How to Ace FYLSE/Multiple Choice Cheat Sheet

MBE Key Rules

 * When a mortgagor sells the mortgaged property and conveys a deed, the grantee takes subject to the mortgage, which remains on the land. However, the mortgagor remains primarily and personally liable on the loan (unless the grantee has signed an assumption agreement).


 * Accretion is the increase of riparian land by the slow and imperceptible change in course of a river serving as a boundary; any resulting deposit of soil belongs to the owner of the batting (riparian) land.


 * A deed is not effective unless it is delivered.Unless there is some clear expression of intent that the grantor envisioned the passage of title to the grantee, the continued possession of the deed raises a presumption of nondelivery.


 * Although the general rule is that a sale of real property carries no implied warranties of quality or fitness, a seller may be liable where he has actually concealed conditions on the property.


 * Implied warranty of fitness or quality applies only to the sale of a new house by the builder.


 * Reasonable use theory, the landowner can use as much percolating water as she wants as long as it is used for beneficial purposes of the overlying land. She will be liable ply if the purpose is malicious or the water is simply wasted. (Prior Appropriation Doctrine: first in time)


 * A chattel that has been annexed to real property is converted from personality to realty. As an accessory to the land, it passes with ownership of the land rather than a transfer of the personal property of an estate. The manifest intent of the annex or determines whether the chattel becomes a fixture.


 * When there is a mistake or inconsistency in the description of property in the deed, one of the rules of construction is that the physical description takes precedence over the quantity description unless there are grounds for reformation of the deed.