Property Law Flashcards

O conveys "to the school board so long as the land is used for school purposes." What interest does O retain?

Answer: A possibility of reverter

A fee simple determinable, created by durational language like "so long as," leaves the grantor a possibility of reverter that vests automatically.

A landlord fails to repair a broken heating system in winter despite repeated notice, making the apartment unlivable, and the tenant moves out. What doctrine excuses the tenant's rent obligation?

Answer: Constructive eviction

Constructive eviction relieves a tenant of rent liability when the landlord's breach substantially interferes with use and the tenant vacates within a reasonable time.

A buyer's title search reveals a properly recorded mortgage from a prior owner that was never satisfied. The buyer closes anyway using a general warranty deed from the seller. Which covenant is breached at closing?

Answer: The covenant against encumbrances

An outstanding mortgage is an encumbrance that breaches the present covenant against encumbrances at the moment of conveyance.

In South Carolina, a surviving spouse who is omitted from or dissatisfied with the deceased spouse's will may claim what share of the probate estate?

Answer: An elective share of one-third

South Carolina grants a surviving spouse an elective share of one-third of the decedent's probate estate under S.C. Code § 62-2-201.

Two adjacent landowners share a wall. One excavates on his own land, causing his neighbor's improved building to crack, though unimproved land would not have subsided. Is the excavator strictly liable?

Answer: No; strict liability applies only if the land would have subsided in its natural state

Strict liability for loss of lateral support applies only when land would have subsided in its natural, unimproved state; otherwise the plaintiff must prove negligence.

A seller contracts to sell land but dies before closing. Under equitable conversion, how is the seller's interest treated for succession purposes?

Answer: As personal property passing to those entitled to personalty

Once the contract is signed, equitable conversion treats the seller's remaining interest as personal property, namely the right to the purchase price.

A zoning ordinance is enacted after a store has lawfully operated for years in what is now a residential zone. What is the store's status?

Answer: A lawful nonconforming use that may generally continue

A use lawfully established before a zoning change is a nonconforming use that may continue, though it typically cannot be expanded.