Landlord and tenant law Bar Exam Flashcards - Medical Study Cards
Master Landlord and tenant law 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.
Landlord and tenant law Flashcard Deck - 9 Cards
Flashcard 1: How do a fee simple determinable and a fee simple subject to a condition subsequent differ?
Answer: A fee simple determinable ends automatically upon the stated event and is followed by a possibility of reverter, while a fee simple subject to a condition subsequent continues until the grantor exercises a right of entry after the event.
Flashcard 2: 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 3: What right does each cotenant have to possess jointly owned property?
Answer: Each cotenant has an equal right to possess and use the entire property, subject to the other cotenants’ equal rights. A cotenant who wrongfully excludes another may be liable for the excluded cotenant’s share of the rental value.
Flashcard 4: 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 5: 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 6: 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 7: 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 8: 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 9: 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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