This is a timed quiz. You will be given 60 seconds per question. Are you ready?
When the youngest sister sold, she sold a one-third interest only and broke up the joint tenancy only with respect to that one-third interest. This left the two sisters as joint tenants as to a two-thirds interest, which they held as tenants in common with the purchaser for value, who held a one-third interest.
Promises by the burdened party may create a reliance or expectation interest in the benefiting party. Easements by estoppel are created where the burdened party makes such promises but they are not put in writing, and the benefiting party makes expenditures in reliance on the promises. If the buyer acted in a good faith belief in the promises made, then the court may find that an estoppel easement must be created.
A suit for specific performance cannot be enforced in favor of one who has not fully and fairly performed all conditions precedent on his part. Failure to pay the money within the specified time deprives the purchaser of his right of action to enforce performance. If he had a problem with the title search he had a duty to complain and demand a refund, but he did not do that.
The life estate holder is allowed to convey his interest while alive, but that interest only lasts while that life estate owner remains alive. Upon the life estate holder’s death, the fee simple title reverts back to the owner. The conveyance by the friend to his brother is for the life of the friend and ceases on his death. The current legal action of owner must fail. The owner gets the property back by operation of law on the death of the friend, and at that time he may bring an eviction action against friend’s brother.
Buyer builds up an equitable ownership interest as the payments are made. The interest of the parties here can only be determined by a sale of the property after foreclosure proceedings with provisions for disposing of the surplus or for a deficiency judgment. The vendee acquires equitable title and the vendor merely holds the legal title in trust for the vendee, subject to the vendor's equitable lien for the payment of the purchase price in accordance with the terms of the contract. The vendor may not enforce his rights by the simple expedience of an action in ejectment but must instead proceed to foreclose the vendee's equitable title or bring an action at law for the purchase price, neither of which remedies plaintiffs have sought.
Generally, modern cases hold that a document should be interpreted if feasible to avoid the conclusion that it violates the rule against perpetuities. The mandates for expeditious action, to start forthwith and complete within a reasonable time all militate toward finishing within 21 years. The court will not assume that the parties will breach their promises in order to be able to apply the rule against perpetuities to invalidate the transaction. See Wong v. Di Grazia, 60 Cal. 2d 525(Cal. Supreme Court 1963).
The agreement was substantially performed and then frustrated in its rental payments by the roof caving in, which remained the landlord’s responsibility, and was a breach of the warranty of habitability. Thus, the tenant was ultimately not at fault for not submitting the last few rental payments, and many states do now allow for placing the money in a restricted escrow account pending determination of the legal issues. The landlord’s at-fault breach does not give him the right to nonperformance of the purchase agreement. She substantially performed and is ready with the balance of the money on the closing date, so that the sale will be enforced by specific performance.
At the end of the redemption period, if the former homeowner cannot exercise the right of redemption, the new owners have the right to evict them. Here, the couple will be able to exercise the right of redemption, assuming they have sufficient funds to do so, and title will revert back to them by order of court.
It is generally held that four and five-acre limitations are too restrictive and constitute an arbitrary use of the police power. Municipalities, furthermore, are not allowed to prevent development of the locality by zoning that is overly harsh and restrictive. If a group of private persons wants to keep an area rural they can together buy the land and not develop it. Otherwise, reasonable development must be allowed in a zoning framework that is fairly designed to meet a variety of needs and allow for a variety of types of growth.
The document would require a more clear description of the property to be sold, a more clear statement of the purchase price, amount and disposition of earnest money, date of closing and that time is of the essence. Most of these are missing and it leaves too much to guess-work, which is not an enforceable agreement. Rescission will be ordered.
The contingency protected the buyer in the event that he could not get a standard mortgage or if he could get no mortgage. Here, the high interest rate and the variations from a conventional fixed-rate loan were too drastic to compel the buyer to accept it.
Voluntary waste is the willful destruction and carrying away of something that is attached to the premises. It creates injury and some form of damage to the leased premises. Although he is conducting a business, this particular business is like strip mining, where once the activity is completed, there is no further profit to be gained but instead the property has lost in its intrinsic value and turned into an eyesore. In all likelihood, damages and an injunction would be granted in this case.
The reversion back to the aunt is implied by the circumstances. If the deed and/or will stated that someone else would inherit the remainder on the nephew’s death, then that person would take the fee simple. Otherwise, it is implied that it must go back to the original grantor, in this case being the aunt.
A license is the permission to do an act or series of acts on another’s land without possession of any estate in the land. An oral license without any consideration being paid for the use of the license is revocable at the will of the person granting the license. A license is thus mere permission to perform a certain act. A license in writing for which consideration is paid can be irrevocable, depending on the circumstances. The above example has no indication of being compensated or having any other characteristics of becoming irrevocable.
The agreement was substantially performed and then frustrated in its rental payments by the roof caving in, which remained the landlord’s responsibility, and was a breach of the warranty of habitability. Thus, the tenant was ultimately not at fault for not submitting the last few rental payments, and many states do now allow for placing the money in a restricted escrow account pending determination of the legal issues. The landlord’s at-fault breach does not give him the right to nonperformance of the purchase agreement. She substantially performed and is ready with the balance of the money on the closing date, so that the sale will be enforced by specific performance.
This was a withdrawal of sale within the terms of the agreement and thus an enforceable contractual provision. The parties to a broker's contract for the sale of real property are at liberty to make the compensation depend upon any lawful conditions they see fit to place therein. See Blank v. Borden, 524 P. 2d 127 (Cal. Supreme Court 1974).
Where the “seller” had only an inheritance expectation which could have been defeated by a will or a prior conveyance, he has no vested ownership interest to convey. There are no warranties of title and no interest was conveyed. See Black's Law Dictionary 1126 (5th ed. 1979) (a quitclaim deed is a deed of conveyance intending to pass any title, interest or claim of the grantor, but not professing valid title, nor containing any warranties of title); Porter v. Wilson, 389 S.W.2d 650, 655-56 (Tex. 1965). Nor can this be changed by the later inheritance of the quitclaim seller. See Roberts v. Corbett, 265 SW 2d 127 (TX Ct of Civ. App. 1954). The quitclaim conveyance of any “right, title or interest” owned at the time of conveyance is like a release, and does not bring about an estoppel regarding after after-acquired property, whereas a warranty deed may have an estoppel result. A quitclaim deed does not work an estoppel or carry an after-acquired title. Marriage o Broderick, 257 Cal.Rptr. 397, 209 Cal.App.3d 489 (1989); (Accord, Klamath Land & Cattle v. Roemer, 12 Cal.App.3d 613, 618, 91 Cal.Rptr. 112.
It’s true that specific performance will not be granted where the terms are not definite enough to perform. Here, the “demised premises” does not include the additional adjoining grounds because, for one thing, the property is specifically determined by the dimensions included at the referenced deed book and page number. The term “market value” at a certain time has been held sufficiently definite to determine a price for the property. Where a contract specifies that the price is to be measured by the "fair market value" or "reasonable value" of the property involved, courts have generally held that the price is sufficiently certain to enforce the agreement. Moreover, the law recognizes in the area of enforceability of contracts the maxim, "id certum est quod certum reddi potest" (that is certain which can be made certain). See Portnoy v. Brown, 430 Pa. 401 (Pa. Supreme Court 1968).
Please select 2 correct answers
A quiet title action is the usual method to clear title. It is a lawsuit filed by the current owner against whoever holds an outstanding claim against the real estate giving that party and his heirs a certain number of days to bring an action in ejectment against the current owners or forever give up any claims that they may have. In most instances, these actions are against long-ago predecessors, so that more often than not there is no answer filed. This leads ultimately to a final judgment against those persons and their heirs. When the actual whereabouts of the predecessor with the outstanding claim cannot be found, a quiet title action is served by obtaining a court order that authorizes service by notice in a local newspaper and usually also a publication of the bar that is designated for such notices.
Under a notice statute, a subsequent purchaser for value wins if, at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance. Under a race statute, priority is determined by who wins the race to the recording office. With the race-notice statute, the subsequent purchaser for value wins if (1) at the time of conveyance, that subsequent purchaser had no actual or constructive notice of a prior conveyance, and (2) the subsequent purchaser records before the prior purchaser. Buyer three acted without notice and filed first, giving him the clear advantage over buyer one, who never recorded, and buyer two who was not innocent and who recorded after buyer three. In a typical race-notice statute, an unrecorded conveyance is void against any subsequent purchaser in good faith and for valuable consideration of the same real estate ... where that subsequent purchaser has recorded his deed first. See Utah Farm Production Credit v. Wasatch Bank, 734 P. 2d 904, 906 (Utah: Supreme Ct 1986). See also, Cox v. RKA CORP, 753 A. 2d 1112, 1116-17 (NJ Supreme Ct 2000).
These words give the remainder of the estate, after his wife's decease or remarriage, to the son. They manifest the testator’s intention to make a future provision for his son as clearly as the first part of the bequest manifests his intention to make an immediate provision for his wife. The devise of a remainder clearly limits the extent of the wife’s interest to a life estate. The fact that there must be a remainder on her death going to her son shows that she did not get a fee simple. See Giles v. Little, 104 US 291 (1881).
The estate conveyed was a fee simple determinable. If the friend (grantee) violates the restriction, the property reverts back to the man who conveyed it ( the grantor), or to some third party named by the grantor, in the deed. This potential loss of title by the grantee is a future interest in the grantor which is called a possibility of reverter. Some state laws may affect the strength or extent of the possibility of reverter. It is called a "possibility of reverter" because the event upon which the limitation depends may never occur. In the meantime, the grantee has a fee simple estate. See, e.g., Jacobs v. CNG Transmission Corp., 332 F. Supp. 2d 759, 773 (W.D. Pa. 2004).
If real property is conveyed and is landlocked from the highway, the grantee is entitled by necessity to go over the lands of the original grantor who divided the property. The easement by necessity is defined by the reasonable and lawful uses of the dominant estate. An easement of necessity is not limited by its original use, but is allowed to accommodate reasonable changes. It has been said that an easement of necessity is coextensive with the reasonable needs, present and future, of the dominant estate consistent with the reasonable enjoyment of the servient estate. Tiffany, Real Property 345 (3d ed. 1939); see also Powell on Real Property 518 (1970). See, e.g., Fristoe v. Drapeau, 35 Cal. 2d 5, 215 P. 2d 729 (1950); Ragona v. DiMaggio, 42 Misc. 2d 1042, 249 N.Y.S. 2d 705 (1964); Soltis et ux. v. Miller, 444 Pa. 357 (1971); see generally 28 C.J.S. Easements § 88.
The right of first refusal was intended to be triggered if the “owners” offered the property for sale and if they received a bona fide offer, none of which happened. The intent was to apply to the offering to the public of the combined interest of both owners. The agreement could have, but did not state, that the owners gave a right of first refusal to meet any bona fide offer for the purchase of either or both of their interests in the property to a third person or to each other. The agreement simply did not apply to one of the owners buying the other owner’s interest and combining ownership in one of them. There was not a bona fide offer because it was never offered for sale – this was an internal matter for the two sons to get a cash interest from their inheritance and turn over the property in return. The investor still has a right to exercise the right should owner two decide to sell.
In the leading case of Edwards v. Habib 397 F.2d 687 (D.C. Cir.1968), the federal Court of Appeals held that a landlord was not empowered to evict in retaliation for his tenant's reporting of housing code violations to the authorities. The court reasoned that the housing codes could not effectively be enforced unless tenants could report violations by landlords without fear of reprisals.
At the end of the redemption period, if the former homeowner cannot exercise the right of redemption, the new owners have the right to evict them. Here, the couple will be able to exercise the right of redemption, assuming they have sufficient funds to do so, and title will revert back to them by order of court.
