Real Property Flashcards

An adverse possessor in Pennsylvania must satisfy which time period of continuous, open, notorious, hostile, and actual possession to bring a claim?

Answer: 21 years

Pennsylvania requires 21 years of adverse possession to ripen into title, which is longer than the typical 10-year period used in many other states.

In Pennsylvania, a mortgage is treated under which legal theory, giving the mortgagor the right to remain in possession until foreclosure?

Answer: Lien theory

Pennsylvania follows the lien theory of mortgages, meaning the mortgagee holds only a security interest (lien) and the mortgagor retains legal title and possession until foreclosure.

A fixture in Pennsylvania is generally treated as real property. Under the UCC, a secured creditor's fixture filing prevails over the real property mortgagee if the fixture filing is recorded:

Answer: Before the goods become fixtures or within 20 days after the goods become fixtures

Under UCC Article 9, a purchase money security interest in fixtures perfected by a fixture filing before or within 20 days of the goods becoming fixtures has priority over a conflicting real property mortgage.

Under the doctrine of equitable conversion, if a buyer and seller enter a land sale contract and the property is destroyed before closing, who bears the risk of loss under traditional common law rules?

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

Under equitable conversion, once a valid land sale contract is formed, equitable title passes to the buyer, who bears the risk of loss even though the seller retains legal title until closing.

In Pennsylvania, the Statute of Frauds requires that a contract for the sale of real property must be:

Answer: In writing and signed by the party to be charged

Under the Statute of Frauds, a contract for the sale of land must be in writing and signed by the party against whom enforcement is sought.

A restrictive covenant in a residential subdivision will run with the land at law and bind subsequent purchasers if which element is NOT satisfied?

Answer: The original parties were strangers to the title

For a covenant to run with the land at law, the covenanting parties must be in privity of estate (typically grantor-grantee), not strangers to the title; stranger parties cannot create enforceable real covenants.

Under Pennsylvania zoning law, a property owner who wishes to use property in a manner inconsistent with current zoning regulations may seek which type of relief to depart from the literal terms of the zoning ordinance due to unique hardship?

Answer: Variance

A variance permits a property owner to deviate from zoning requirements where literal enforcement would cause unnecessary hardship due to the property's unique characteristics.