Property Law Flashcards

A grantor conveys land "to A for life, then to B and her heirs." During A's lifetime, what interest does B hold?

Answer: A vested remainder in fee simple

B is an ascertained person with no condition precedent, so B holds a vested remainder in fee simple.

In Indiana, a person claiming title by adverse possession must, in addition to the common-law elements, generally prove what statutory requirement?

Answer: Payment of property taxes on the disputed land during the possession period

Indiana Code 32-21-7-1 requires an adverse possessor to pay the taxes and special assessments falling due on the land during the possession period.

A landlord fails to repair a broken heating system in winter, making an apartment uninhabitable. The tenant vacates after proper notice. What doctrine best supports the tenant's termination of the lease?

Answer: Constructive eviction

Constructive eviction applies when the landlord's wrongful conduct substantially interferes with use and enjoyment and the tenant vacates within a reasonable time.

O conveys Blackacre "to A, but if the land is ever used for commercial purposes, O may re-enter and retake the premises." What interest does O retain?

Answer: A right of entry (power of termination)

The conditional language coupled with the re-entry clause creates a fee simple subject to a condition subsequent, leaving O a right of entry.

A buyer signs a contract to purchase a home, and before closing a tornado destroys the house through no fault of either party. Under the majority equitable conversion doctrine, who bears the risk of loss?

Answer: The buyer, because equitable title passed at contract signing

Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss before closing in majority jurisdictions.

A deed is delivered to a grantee but is never recorded. The grantor later sells the same land to a second purchaser who pays value, has no notice of the first deed, and records immediately. Under a race-notice statute, who prevails?

Answer: The second purchaser, who took without notice and recorded first

Under a race-notice statute, a subsequent bona fide purchaser who records first prevails over a prior unrecorded conveyance.

Neighbors A and B share a common driveway under a written easement benefiting A's parcel. A sells his parcel to C. May C use the driveway?

Answer: Yes, because an appurtenant easement passes automatically with the dominant estate

An appurtenant easement runs with the dominant estate and transfers automatically to successors regardless of whether the deed mentions it.