Real Property Flashcards

Under New York law, which type of deed provides the GREATEST protection to a grantee by including covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances?

Answer: Statutory warranty deed (full covenant and warranty deed)

A full covenant and warranty deed (statutory warranty deed) contains all six covenants of title and provides the greatest protection to the grantee.

In New York, when a grantor delivers a deed to a grantee but the grantee has not yet recorded it, and the grantor subsequently sells the same property to a bona fide purchaser for value who records first, who prevails under New York's recording act?

Answer: The second purchaser, because New York follows a race-notice statute

New York follows a race-notice recording statute, so a subsequent bona fide purchaser for value who records first without notice of the prior conveyance prevails.

A testator devises Blackacre 'to A for life, then to B and her heirs.' B predeceases A. What interest, if any, does B's estate hold at the moment of B's death?

Answer: A vested remainder in fee simple, which passes to B's heirs or devisees

B holds a vested remainder in fee simple absolute; because it is already vested, it passes through B's estate and is not extinguished by B predeceasing the life tenant.

Under New York's Statute of Frauds, which of the following is required for a contract for the sale of real property to be enforceable?

Answer: The contract must be in writing and signed by the party to be charged

New York's Statute of Frauds (GOL § 5-703) requires that a contract for the sale of real property be in writing and subscribed by the party to be charged or their lawful agent.

In New York, a landlord's failure to maintain a residential premises in a habitable condition gives a tenant which of the following remedies?

Answer: Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure

New York RPL § 235-b codifies the implied warranty of habitability, allowing tenants to seek rent abatement or withhold rent, but proper notice and procedure must be followed.

Which of the following correctly describes a 'joint tenancy' under New York law?

Answer: Co-owners hold equal shares with a right of survivorship, and all four unities must be present at creation

A joint tenancy requires the four unities (time, title, interest, and possession) and includes a right of survivorship, distinguishing it from a tenancy in common.

Under New York law, an easement by prescription is established when a party uses another's land in a manner that is:

Answer: Open, notorious, hostile, and continuous for 10 years

In New York, an easement by prescription requires open, notorious, hostile (without permission), and continuous use for the 10-year statutory period.

O conveys Greenacre 'to A so long as the land is used for agricultural purposes.' What type of future interest does O retain?

Answer: Possibility of reverter

A grant 'to A so long as...' creates a fee simple determinable in A, and the grantor retains a possibility of reverter that vests automatically upon the occurrence of the stated condition.

In New York, which of the following is the MOST accurate statement regarding adverse possession?

Answer: The claimant must have actual, open, notorious, exclusive, and hostile possession for 10 years and, under the 2008 amendment, must have a 'reasonable basis' for the belief that the land is owned by them

New York's 2008 amendment (RPAPL § 501) added a requirement of a 'claim of right' with a reasonable basis for the belief in ownership, in addition to the traditional elements over 10 years.

A residential tenant in New York City has lived in a rent-stabilized apartment for 15 years. The landlord wishes to recover the unit for personal use. Under NYC rent stabilization rules, which of the following is MOST accurate?

Answer: The landlord may recover the unit for primary personal use by filing a non-renewal notice, but senior or disabled tenants with long tenancies may have heightened protections

Under NYC rent stabilization, a landlord may seek owner occupancy, but qualified senior citizens (62+) or disabled tenants are exempt from such evictions under the Rent Stabilization Code.

In New York, which doctrine allows a court to enforce a promise to convey land made in exchange for the promisee's substantial detrimental reliance, even absent a written contract?

Answer: Promissory estoppel (part performance)

New York courts recognize part performance and promissory estoppel as exceptions to the Statute of Frauds when a party has detrimentally relied on an oral promise to convey land.

A mortgage on real property is executed and delivered in New York but not immediately recorded. A subsequent judgment creditor dockets a judgment against the mortgagor. Under New York law, who has priority?

Answer: The judgment creditor, if the judgment was docketed before the mortgage was recorded and the creditor had no actual notice of the mortgage

Under New York's race-notice recording statute, a judgment creditor who dockets before the mortgage is recorded, without notice of the prior mortgage, takes priority.

Under New York law, when a lease is silent on the issue of subletting, a residential tenant in a building with four or more units has what right to sublet?

Answer: A qualified right to sublet with landlord consent, which consent cannot be unreasonably withheld under RPL § 226-b

New York RPL § 226-b grants residential tenants in buildings with four or more units the right to sublet with landlord consent, and the landlord cannot unreasonably withhold consent.

A contract for the sale of real property in New York is signed, but before closing, the property is destroyed by fire. Under the traditional New York rule and the doctrine of equitable conversion, who bears the risk of loss?

Answer: The buyer, because equitable conversion treats the buyer as the equitable owner from the moment of contract

New York traditionally follows the doctrine of equitable conversion, under which the buyer bears the risk of loss after the contract is signed because equity treats the buyer as the owner of the land.

Which of the following BEST describes a 'tenancy by the entirety' under New York law?

Answer: A form of co-ownership available only to married couples (or domestic partners in NY), with right of survivorship and immunity from individual creditors of one spouse

A tenancy by the entirety in New York is available only to married couples (and now registered domestic partners), carries a right of survivorship, and is immune from individual creditors of either spouse alone.

In New York, the 'merger doctrine' in real property law provides that:

Answer: All prior representations in a real estate transaction are merged into and superseded by the deed upon closing

The merger doctrine holds that once a deed is delivered and accepted at closing, it supersedes and merges all prior representations, warranties, and contract terms, leaving only the deed's covenants in force.

A New York homeowner wants to install a fence that will encroach two feet onto the neighbor's property. The neighbor orally agrees. Years later, the neighbor's successor in title demands removal of the fence. Which defense is MOST likely to succeed for the homeowner?

Answer: Both B and C, depending on which elements are proven

Both easement by estoppel (based on detrimental reliance on the license) and adverse possession (10-year open, notorious, hostile, continuous possession) are viable defenses if their respective elements are established.

Under New York law, which of the following is TRUE regarding a 'fee simple subject to a condition subsequent'?

Answer: The grantor retains a right of entry (power of termination) and must take affirmative action to reclaim the property upon breach

In a fee simple subject to condition subsequent, the grantor retains a right of entry (power of termination) and must affirmatively exercise it to reclaim the property; title does not automatically revert.

A buyer purchases commercial real property in New York and later discovers that a neighboring lot is burdened by an express easement that runs in favor of the purchased property. The prior owner never told the buyer about the easement. Which of the following is MOST accurate?

Answer: The easement runs with the dominant estate and benefits the buyer as the new owner, provided it was properly created and recorded

An appurtenant easement runs with the dominant estate automatically and benefits each successive owner of the dominant tenement without any need for re-conveyance.

Under New York's Real Property Actions and Proceedings Law (RPAPL), a mortgagee seeking to foreclose on a defaulted mortgage must:

Answer: Bring a judicial foreclosure action in Supreme Court, provide required notices, and comply with RPAPL § 1304 pre-foreclosure notice for residential properties

New York is a judicial foreclosure state; mortgagees must bring a court action in Supreme Court, and for residential mortgages must comply with RPAPL § 1304's 90-day pre-foreclosure notice requirement.