Real Property Bar Exam

Front 1

Nuisance action reqs?

Back 1

1. D's substaintial interference
2. w/ P's use and enjoyment of property
3. interference was unreasonable
** even if D's conduct was not negligent or intentional.

Front 2

Nuisance reasonableness of D's conduct considerations.

Back 2

Balancing of considerations:
1. locality and character of the surrounding area
2. nature and extent and frequency of the interference
3. utility and social value of the activity involved

Front 3

Nuisance Relief

Back 3

Damages or injuctiive relief. When P's harm is insignificant compared with the potential harm to D if injunctive relief is granted the court may award damages for diminution of property value.

Front 4

When is a taking invalid?

Back 4

When it is not for a public purpose. Public purpose is construed broadly.

Front 5

What is the police power justification?

Back 5

It is the justification for a taking of property by the state in which no compensation is due the property owner. Zoning ordinances environmental protection laws, and ladmark preservations are examples of valid regualtions.

Front 6

What consitutes a taking?

Back 6

Physical intrusion onto private property by governement, ore establishment of a non possessory property interest (e.g. and easment) Also if a valid regulation deprives the owner of all economically viable use of the land.

Front 7

What is the test to be a valid regulation instead of a taking?

Back 7

1. substantially advance the government objective being pursued
2. there must be a tight fit between the regulation and the governmental interest

Front 8

How to attack a zoning ordinance

Back 8

1. constitutioanl level
2. it violates the zoning enabling act.

Front 9

Constitutional Arguments to Zoning Ordinances

Back 9

Takings: deprive landowner of all economic use of her land or imposed conditions upon the use of land which are disporportionate to the benefits which are conferred by the gov.

Due Process: No notice and hearing due for aadoption of a zoning ordinance since it is a legislative act. However if there is an amendment to the ordinance which affects only a few parcels of land the affected owners will be entitled to procedural due process.

First Amendment: can't improperly limit the right to free speech

Front 10

What constitutes a writing satifying the Statute of Frauds regarding real property?

Back 10

1. the parties and land must be identitifed
2. there must be language indicating a sale was intended,
3. the purchase price must be included if it has been agreed upon
4. must be signed by the party to be charged.
**Any writing or collection of writings that evidences the agreement will suffice

Front 11

What are the rules associated with time of perfomance ("closing")?

Back 11

1. If P and S agreement fixes no time for performance the court will prsume a reasonable time.
2. If a specifice date is fixed strict compliance is required only in an action for damages.
2. Strict adherence to the date for performance is not required in equity unless the contract specifies "time is off the essence." (i.e. is not grounds for action for recission or specific performance.

Front 12

What are the seller rights and burdens concerning title defects?

Back 12

1. Seller has the right to cure defects before closing. Purchaser must bring these defects to his atenttion. If not brought to vendor's attention cannot be justification for failure to perform.
2. Seller must clear liens on the title before closing.
3. Minor variances between the land promised in the contract to convey and the land conveyable does not consitute a breach unless there was fraud.

Front 13

What are the buyer's options when a title defect is incurrable?

Back 13

1. right to terminate the agreement and recover his deposit
2. wiave the marketable title requirement

Front 14

What are the requirements of Marketable title?

Back 14

1. reaonable fee from doubt both in fact and law
2. type of title a reaonble pudent and knowledgeable business person deiring to puschase the property would accept.

3. if there is a factual problem with the title the facts supporting its marketability must
a. be so conclusive a judge would not permit a contrary verdict to stand
b. be capable of proof whenever challenged.

Front 15

What is the procedure to establish an equitable mortgage?

Back 15

To establish a deed is infact an equitable mortgage a mortagor may introduce parol evidence to show that the deed was intended only to serve as a mortgage.

Front 16

What is the req. for a mortagage to be enforceable?

Back 16

There must be an underlying enforceable obligation.
If the underlying debt is unenforceable the mortgage is likewise unenforceable and the mortgagor has a right to have the mortgage discharged.

Front 17

Explain a purchase money mortagage security interest priority?

Back 17

P M M's have priority over any interests attaching to the property through the mortagor.