisfies the elements needed to establish adverse possession?

Answer: A claimant who openly farms the neighbor's field under a mistaken belief of ownership for the statutory period, with the true owner having actual notice

Adverse possession requires: (1) actual entry and exclusive possession; (2) open and notorious (as an owner would use it); (3) hostile/adverse (without permission, under a claim of right); (4) continuous for the statutory period. Openly farming land under mistaken ownership satisfies all elements; permission defeats hostility; secret use fails 'open and notorious'; intermittent use fails continuity.

Which type of tenancy exists when two or more persons hold property with the right of survivorship, and each tenant's interest passes automatically to the surviving tenant(s) upon death?

Answer: Joint tenancy

A joint tenancy is characterized by the right of survivorship — upon the death of one joint tenant, that tenant's interest automatically passes to the surviving joint tenant(s), without going through probate. Joint tenancy requires the four unities at creation: time, title, interest, and possession (TTIP).

Under the law of mortgages, what is the 'equity of redemption'?

Answer: The mortgagor's right to pay off the mortgage debt and redeem the property before foreclosure

The equity of redemption is the mortgagor's right, recognized in equity, to pay off the full mortgage debt and recover the property at any time before the completion of a valid foreclosure. Courts of equity would not allow a mortgagee to take the property simply because a payment was missed.

O conveys Blackacre to 'A and B as joint tenants.' Later, A conveys her interest to C without B's knowledge. What is the effect on the tenancy?

Answer: C holds a tenancy in common with B — the right of survivorship between A and B is destroyed as to C's interest

When a joint tenant conveys their interest, the conveyance severs the joint tenancy as to that interest. The buyer (C) takes as a tenant in common with B — C has no right of survivorship. C and B hold equal undivided interests, but B still has a right of survivorship with any remaining joint tenants (none here), so B and C are tenants in common.

Under a residential lease, when does constructive eviction occur?

Answer: When the landlord's wrongful conduct substantially interferes with the tenant's use and enjoyment of the premises, and the tenant vacates within a reasonable time

Constructive eviction requires: (1) the landlord's wrongful act or failure to act; (2) that substantially interferes with the tenant's use and enjoyment; (3) the tenant gives the landlord notice and a reasonable opportunity to cure; and (4) the tenant actually vacates within a reasonable time after the landlord fails to cure.