Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
REAL PROPERTY FLASH
CARDS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
REAL PROPERTY SHOPPING
LIST
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
REAL PROPERTY SHOPPING LIST
1. ADVERSE POSSESSION. Squatter, Tenancy at Sufferance / Holdover
Tenant, Easement by Prescription, Co-Tenant Ouster.
2. LAND-SALE CONTRACT, DEEDS, and MORTGAGES.
3. LANDLORD / TENANT.
4. COVENANTS AND EQUITABLE SERVITUDES.
5. EASEMENTS.
6. CO-TENANTS, CONCURRENT ESTATES.
7. PRESENT AND FUTURE INTERESTS.
8. MISC. RIGHTS. Zoning, Water and Air Rights, Subjacent, Nuisance,
Trespassing, etc.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
ADVERSE POSSESSION
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
ADVERSE POSSESSION
ADVERSE POSSESSION.
OPEN, VISIBLE AND NOTORIOUS.
ACTUAL AND EXCLUSIVE.
CONTINUOUS FOR THE STATUTORY PERIOD.
Tacking.
DISABILITY.
CLAIM OF TITLE or COLOR OF TITLE.
CO-ADVERSE POSSESSOR.
EQUITABLE COVENANTS.
APPLICABLE FOR:
EASEMENTS BY PRESCRIPTION.
HOLDOVER TENANTS.
LAND-SALE DISPUTES.
SQUATTERS.
CO-TENANT OUSTER.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE LAND-SALE CONTRACT
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE LAND-SALE CONTRACT
THE STATUTE OF FRAUDS.
EXCEPTION: Part Performance, Improvement, Possession.
IMPLIED COVENANT OF MARKETABLE TITLE.
NO FALSE STATEMENT OF MATERIAL FACT.
NO WARRANTIES OF FITNESS OR HABITABILITY.
RISK OF LOSS / EQUITABLE CONVERSION.
TIME, TITLE, TENDER, CLOSING.
THE CLOSING / MERGER / DEED.
ENCUMBRANCES.
BREACH OF CONTRACT, REMEDIES.
RECISSION, DAMAGES, SPECIFIC PERFORMANCE.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE DEED / PASSING OF
TITLE
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE DEED / PASSING OF TITLE
DEED FORMALITIES.
LAWFUL DEED EXECUTION.
CONVEYANCE THROUGH A WILL.
DEED DELIVERY AND ACCEPTANCE.
PRESENT INTENT TO TRANSFER.
ORAL CONDITIONS.
RECORDED DEEDS.
CONDITIONAL DELIVERY.
REJECTION OF THE DEED.
REFORMATION OF A DEED.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
TYPES OF DEEDS
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
TYPES OF DEEDS
GENERAL WARRANTY DEED.
COVENANTS OF TITLE.
PRESENT COVENANTS.
Seisin.
Right to Convey.
Against Encumbrances.
FUTURE COVENANTS.
Quiet Enjoyment.
Warranty.
Further Assurances.
SPECIAL WARRANTY DEED.
QUITCLAIM DEED.
DEFECTIVE DEEDS.
COLLATERAL DOCUMENT RULE.
TITLE ASSURANCE.
Title Opinions and Abstracts.
Title Insurance Policies.
POWER OF ATTORNEY / AGENCY.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
RECORDING ACTS
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
RECORDING ACTS
BONA FIDE PURCHASER FOR VALUE.
TAKING WITHOUT NOTICE.
ACTUAL NOTICE.
CONSTRUCTIVE / RECORD NOTICE.
INQUIRY NOTICE.
STATUTES.
PURE RACE STATUTE.
NOTICE STATUTE.
RACE-NOTICE STATUTE.
CHAIN OF TITLE.
SHELTER RULE.
WILD DEED.
ESTOPPEL BY DEED.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
MORTGAGE AND
FORECLOSURE
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
MORTGAGE AND FORECLOSURE
THE MORTGAGE.
LEGAL MORTGAGE.
EQUITABLE MORTGAGE.
TRANSFER OF INTEREST.
BY MORTGAGEE.
Holder in Due Course.
BY MORTGAGOR.
Assumption of Mortgage.
Subject to a Mortgage.
DUE ON SALE CLAUSES.
FORECLOSURE.
BUYER AT FORECLOSURE.
LIENHOLDERS.
JUDICIAL FORECLOSURE.
POWER OF SALE FORECLOSURE.
PRIORITIES.
MULTIPLE MORTGAGES.
PURCHASE MONEY MORTGAGE.
PARTITION OF LAND.
EQUITABLE REDEMPTION.
STATUTORY REDEMPTION.
SUBROGATION.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
LANDLORD - TENANT
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
LANDLORD - TENANT
DEPENDENCE OF COVENANTS.
STATUTE OF FRAUDS.
TYPES OF TENANCIES.
TENANCY FOR YEARS.
PERIODIC TENANCY.
TENANCY AT WILL.
TENANCY AT SUFFERANCE.
TERMINATION.
PERIODIC TENANCY.
RETALIATORY EVICTION.
SURRENDER.
ABANDONMENT.
SELF-HELP EVICTION.
SUMMARY EVICTION.
TENANCY AT SUFFERANCE / HOLDOVER
TENANT.
CONDEMNATION.
LOSS DUE TO FORCE OF NATURE.
COVENANTS / RIGHTS AND DUTIES.
RENT.
POSSESSION.
QUIET ENJOYMENT.
CONSTRUCTIVE EVICTION.
HABITABILITY.
RETALIATORY EVICTION.
ILLEGAL LEASE DOCTRINE.
DUTY TO REPAIR.
FIXTURES.
WASTE. Affirmative, Permissive, Ameliorative.
TORT LIABILITY.
TRANSFER OF LEASE INTEREST. Assignment, Sub-Lease.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
REAL COVENANTS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
REAL COVENANTS
REAL COVENANTS. A Holder of a Real Covenant has holder has the right
to restrict a 3rd party in the use of the land.
BURDEN RUNNING WITH THE LAND / BINDING SUCCESSORS.
Writing, Intent, Touch and Concern, Notice, Horizontal Privity, Vertical Privity.
BENEFIT RUNNING WITH THE LAND / BINDING SUCCESSORS.
Writing, Intent, Touch and Concern, Vertical Privity, No Horizontal Privity.
SUB-DIVISIONS. Condominiums, Planned Development.
DEFENSES. Unclean Hands, Acquiescence, Laches, Estoppel.
REMEDY. MONETARY DAMAGES.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
EQUITABLE SERVITUDES
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
EQUITABLE SERVITUDES
EQUITABLE SERVITUDES. Promise concerning use of land that
benefits and burdens original parties and their successors and is
enforceable through injunction. No need for privity.
BURDEN RUNS TO PROMISOR'S SUCCESSORS. Writing,
Intent, Touch and Concern, Notice.
BENEFIT RUNS TO SUCCESSORS. Writing, Intent, Touch and
Concern.
DEFENSES. Unclean Hands, Acquiescence, Laches, Estoppel.
TERMINATION. Deeds of Release, Merger, Condemnation,
Abandonment, Changed Conditions.
REMEDY. INJUNCTIONS.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
EASEMENTS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
EASEMENTS
EASEMENT APPURTENANT or
EASEMENT IN GROSS.
CREATION.
EXPRESS EASEMENT BY GRANT.
IMPLIED EASEMENTS.
IMPLICATION THROUGH PRIOR USE of
COMMON GRANTOR.
NECESSITY.
BY PRESCRIPTION.
NEGATIVE EASEMENTS.
SCOPE OF EASEMENT.
TERMINATION OF EASEMENT.
Merger, Release, Abandonment, Estoppel,
Excessive Use, By Prescription, Termination
of Necessity Elements, Destruction,
Severance, Condemnation, Operation of
Recording Act.
TRESPASS UPON EASEMENT.
LICENSES.
TRANSFER OF EASEMENT.
PROFITS.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
CONCURRENT OWNERSHIP
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
CONCURRENT OWNERSHIP
JOINT TENANCY.
FOUR UNITIES. Title, Time, Interest, Possession.
RIGHT OF SURVIVORSHIP.
TENANCY IN COMMON.
NO RIGHT OF SURVIVORSHIP.
FAVORED BY COURTS.
TERMINATION.
RIGHT OF SURVIVORHIP / DEATH.
SALE.
PARTITION.
MORTGAGE. Lien Theory, Title Theory.
AGREEMENT.
TENANCY BY THE ENTIRETY.
FIVE UNITIES. Person, Time, Title, Interest, Possession.
RIGHTS AND DUTIES OF CO-TENANTS.
NO NEED TO ACCOUNT TO OTHER CO-TENANTS.
POSSESSION.
OUSTER. Adverse Possession.
RENTS AND PROFITS.
CARRYING COSTS / ENCUMBRANCES.
REPAIRS.
IMPROVEMENTS.
CONTRIBUTION.
WASTE. Affirmative, Permissive, Ameliorative.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
PRESENT AND FUTURE
INTERESTS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
PRESENT AND FUTURE INTERESTS
FEE SIMPLE ABSOLUTE. No Future Interest.
FEE SIMPLE DETERMINABLE. Possibility of Reverter.
FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT. Right of Entry.
FEE SIMPLE SUBJECT TO AN EXECUTORY INTEREST. Future interest in
3rd Person, Subject to RAP.
FEE TAIL. Make into a Fee Simple.
LIFE ESTATES.
REVERSION. Future estate in grantor, Reversion. Doctrine of Worthier Title.
VESTED REMAINDER. Ascertainable, No Conditions. Vested Remainder:
Indefeasibly Vested Remainder, Vested Remainder Subject to Total Divestment,
Vested Remainder Subject to Open.
CONTINGENT REMANDER. Non-Ascertainable Persons, Condition
Precedent. RAP. Destructibility of Contingent Remainders, The Old Rule in
Shelly's Case.
DUTIES OF A LIFE TENANT. Waste, Taxes, Mortgages, Damage Caused by
Others, Account.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE RULE AGAINST
PERPETUITIES
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
THE RULE AGAINST PERPETUITIES
RAP APPLIES TO.
EXECUTORY INTEREST.
VESTED REMAINDERS SUBJECT TO OPEN.
CONTINGENT REMAINDER.
IDENTIFY CONDITIONS.
MEASURING LIFE.
EXAMPLES. Life Estates, Class Gifts, Shifting Executory Interests, Charity-toCharity Exception, Fertile Octogenarian, Right of First Refusal, Perpetuities
Savings Clauses.
MODERN REFORMS OF RAP.
WAIT AND SEE / SECOND LOOK DOCTRINE.
UNIFORM RULE AGAINST PERPETUITIES / USRAP.
CY PRES DOCTRINE.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
MISC. RIGHTS
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
REAL PROPERTY
MISC. RIGHTS
LATERAL AND SUBJACENT SUPPORT.
LATERAL SUPPORT.
SUBJACENT SUPPORT.
RIGHTS IN AIRSPACE.
EMINENT DOMAIN.
5TH AMENDMENT TAKINGS.
PUBLIC PURPOSE.
JUST COMPENSATION.
WATER RIGHTS.
RIPARIAN RIGHTS.
Domestic User v. Commercial User.
PRIOR APPROPRIATION DOCTRINE.
GROUNDWATER.
SURFACE WATER.
DEDICATION OF LAND TO THE PUBLIC.
ZONING.
VARIANCE.
NON-CONFORMING USE.
EXACTIONS.
NUISANCE.
CROPS.
PUBLIC NUISANCE.
FRUCTUS NATURALES.
PARTICULARIZED DAMAGE FOR INDIVIDUALS. FRUCTUS INDUSTRIALES / EMBLEMENTS.
PRIVATE NUISANCE.
UNREASONABLE, SUBSTANTIAL
TRESPASS TO LAND.
INTERFERENCE.
ENCROACHMENT / CONTINUING TRESPASS.
GOOD FAITH IMPROVEMENTS.
COPYRIGHT 2010 MR. PATRICK GOULD, J.D. , M.A.