Real Property Flashcards

In Pennsylvania, which type of easement is created by operation of law when a grantor conveys a landlocked parcel with no other access to a public road?

Answer: Easement by necessity

An easement by necessity arises by operation of law when a parcel is landlocked and access requires crossing the grantor's retained land, based on the presumed intent of the parties.

A tenancy by the entirety in Pennsylvania can only be created between:

Answer: Married couples only

A tenancy by the entirety is a form of co-ownership available only to legally married spouses, treating them as a single legal unit with full right of survivorship.

Under the implied warranty of habitability in Pennsylvania residential leases, a landlord's breach allows a tenant to:

Answer: Withhold rent, repair and deduct, or terminate the lease depending on the severity

When a landlord breaches the implied warranty of habitability, Pennsylvania tenants may withhold rent, repair the defect and deduct the cost, reduce rent, or terminate the lease depending on the circumstances.

In Pennsylvania, a deed conveying real property must be delivered to be effective. Which of the following constitutes a valid delivery?

Answer: The grantor physically hands the deed to the grantee with intent to transfer title

Delivery requires both the physical or constructive transfer of the deed AND the grantor's intent to make a present transfer of title; the grantor handing the deed to the grantee with intent satisfies both elements.

Under Pennsylvania eminent domain law, a property owner is entitled to 'just compensation' when the government takes private property. This amount is measured by:

Answer: The property's fair market value at the time of the taking

Just compensation under the Fifth Amendment and Pennsylvania law equals the fair market value of the property at the time of the taking — what a willing buyer would pay a willing seller.

A future interest retained by the grantor after conveying a fee simple defeasible estate that allows the grantor to reclaim the property upon the happening of a named condition is called a:

Answer: Possibility of reverter

A possibility of reverter is the future interest retained by the grantor when conveying a fee simple determinable; it arises automatically when the durational limitation is violated.

In Pennsylvania, the doctrine of after-acquired title (estoppel by deed) provides that when a grantor conveys property they do not yet own and later acquires title, the after-acquired title:

Answer: Automatically vests in the grantee

Under the doctrine of after-acquired title (estoppel by deed), title acquired by the grantor after a conveyance automatically inures to the benefit of the grantee by operation of law.