Real Property Flashcards
6 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Real Property flashcards as text
Under Florida's Landlord-Tenant Act, a residential landlord must return a security deposit or provide written notice of a claim against it within how many days of the tenant vacating?
Answer: 30 days
Florida Statutes § 83.49(3) requires a landlord to return the security deposit or provide written notice of intention to impose a claim within 30 days of the tenant vacating.
A fee simple determinable differs from a fee simple subject to a condition subsequent because the fee simple determinable:
Answer: Automatically reverts to the grantor upon the occurrence of the stated event
A fee simple determinable automatically ends and reverts to the grantor (via a possibility of reverter) upon the stated event, unlike a fee simple subject to a condition subsequent which requires re-entry.
Florida's anti-merger doctrine as applied to easements means that when the same person owns both the dominant and servient estate:
Answer: The easement is automatically extinguished by merger
Under the traditional merger doctrine applied in Florida, an easement is extinguished when the same person acquires both the dominant and servient estates — the easement merges into the ownership.
Under the Rule Against Perpetuities, an interest is invalid if it may vest more than:
Answer: A life in being plus 21 years
The traditional Rule Against Perpetuities voids a future interest that might not vest within a life in being at the creation of the interest plus 21 years.
A purchase money resulting trust arises when:
Answer: A party pays the purchase price for property but title is taken in another's name
A purchase money resulting trust is implied by law when one person furnishes the purchase price for property but legal title is placed in another's name without donative intent.
Under Florida law, a notice statute protects a subsequent purchaser who:
Answer: Takes for value without notice of the prior conveyance, even if they do not record first
Florida is a notice state (§ 695.01) — a subsequent bona fide purchaser for value without notice of a prior conveyance prevails even if they do not record before the prior deed is recorded.