Property Law Flashcards

A grantor conveys land "to A for life, then to B and her heirs." What interest does B hold during A's lifetime?

Answer: A vested remainder in fee simple

B is an ascertained person with no condition precedent, so B holds a vested remainder in fee simple absolute.

Under South Carolina law, what is the statutory period required to acquire title by adverse possession?

Answer: 10 years

South Carolina requires 10 years of continuous, open, notorious, hostile, and exclusive possession under S.C. Code § 15-67-210.

A landowner sells the back half of his parcel, which has no road access except across the retained front half. No easement is mentioned in the deed. What easement most likely arises?

Answer: Easement by necessity

Severance of a commonly owned parcel that leaves one portion landlocked creates an easement by necessity over the retained land.

South Carolina follows which type of recording statute?

Answer: Race-notice

South Carolina is a race-notice jurisdiction, protecting subsequent purchasers who take without notice and record first.

A tenant with a one-year lease remains in the apartment after the lease expires and the landlord accepts a monthly rent check. What tenancy is created?

Answer: A periodic tenancy

Acceptance of rent from a holdover tenant converts the tenancy at sufferance into a periodic tenancy measured by the rent payment interval.

Which of the following covenants of title is breached, if at all, only at the time of conveyance?

Answer: Covenant of seisin

The covenant of seisin is a present covenant breached, if ever, at the moment of delivery of the deed.

O conveys "to A and B as joint tenants with right of survivorship." A then conveys her interest to C. What is the state of title?

Answer: B and C hold as tenants in common

An inter vivos conveyance by one joint tenant severs the joint tenancy, leaving the grantee and the remaining cotenant as tenants in common.