Exam 24: Real Property

A deed where the grantor warrants against (and agrees to defend against) title defects and encumbrances that arose after she acquired the property is called:

What distinguishes a joint tenancy from a tenancy in common?

Jane and her brother each own a ½ interest in certain real property as tenants in common. Jane's interest:

Richard sells land to Jones but reserves the mineral rights to the property as well as an easement to enter the land to remove the minerals. Richard has acquired easement by:

Bari deeds Blackacre to Adam, Charlie, and David as joint tenants with right of survivorship. Adam then sells his interest in Blackacre to Sally. Soon after, Charlie dies. Who now owns Blackacre? In what form(s)? Discuss.

An easement by prior use is created by:

Jack and Jill moved to their dream home in Rural County. One month later, Otis decided to develop the back 10 acres of his 200-acre farm (nearly all of which had consisted of corn and soybean fields) into a hog-raising operation. Unfortunately for Jack and Jill, the said back 10 acres adjoined their property. Jack and Jill claimed that the smell of the hog operation was overwhelming and that they could no longer enjoy living in their dream home. They also thought the hog operation has caused their property value to decline substantially. Rural County had no zoning regulations in effect. Under what legal theory, if any, may Jack and Jill seek legal relief? Explain.

A fee simple absolute gives a person the right to possess and use property for a time measured by his or another person's lifetime.

Homeowner Ann Jameson entered into a 90-day exclusive right to sell listing agreement with a real estate broker, Bill Boor. One week later, Jameson sold the house to her neighbor, Jerry Mateo, who learned that the property was for sale when he saw the "for sale" sign in Jameson's yard. Boor contends that he is entitled to a commission on the sale. Is Boor entitled to a commission? Why or why not?

The power of eminent domain enables a private citizen to sue neighbours for any kind of nuisance.

Ivor, Queen, and Lear own a building as joint tenants with the right of survivorship. Ivor donated his interest in the building to Day Charity by executing and delivering a deed to Day. Both Queen and Lear refused to consent to Ivor's transfer to Day. Subsequently, both Lear and Queen died. After their deaths, Day's interest in the building consisted of:

Nancy, aged 70, has a vacant plot adjacent to her house which she intends to bequeath to her grandson Roy upon her death. However, an important railroad project is being undertaken nearby and the local authorities have informed Nancy that the new railroad will cover her vacant lot. They have also promised her compensation in return. Can the government take her property?

In order to "run with the land", a restrictive covenant must essentially:

One requirement of a joint tenancy is that the co-owners must be married.

Homer and Marge bought Blueacres as tenants in common with equal shares of ownership. One year later, Homer died, leaving a will in which he left his interest in Blueacres to his son, Bart. Under these circumstances:

A warranty that amounts to a guarantee that the house is free of latent defects that would render it unsafe or unsuitable for human habitation is called implied warranty of habitability.

Doug Dillard owns a house that he presently rents out to a family. Dillard would like to convert the house into commercial space (for a store or offices), because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling. The house is located, however, in an area zoned by the city for residential uses only. This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance, something the city has refused to do. Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment. Will Dillard win his case? Why or why not?

Which of the following is sufficient for a gift of real property to be valid?

A deed which provides notice to the public at large about the grantee's property interest is called a recorded deed.

Green and Nunn own a 40-acre parcel of land as joint tenants with the right of survivorship. Nunn wishes to sell the land to Ink. If Nunn alone executes and delivers a deed to Ink, what will be the result?