Property Flashcards

Under the takings doctrine, a government action constitutes a per se regulatory taking when:

Answer: The regulation denies the owner all economically beneficial use of the property

Under Lucas v. South Carolina Coastal Council, a regulation that denies an owner all economically beneficial or productive use of property is a categorical (per se) regulatory taking requiring compensation.

Which of the following correctly describes the Statute of Frauds requirement for conveyances of real property?

Answer: A contract for the sale of real estate must be in writing and signed by the party to be charged

The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party to be charged with enforcement, to protect against fraudulent claims of oral land deals.

A deed delivered to a third-party escrow agent to deliver to the grantee upon the grantor's death is known as:

Answer: Delivery in escrow

Delivery in escrow occurs when a grantor delivers a deed to a neutral third party (escrow agent) with instructions to hand it over to the grantee upon a specified condition, such as the grantor's death or payment of the purchase price.

Under Massachusetts law, a landlord must return a security deposit within how many days after the tenancy ends?

Answer: 30 days

Massachusetts G.L. c. 186, § 15B requires landlords to return the security deposit (with interest) and provide an itemized statement of deductions within 30 days of the tenancy's termination.

Which doctrine allows a court to imply an easement over a grantor's retained land when the easement was in use before the land was divided and is reasonably necessary for the enjoyment of the severed parcel?

Answer: Easement implied from prior use

An easement implied from prior use arises when the prior use was apparent, continuous, and reasonably necessary at the time of the conveyance that divided the property.

Under the Massachusetts Condominium Act (M.G.L. c. 183A), what document creates a condominium and must be recorded?

Answer: The condominium declaration (master deed)

A condominium in Massachusetts is created by recording the master deed (condominium declaration) with the registry of deeds, which describes the land, buildings, units, and common areas.