Rights in real property Bar Exam Flashcards - Medical Study Cards
Master Rights in real property 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.
Rights in real property Flashcard Deck - 10 Cards
Flashcard 1: What is the life tenant’s duty regarding waste?
Answer: A life tenant must avoid voluntary waste, permissive waste, and ameliorative waste that substantially changes the property’s character without the future interest holder’s consent. The majority rule permits reasonable alterations when the property’s market value is not harmed.
Flashcard 2: What is a fee simple subject to condition subsequent?
Answer: It may be terminated by the grantor’s exercise of a right of entry after a stated condition occurs, typically using language such as “but if” or “on condition that.” Termination is not automatic.
Flashcard 3: What is a fee simple determinable, and what interest does the grantor retain?
Answer: A fee simple determinable is an estate that automatically terminates upon the occurrence of a stated event, usually signaled by words such as “so long as” or “until.” The grantor retains a possibility of reverter.
Flashcard 4: What are common methods for terminating an easement?
Answer: An easement may terminate by its express terms, release, merger of the dominant and servient estates, abandonment shown by intent to abandon plus an act or omission, estoppel, prescription, or an end to the necessity for an easement by necessity.
Flashcard 5: What elements are generally required for an equitable servitude to bind successors?
Answer: The claimant must show a writing satisfying the Statute of Frauds or an applicable exception, intent that successors be bound, notice to the successor, and that the restriction touches and concerns the land or satisfies the Restatement’s benefit-and-burden test. The restriction must also be enforceable under any applicable public-policy limitation.
Flashcard 6: What elements are generally required to create an easement by necessity?
Answer: An easement by necessity requires severance of commonly owned parcels, necessity for access at the time of severance, and the necessity must result from the severance. It generally lasts only while the necessity continues.
Flashcard 7: What is the default form of concurrent ownership when a conveyance does not specify otherwise?
Answer: The majority rule is that co-owners take as tenants in common, with each owning an undivided fractional interest. A joint tenancy requires language creating survivorship, and a tenancy by the entirety generally requires a conveyance to married spouses where recognized.
Flashcard 8: What is the effect of one joint tenant’s conveyance of the tenant’s interest?
Answer: Under the majority rule, the conveyance severs the joint tenancy as to that interest, converting it into a tenancy in common while the remaining joint tenants retain survivorship rights between themselves.
Flashcard 9: What are the majority elements for an easement by prescription?
Answer: Use must be open and notorious, adverse or without permission, continuous and uninterrupted for the statutory period, and under a claim of right. The required period is set by the jurisdiction’s adverse-possession statute.
Flashcard 10: How is the scope of an easement determined?
Answer: The scope is determined first by the easement’s express terms; if unclear, courts consider the parties’ intent, the circumstances of creation, and reasonable use consistent with the easement’s purpose. The easement holder may not materially increase the burden on the servient estate.
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