MBE RP MISSED
Terms
undefined, object
copy deck
- easement by implication can arise either through:
- 1) necessity; or 2) previous use by a common owner
- covenants of warranty and quiet enjoyment are breached
- when grantee has been evicted from possession of the land by another with a superior title
- covenant against encumbrances provides protection
- for interests held by third parties such as easements for access
- Implied easement by previous use arises where:
- 1) plots of land in question were previously owned by the same party; and 2) that party crossed one plot to get to other by using an: a)apparent; b) continuous; & c) reasonably necessary route
- rights & duties of (TIC) tenants in common
- Co-tenants have a right to contribution from each other for certain expenditures such as taxes, mortgage payments and necessary repairs
- To prevail under a race-notice act
- a party must be a bona fide purchaser ("BFP") who: 1) was the first to record their deed (won the race); who also 2)acquired the land without notice of earlier purchasers. To be a BFP, a party must give value for their interest in the land
- doctrine of cy pres may be used
- when there is a general charitable intent but not when the terms of the conveyance state a limitation that must be complied with for the charity to avoid automatic termination of its possessory interest in the property
- Vested interests do not violate
- the RAP.
- land Conveyance req.that must be met to be valid for legal transfer of title is
- execution & deed delivery
- DEED execution req.
- deed is signed by the party to be charged (the seller)& Delivery of deed established by proven intent to pass title, even if the title document was never physically given to transferee.
- marketability of title - the time to object to it is
- prior to acceptance of the deed.
- Delivery of a deed is established
- by a proven intent to pass title, even if the title document was never physically given to the transferee
- Partition in kind,
- there is a physical division of the common property (preferred)
- partition by sale allowed when
- a fair & equitable physical division of the property is impossible.
- doctrine of merger provides that
- once a deed has been accepted it is too late to sue on title matters under the K of sale.
- possibility of reverter is not subject to
- RAP
- easement appurtenant -
- benefits a specific piece of land. It automatically runs w/land & after recorded for 1st time doesn't need to be re-identified in deeds accompanying later conveyances
- Equitable servitude in a deed is only enforceable where a party can establish:
- 1)intent for restriction to be enforceable by subsequent grantees; 2)the subsequent grantee had notice of the servitude; & 3) the restriction touches & concerns the land
- JT can't be created w/out....& can be terminated in 2 ways....
- "4 unities"(time, title, possession & interest)& can be terminated by: partition or severance. (ex: 1 JT makes an inter vivos conveyance of their interest severance occurs & transferred intrest is a TIC)(ex:1 JT executes mortgage: severance may also occur