Property Law Flashcards

A deed is signed and acknowledged but kept in the grantor's desk drawer until his death, when it is found addressed to his nephew. Is the conveyance valid?

Answer: No, because the deed was never delivered

A deed is ineffective without delivery, which requires the grantor's present intent to pass title during life.

A buyer signs a contract to purchase a home, and the house burns down before closing through no fault of either party. Under the majority equitable conversion rule, who bears the risk of loss?

Answer: The buyer

Under equitable conversion, the buyer holds equitable title once the contract is signed and therefore bears the risk of loss before closing.

A restrictive covenant limits lots in a subdivision to residential use. A new owner who had no actual knowledge of the covenant opens a business. What theory best allows neighbors to enforce the restriction against her?

Answer: Implied reciprocal servitude based on a common scheme with record or inquiry notice

A common scheme of development plus record or inquiry notice permits enforcement of implied reciprocal negative servitudes against subsequent purchasers.

A mortgagor in South Carolina defaults on her home loan. Which statement best describes the required foreclosure process?

Answer: Foreclosure must proceed judicially through the courts

South Carolina is a judicial foreclosure state, so lenders must obtain a court decree before a foreclosure sale.

A neighbor's use of a driveway across another's land began with the owner's oral permission. After 15 years of use, the neighbor claims a prescriptive easement. What is the likely result?

Answer: No easement, because permissive use is not hostile

Use that begins and continues with the owner's permission lacks the hostility required for a prescriptive easement.

H and W, a married couple, take title "as tenants in common." H dies intestate. Who takes H's one-half interest?

Answer: H's heirs under intestacy law

Tenancy in common carries no right of survivorship, so a deceased cotenant's share passes to his heirs or devisees.

A general warranty deed contains six covenants of title. Which covenant runs with the land and may be enforced by remote grantees?

Answer: The covenant of quiet enjoyment

Future covenants such as quiet enjoyment run with the land and protect remote grantees upon eviction by superior title.