# Real Property II — Landlord-Tenant, Easements, Covenants, Adverse Possession, Recording Acts (Notice, Race-Notice) & Mortgages

> Comprehensive treatment of leasehold estates, habitability, easements, real covenants, equitable servitudes, adverse possession, marketable title, deeds, recording statutes, and mortgage priorities.

- **Canonical URL:** https://flashcards.world/flashcards/sets/a0d21a5f-074b-4d44-add1-145c7ad9982b/
- **Markdown URL:** https://flashcards.world/flashcards/sets/a0d21a5f-074b-4d44-add1-145c7ad9982b.md
- **Level:** intermediate
- **Languages:** en → en
- **Total Cards:** 32

## Flashcards (32 Cards)

| # | Front (Term / Prompt) | Back (Definition / Answer) | Example | Multiple-Choice Options |
| :--- | :--- | :--- | :--- | :--- |
| 1 | How do Tacking and Disabilities operate in Adverse Possession? | • Tacking: Successive periods of adverse possession by different possessors can be tacked together to satisfy statutory period ONLY IF there is PRIVITY of estate between possessors (transfer by deed, will, or intestate succession; no tacking between hostile ousters). • Disabilities: Statute of limitations is tolled IF true owner suffered from a legal disability (infancy, insanity, imprisonment) AT THE INCEPTION of the adverse possession. Disabilities arising after adverse possession begins do not toll statute. |  |  |
| 2 | What are a Landlord's remedies when a Tenant abandons the leased premises before lease expiration? | When tenant wrongfully vacates and breaches lease, landlord has three options (SIR): 1. Surrender: Landlord treats abandonment as an offer of surrender and accepts it, releasing tenant from future rent liability; 2. Ignore (Minority): Landlord ignores abandonment and holds tenant liable for full rent as it accrues (retained in very few states); 3. Re-Let and Mitigate (Majority): Landlord must make reasonable, good-faith efforts to re-let premises to mitigate damages; defaulting tenant remains liable for deficiency between original rent and new rent. |  |  |
| 3 | What are the four types of Leasehold Estates? | 1. Tenancy for Years: Fixed, definite beginning and ending date (e.g., 6 months, 2 years); terminates automatically on end date without notice; lease exceeding 1 year requires writing under Statute of Frauds; 2. Periodic Tenancy: Continues for successive recurring intervals (e.g., month-to-month, year-to-year) until terminated by advance written notice (one full period notice, or 6 months for year-to-year); 3. Tenancy at Will: Terminable at the will of either landlord or tenant at any time (modern statutes require reasonable notice); 4. Tenancy at Sufferance: Created when tenant wrongfully holds over past expiration of lease. |  |  |
| 4 | What are the requirements for an Easement by Prescription? | Acquired similarly to adverse possession (except use, not possession): 1. Open and Notorious: Use is visible and discoverable to an inspecting landowner; 2. Continuous and Uninterrupted: Used continuously for the full statutory period (without significant interruption); 3. Adverse / Hostile: Used without the landowner's permission or consent (permissive use creates a revocable license, not prescription); 4. Actual use of servient land. |  |  |
| 5 | What are the four recognized methods of creating an Easement (PINE)? | 1. Prescription: Acquired through adverse, continuous use for statutory period; 2. Implication: Implied from existing prior use before parcel severance; 3. Necessity: Implied by law when parcel is landlocked upon severance of common ownership; 4. Express Grant or Reservation: Created by express written instrument complying with Statute of Frauds (signed writing describing dominant and servient parcels). |  |  |
| 6 | What is an Implied Reciprocal Negative Servitude (Common Scheme Doctrine)? | In a residential subdivision where developer sells lots with uniform covenants, an unwritten servitude is impliedly reciprocal against remaining lots if: 1. Common Scheme: Developer had a general scheme of residential development prior to sales; and 2. Notice: The purchaser took with notice of the restriction through:    • Actual Notice;    • Inquiry Notice (uniform appearance of neighborhood would put reasonable person on inquiry); or    • Record Notice (restriction in prior recorded deeds from common grantor). |  |  |
| 7 | What are the requirements for an Easement by Necessity? | 1. Common Ownership: The dominant and servient parcels were originally held under unified common ownership; 2. Severance: Grantor severed the unified tract into two or more parcels; and 3. Strict Necessity: The severance strictly landlocked the dominant parcel, leaving no legal access to a public road or utility outlet. Duration: Lasts only as long as strict necessity continues; terminates automatically if public road access is created. |  |  |
| 8 | What is the difference between a General Warranty Deed, a Special Warranty Deed, and a Quitclaim Deed? | • General Warranty Deed: Grantor warrants title against all title defects whenever arising, including those caused by predecessors in title. • Special (Limited) Warranty Deed: Grantor warrants title ONLY against defects arising during grantor's period of ownership (makes no warranties regarding predecessors). • Quitclaim Deed: Conveys whatever title/interest grantor holds, with ZERO title covenants or warranties. Grantee cannot sue grantor for defective title. |  |  |
| 9 | What is Color of Title in Adverse Possession, and what is Constructive Adverse Possession? | • Color of Title: Entry onto land under a written instrument (deed or will) that appears valid on its face but is legally defective and void. • Constructive Adverse Possession: An adverse possessor with color of title who physically occupies only a small portion of the described tract is deemed in constructive possession of the ENTIRE parcel described in the instrument, provided the true owner is not occupying the remainder. |  |  |
| 10 | What is the difference between an Easement Appurtenant and an Easement in Gross? | • Easement Appurtenant: Benefits a specific parcel of land (Dominant Tenement) and burdens another parcel (Servient Tenement). It attaches to and automatically runs with the land to subsequent owners of the dominant estate. • Easement in Gross: Benefits an individual person or corporate entity personally, rather than a parcel of land (no dominant tenement; e.g., utility powerline easement). Commercial easements in gross are transferable; personal easements in gross are not. |  |  |
| 11 | What elements are required for the Burden of a Real Covenant to Run with the Land (WITHN)? | To bind subsequent successors to a covenant's burden at law (for money damages): 1. Writing: Original covenant must satisfy Statute of Frauds; 2. Intent: Original parties intended covenant to run to successors; 3. Touch and Concern: Covenant directly affects legal relations and use/enjoyment of land; 4. Horizontal Privity: Shared property interest between original covenanting parties at creation (grantor-grantee, landlord-tenant, mortgagor-mortgagee); 5. Notice: Successor had notice (actual, inquiry, record) before taking title; 6. Vertical Privity: Successor took full estate held by predecessor. |  |  |
| 12 | What is the Changed Conditions defense to the enforcement of Equitable Servitudes? | A court of equity will refuse to enforce a restrictive covenant or equitable servitude if changed circumstances have so radically transformed the character of the entire restricted neighborhood that the original purpose and benefit of the restriction can no longer be achieved. Border changes alone outside the subdivision do not justify invalidating restrictions inside the subdivision. |  |  |
| 13 | What elements are required for the Benefit of a Real Covenant to Run with the Land (WITV)? | To allow a subsequent owner to enforce a covenant at law: 1. Writing: Original covenant in writing; 2. Intent: Original parties intended benefit to run to successors; 3. Touch and Concern: Covenant benefits the owner in use and enjoyment of dominant land; 4. Vertical Privity: Relaxed vertical privity: successor took some possessory interest (need not be entire estate). Note: Horizontal Privity is NOT required for the benefit to run. |  |  |
| 14 | What are the Three Present Covenants and Three Future Covenants of Title in a General Warranty Deed? | • Present Covenants (Breached, if at all, at the instant deed is delivered; does not run to remote grantees):   1. Covenant of Seisin (grantor owns the estate described);   2. Right to Convey (grantor has legal power to transfer title);   3. Against Encumbrances (no undisclosed liens, mortgages, or easements). • Future Covenants (Breached upon future eviction or disturbance; runs to remote grantees):   1. Quiet Enjoyment (grantee will not be disturbed by lawful paramount claims);   2. Warranty (grantor will defend and indemnify grantee against lawful claims);   3. Further Assurances (grantor will execute documents to perfect title). |  |  |
| 15 | What are the legal requirements for a Valid Deed and Effective Delivery? | • Formalities: (1) Writing, (2) Identification of grantor and grantee, (3) Adequate legal description of real property, and (4) Grantor's signature. • Delivery: Requires words or conduct manifesting the grantor's PRESENT INTENT to part with legal control and immediately transfer an interest in the property (physical transfer of paper is neither necessary nor sufficient if present intent is lacking). Delivery cannot be canceled by returning paper deed to grantor. |  |  |
| 16 | What are the Tenant's primary duties, and what was the historical vs. modern view of independent covenants? | • Tenant Duties: (1) Duty to pay agreed rent, and (2) Duty not to commit waste (ordinary wear and tear excepted). • Historical Common Law: Covenants in a lease were independent: tenant was obligated to pay rent even if landlord breached covenants (e.g., failure to repair). • Modern Trend: Dependent Covenants doctrine: tenant's obligation to pay rent is dependent upon landlord's fulfillment of core obligations (such as the implied warranty of habitability). |  |  |
| 17 | What is the priority of a Purchase Money Mortgage (PMM), and how does Foreclosure affect Junior vs. Senior Liens? | • Purchase Money Mortgage (PMM): A mortgage given to a seller or third-party lender whose funds enable buyer to purchase the real property. PMM has absolute super-priority over all prior existing non-purchase money judgments, liens, and claims against mortgagor. • Foreclosure Effects:   1. Senior Liens: Senior mortgages survive foreclosure; buyer at auction takes land subject to senior lien;   2. Junior Liens: Extinguished if joined as necessary parties; satisfied from remaining sale proceeds after senior lien is paid. |  |  |
| 18 | What elements are required for an Equitable Servitude to Run with the Land (WITN)? | To enforce a restriction in equity by INJUNCTION: 1. Writing: Original restriction in writing (subject to common scheme exception); 2. Intent: Original parties intended restriction to bind successors; 3. Touch and Concern: Restriction touches and concerns the land; 4. Notice: Subsequent purchaser took with notice (actual, inquiry, or record). Privity (horizontal or vertical) is NEVER required for equitable servitudes. |  |  |
| 19 | What is the Doctrine of Equitable Conversion, and who bears the Risk of Loss under the majority rule? | • Doctrine: Once a valid land sale contract is signed, equity treats the buyer as the equitable owner of real property, while seller holds legal title in trust as security for the purchase price. • Majority Rule: The Buyer bears the Risk of Loss from fire, storm, or destruction occurring between contract signing and closing, unless caused by seller's negligence or contract states otherwise. • Uniform Vendor and Purchaser Risk Act (Minority): Risk remains on seller until buyer takes legal title or possession. |  |  |
| 20 | How does a Pure Notice Recording Statute operate? | Statutory Language: 'No conveyance is valid against any subsequent purchaser for value without notice thereof, unless the same be recorded according to law.' Operation: A subsequent Bona Fide Purchaser (BFP) who pays valuable consideration without notice (actual, inquiry, record) of the prior unrecorded conveyance PREVAILS over the prior transferee. • The subsequent BFP wins regardless of whether they ever record their own deed. |  |  |
| 21 | What is the rule regarding Scope and Overburdening of an Easement? | • Scope: Determined by terms of grant or nature of prescription; reasonable development of dominant parcel is presumed foreseeable. • Overburdening / Misuse: The holder of an easement appurtenant CANNOT use the easement to benefit non-dominant, adjacent land. If easement holder uses easement to serve an unauthorized adjoining parcel, the servient owner can obtain an injunction against that extended use, but the easement itself is NOT automatically forfeited or extinguished. |  |  |
| 22 | What are the eight methods of Terminating an Easement (END CRAMP)? | 1. Estoppel: Servient owner materially changes position in reliance on easement holder's assurance of abandonment; 2. Necessity Ends: Easement by necessity expires when necessity ends; 3. Destruction of servient estate; 4. Condemnation through eminent domain; 5. Release: Written deed of release signed by easement holder; 6. Abandonment: Physical act showing unequivocal intent never to use again (mere non-use is NOT abandonment); 7. Merger: Dominant and servient estates acquire common ownership in fee simple; 8. Prescription: Servient owner prevents use for statutory period. |  |  |
| 23 | What is the Implied Covenant of Marketable Title in Land Sale Contracts? | Implied in every land contract that seller will deliver Marketable Title at closing: title free from reasonable doubt and threat of litigation. Unmarketable Title Examples: • Defects in record chain of title (e.g., adverse possession title); • Undisclosed encumbrances (mortgages, real covenants, easements that reduce value); • Existing violations of zoning ordinances or building codes. Merger: Covenant merges into deed at closing; thereafter, buyer can sue only on deed covenants. |  |  |
| 24 | How do Race-Notice and Pure Race Recording Statutes operate? | • Race-Notice Statute: A subsequent BFP for valuable consideration without notice prevails ONLY IF they record their deed FIRST before the prior grantee records ('first without notice who records first'). • Pure Race Statute: Whichever grantee records their deed first in time wins, regardless of actual, inquiry, or constructive notice ('first to the courthouse wins'). |  |  |
| 25 | What are the requirements for an Easement Implied from Prior Existing Use (Quasi-Easement)? | 1. Common ownership of unified parcel prior to severance; 2. Prior to severance, grantor used part of land for benefit of another part in a manner that was continuous, apparent, and obvious (quasi-easement); 3. Parties intended the use to continue after division; and 4. The continued use is reasonably necessary for the enjoyment of the dominant tenement. |  |  |
| 26 | What is the Implied Warranty of Habitability (IWH), and what remedies are available to a tenant? | Non-waivable implied warranty in residential leases requiring premises to be safe, clean, and fit for basic human habitation (complying with housing codes). Tenant Remedies upon breach (MR3): 1. Move out and terminate lease; 2. Repair and Deduct cost of repairs from next rent payment; 3. Reduce or Withhold rent (depositing rent into court escrow until repairs made); 4. Remain in possession, pay rent, and sue landlord for breach damages (difference between agreed rent and value in defective state). |  |  |
| 27 | What is the Covenant of Quiet Enjoyment, and what are the elements of Constructive Eviction (SING)? | • Covenant of Quiet Enjoyment: Implied in every residential and commercial lease; landlord promises tenant will have peaceful possession without interference from landlord or paramount title holders. Breached by actual total eviction (discharges all rent), actual partial eviction, or constructive eviction. • Constructive Eviction Elements (SING):   1. Substantial Interference: Landlord's act or omission causes chronic, substantial interference with use and enjoyment;   2. Notice: Tenant provides landlord with timely notice of defect and reasonable opportunity to cure;   3. Goodbye: Tenant MUST VACATE the premises within a reasonable time after landlord fails to cure. • Consequence: Discharges tenant from further rent obligations and allows action for breach damages. |  |  |
| 28 | What is the difference between an Assignment and a Sublease? | • Assignment: Tenant transfers the entire remaining term of the lease. Assignee stands in Privity of Estate with landlord; landlord can sue assignee directly for covenants that run with the land (including rent). Original tenant remains in Privity of Contract and is secondarily liable. • Sublease: Tenant transfers less than the entire remaining term (retains reversion). Subtenant is in neither privity of estate nor privity of contract with landlord; landlord cannot sue subtenant directly for rent (must sue prime tenant). |  |  |
| 29 | What is a License, and when does it become Irrevocable? | • License: A freely revocable personal privilege allowing a licensee to enter another's land for a specific purpose (e.g., movie ticket, theater seat, social guest). Does not convey a property interest and is not subject to Statute of Frauds. • Irrevocable License (Easement by Estoppel): Becomes irrevocable when licensee invests substantial labor, money, or improvements in reasonable, foreseeable reliance on the licensor's representation that the license would continue. |  |  |
| 30 | What is a Bona Fide Purchaser (BFP), and what is the Shelter Rule? | • BFP: A purchaser who: (1) pays valuable consideration, and (2) takes without notice (Actual, Inquiry, or Constructive/Record notice) of prior unrecorded claims. Donees and heirs are not BFPs. • Shelter Rule: A person who takes title from a Bona Fide Purchaser takes 'shelter' under the BFP's protected status. Even if the subsequent transferee had actual knowledge of the prior unrecorded deed, they prevail against that prior claimant to preserve BFP's marketability. |  |  |
| 31 | How are lease clauses prohibiting Assignment or Sublease interpreted, and what is the Rule in Dumpor's Case? | • Strict Interpretation: Covenants against assignment do not prohibit subleasing, and covenants against subleasing do not prohibit assignment. Prohibitions are strictly construed against landlord. • Waiver: Landlord waives non-assignment restriction by accepting rent from assignee with knowledge of assignment. • Rule in Dumpor's Case: If landlord consents once to an assignment, restriction is permanently waived as to all future assignments unless landlord expressly reserves the right. |  |  |
| 32 | What are the five essential elements of Adverse Possession (ECHO)? | 1. Exclusive: Possessor does not share possession with the true owner or general public; 2. Continuous: Possession is continuous and uninterrupted for the statutory period (seasonal use matches customary owner use); 3. Hostile (Adverse): Possessor occupies without permission of true owner (majority rule: state of mind irrelevant; good faith not required); 4. Open and Notorious: Possession visible and obvious enough to put a reasonable owner on notice of trespass; 5. Actual Possession: Physical occupation of the property. |  |  |

---
Study this deck interactively with FSRS-6 spaced repetition, audio review, and multiple-choice mode at [Flashcards World](https://flashcards.world/flashcards/sets/a0d21a5f-074b-4d44-add1-145c7ad9982b/).