Under the terms of the signed, written, two-year lease, the artist agreed to pay the landlord $1,000 per month and to assume responsibility for all necessary repairs.
Several years after that, the man and woman divorced. (A) and (B) are incorrect because the bank is not entitled to the entire $80,000 in proceeds from the sale and because the owner is not liable to the bank for more than the original loan amount. Can require _______________ if buyer tries to back out. Which statement regarding partial actual eviction is correct? Government-owned land cannot be adversely possessed. buyer of used home canNOT sue prior "amateur" owner. This modification is not given priority over the lender's mortgage, and foreclosure proceeds will not be applied against it because the senior lender's mortgage was not fully satisfied from the proceeds. The principal and accrued interest on the foreclosing party's loan; 3. Both title and possession at the time of the grant are necessary to satisfy this covenant. The landlord approved the sculptor as a tenant and accepted two rent payments from her, and then the landlord sold the building to an investor. What acts by one joint tenant will sever a joint tenancy? Jerry provides in his will to the children of my dear friend Elaine. to assert the doctrine of part performance the grantee must: Does the existence of zoning regulations make title unmarketable? Unless otherwise agreed, the seller is not required to deliver marketable title until the closing. The landlord's failure to comply with applicable housing code requirements constitutes a breach of this warranty, particularly with regard to violations that substantially threaten the tenant's health and safety. Jerry to Elaine for life, then to Elaine's children.
Find out how you can intelligently organize your Flashcards. when he has paid ALL (or sometimes substantially all) of the PURCHASE PRICE, {"cdnAssetsUrl":"","site_dot_caption":"Cram.com","premium_user":false,"premium_set":false,"payreferer":"clone_set","payreferer_set_title":"MBE Real Property","payreferer_url":"\/flashcards\/copy\/mbe-real-property-3271183","isGuest":true,"ga_id":"UA-272909-1","facebook":{"clientId":"363499237066029","version":"v2.9","language":"en_US"}}.
The mortgagor. This [does/does not] terminate the tenant's obligation to pay rent. No: co-tenant not responsible for improvements (But could be considering during partition), This right is held by every co-tenant regardless of TIC, Partition in kind or by sale via agreement or court, The farm owned by Ted and Marshall was a 100-acre, Will be partitioned - ct will most likely partition in kind bc when possible, in kind, tenancy for years defining characteristic. If not waived, how may a LL breach the implied covenant of quiet enjoyment? NOTICE - Can be actual, by inquiry, or constructive, 1) Wild deed - Although an instrument is recorded and indexed in the recording office, it may not be recorded in such a way as to give notice to subsequent purchasers. Any conveyance of an estate in land, other than a lease for less than one year, shall not be valid against any subsequent purchaser for value, without notice, unless the conveyance is recorded. The rationale. What tenancy? (D) is wrong because the failure to include the creditor in the foreclosure action does not invalidate the action, it just preserves the creditor's junior mortgage on the property. What does it mean to take a property subject to a mortgage? Because a senior lien remains on the property (i.e., may itself be foreclosed in the future), a senior lienor is not entitled to any of the money from the sale, even if there is a surplus.
A fee simple subject to an executory interest is a present fee simple estate limited in duration by either conditional language OR durational language, so that it will terminate upon the occurrence of the specified condition, and title will pass to a third party.
Will not.
The implied covenant of marketability is not a landlord-tenant concept but is implied in every land sale contract. note: if you see an oral contract for sale of real property where the party claiming enforcement under the doctrine of part performance, the contract will fail if the alleged grantee is paying rent or what looks like installments. The Fee Simple Determinable magic words are, durational in nature: "so long as," "during,", The key difference between a Fee Simple Determinable, The Fee Simple Subject to Condition Subsequent, the grantor; re-enter and reclaim the land, Like the Fee Simple Determinable, the Fee Simple, The distinguishing characteristics of a life estate are, A house in California was conveyed from Jerry to, No; lasts 10 years, not necessarily Elaine's lifetime. Start studying MBE Real Property - THEMIS. _____________________ occurs when the landlord or a paramount title holder excludes the tenant from the entire leased premises. We'll bring you back here when you are done. The tenant's apartment became hot and stuffy, and she demanded that the landlord honor the covenant.
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