Real Property Rights Flashcards
7 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property Rights flashcards as text
A life tenant who destroys the value of property for the remainder interest holders may be liable for which legal wrong?
Answer: Waste
Waste is the life tenant's unreasonable use or neglect of property that permanently damages the value of the estate and harms future interest holders.
Which covenant in a deed assures the grantee that the grantor has the legal right to convey the property at the time of conveyance?
Answer: Covenant of seisin
The covenant of seisin guarantees that the grantor actually owns the estate being conveyed and has the legal authority to transfer it.
A property owner who allows the public to use a private path for 20 years without permission may lose the right to exclude the public under which doctrine?
Answer: Prescriptive easement
A prescriptive easement may be established when a non-owner uses another's land openly, continuously, and adversely for the statutory period.
In a joint tenancy, which unities must be present at the time of creation?
Answer: Time, title, interest, and possession
The four unities required for a valid joint tenancy are time (acquired simultaneously), title (same instrument), interest (equal shares), and possession (undivided right).
When a landlord makes an implied warranty of habitability, which tenant remedy is typically available if the landlord fails to repair a serious defect?
Answer: Rent withholding or repair-and-deduct
Most jurisdictions allow tenants to withhold rent or repair the defect and deduct the cost when a landlord breaches the implied warranty of habitability.
Which doctrine allows a subsequent purchaser who bought from a grantee with good title to claim the same protection as that grantee, even if the subsequent purchaser had notice of a prior claim?
Answer: Shelter rule
The shelter rule allows a transferee to step into the shoes of a bona fide purchaser predecessor, preserving the ability to transfer clean title through the chain.
What type of property interest exists when a grantor conveys a fee simple and retains the right to reclaim the property if the grantee stops using it for a specified purpose?
Answer: Fee simple subject to a condition subsequent
A fee simple subject to a condition subsequent gives the grantor a right of re-entry (power of termination) that must be exercised after the stated condition is violated.