Property Flashcards

Under Massachusetts's recording act, which type of act does Massachusetts use to protect subsequent purchasers?

Answer: Race-notice statute

Massachusetts is a race-notice jurisdiction: a subsequent purchaser is protected against prior unrecorded interests only if they recorded first AND took without notice of the prior interest.

An easement appurtenant benefits:

Answer: The dominant tenement and runs with the land

An easement appurtenant is attached to and benefits the dominant estate, running with that land so that subsequent owners of the dominant parcel automatically hold the easement.

Under the implied warranty of habitability in residential leases, a landlord's duty requires:

Answer: Maintaining the premises in a condition fit for human habitation throughout the tenancy

The implied warranty of habitability requires landlords to maintain rental property in a condition fit for human habitation throughout the lease, covering essential facilities and compliance with housing codes.

Under a purchase and sale agreement in Massachusetts, the seller typically must deliver marketable title. Marketable title means:

Answer: Title free from reasonable doubt, liens, and encumbrances that would subject a buyer to litigation

Marketable title is title that a reasonable purchaser would accept—free from reasonable doubt, significant encumbrances, and risk of litigation.

A life tenant has the right to use the property but is prohibited from committing waste. Which of the following is permissive waste?

Answer: Failing to maintain the property, allowing it to fall into disrepair

Permissive waste occurs when a life tenant fails to take reasonable steps to maintain the property, allowing deterioration that reduces its value for the remainderman.

A zoning variance is granted when a property owner shows:

Answer: Strict application of the zoning ordinance would cause unnecessary hardship unique to the property

A variance requires proof that strict zoning compliance would cause unnecessary hardship unique to the property—not shared by the neighborhood generally—and that the variance would not harm the public interest.