Fair housing and restraints on alienation — Flashcards

8 flashcards

What are the requirements for creating a joint tenancy under the majority rule?

Under what circumstances does judicial enforcement of a private racially restrictive covenant become unconstitutional, and what is the key case establishing this rule?

After a tenant assigns their lease, what is the liability of the original tenant and the assignee to the landlord for rent?

What estate is created by a conveyance “to A, but if alcohol is ever sold on the premises, then to B”?

Are words of inheritance required to convey a fee simple under the modern majority rule?

What is a life estate, and what future interest follows a life estate created in the grantor?

What feature distinguishes a tenancy by the entirety from a joint tenancy?

What is a tenancy in common?

Fair housing and restraints on alienation Bar Exam Flashcards - Medical Study Cards

Master Fair housing and restraints on alienation with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.

Fair housing and restraints on alienation Flashcard Deck - 8 Cards

Flashcard 1: What are the requirements for creating a joint tenancy under the majority rule?

Answer: The four unities are time, title, interest, and possession: the joint tenants must acquire equal interests at the same time, through the same instrument, with equal rights to possess. A joint tenant’s conveyance severs the joint tenancy as to that interest and creates a tenancy in common.

Flashcard 2: Under what circumstances does judicial enforcement of a private racially restrictive covenant become unconstitutional, and what is the key case establishing this rule?

Answer: Judicial enforcement of a private racially restrictive covenant becomes unconstitutional when it constitutes state action, violating the Fourteenth Amendment's Equal Protection Clause. This was established in *Shelley v. Kraemer*.

Flashcard 3: After a tenant assigns their lease, what is the liability of the original tenant and the assignee to the landlord for rent?

Answer: The original tenant remains liable to the landlord under privity of contract. The assignee is liable to the landlord under privity of estate for covenants running with the land, such as rent, while they hold the estate.

Flashcard 4: What estate is created by a conveyance “to A, but if alcohol is ever sold on the premises, then to B”?

Answer: A has a fee simple subject to an executory limitation, and B has an executory interest. If the stated event occurs, B automatically takes possession without the grantor’s reentry or election.

Flashcard 5: Are words of inheritance required to convey a fee simple under the modern majority rule?

Answer: No. Under the modern majority rule, a conveyance to a person without a stated duration presumptively creates a fee simple absolute; words such as “and heirs” are unnecessary.

Flashcard 6: What is a life estate, and what future interest follows a life estate created in the grantor?

Answer: A life estate lasts for the life of a specified person and is inalienable as to its duration; the life tenant cannot convey a greater estate. When the grantor retains the future interest, it is a reversion.

Flashcard 7: What feature distinguishes a tenancy by the entirety from a joint tenancy?

Answer: A tenancy by the entirety is available only to married spouses in states recognizing it and includes a right of survivorship. Generally, neither spouse may unilaterally convey or encumber the property without the other spouse’s consent.

Flashcard 8: What is a tenancy in common?

Answer: A tenancy in common is concurrent ownership in which each cotenant holds a separate fractional interest with an equal right to possess the whole property. There is no right of survivorship, so a deceased cotenant’s interest passes by will or intestacy.

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Fair housing and restraints on alienation Flashcards for Bar Exam

Study 8 flashcards on Fair housing and restraints on alienation for Bar Exam Real Property. These active recall cards cover the key concepts, clinical associations, and high-yield facts from this chapter of Ownership of real property. Each card is designed to test your understanding rather than just recognition, building stronger and more durable memories for exam day.

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There are 8 flashcards for Fair housing and restraints on alienation, covering the key concepts, clinical correlations, and high-yield facts from this chapter of Ownership of real property.

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