Term
| What are the types of concurrent estates? |
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Definition
Joint Tenancy
Tenancy by the Entirety
Tenancy in Common |
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Term
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Definition
| Two or more own with the right of survivorship. |
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Term
| What is Tenancy by the Entirety? |
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Definition
| Marital interest between married partners with right of survivorship. |
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Term
| What is Tenancy in Common? |
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Definition
| Two or more own with no right of survivorship. |
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Term
| What is a right of survivorship? |
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Definition
| When a joint tenant dies, his share goes equally to the surviving joint tenants. |
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Term
| What are the four unities to create a joint tenancy? |
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Definition
At the same time
In the same instrument
Identical interest
Right to possess whole |
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Term
| How do you sever a joint tenancy? |
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Definition
By an individual sale of his share
OR
By partition: voluntary, partition in kind (physical division), or forced sales (proceeds divided). |
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Term
| What are the rights and duties of co-owners? |
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Definition
*Entitled to enjoy whole property
*Receives fair share of rental income from 3rd party
*Right to contribution for reasonable repairs
*Upside/Downside doctrine: party credited or debited based upon improvements made that increase or decrease property value. |
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Term
| What are the three types of waste? |
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Definition
*Voluntary (destruction)
*Permissive (neglect)
*Ameliorative (improvement) |
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Term
| What are the types of landlord estates? |
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Definition
*Tenancy for years
*Periodic tenancy
*Tenancy at will
*Tenancy at suffrance |
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Term
| At least how much notice must be given in a periodic tenancy? |
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Definition
*Week to week: one week
*Month to month: one month
*Year to year: 6 months |
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Term
| What is a tenancy for years? |
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Definition
| A tenancy for a fixed period of time |
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Term
| What is a periodic tenancy? |
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Definition
| A lease that continues for successive intervals (week, month, year, etc) |
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Term
| What is a tenancy at will? |
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Definition
| Tenancy for no fixed duration, as long as landlord or tenant desires. |
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Term
| What is a tenancy at suffrance? |
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Definition
| When tenant has wrongfully held over past lease expiration. |
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Term
| What are the duties of tenants? |
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Definition
*Duty to pay repair
*Duty to pay rent |
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Term
| What are a landlord's remedies for a tenant breaching their duties? |
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Definition
*Surrender
*Ignore abandonment and charge rent as though tenant still there (allowed in minority)
*Re-let premises on behalf of tenant and charge tenant for deficiencies (allowed in majority) |
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Term
| What are the duties of a landlord? |
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Definition
*Duty to deliver possession
*Implied warranty of quiet enjoyment
*Implied warranty of habitability |
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Term
| What are a tenant's remedies for a landlord's breach of his duties? |
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Definition
*Move out and end lease
*Repair and deduct from future rent
*Reduce or withhold rent (placing in escrow)
*Remain in possession, continue to pay rent, and sue for money damages |
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Term
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Definition
| Grant of a non-possessory interest that entitles a holder to the use or enjoyment of another's land. |
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Term
| What is the difference between an affirmative and negative easement? |
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Definition
| Affirmative easements are the right to do something, negative easements are the prohibition from doing something. |
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Term
| What are the normal types of negative easements for? |
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Definition
| Light, Air, Support, Stream Water (from artificial flow) |
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Term
| What is an appurtenant easement? |
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Definition
| One that involves two parcels, a dominant parcel which gets benefit and a servient parcel which gets burden. |
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Term
| What is an easement in gross? |
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Definition
| An easement that gives its holder some personal or commercial advantage not related to his use or enjoyment of land. (Not involving two parcels of land) |
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Term
| How is an appurtenant easement transferred? |
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Definition
| It is transferred with the dominant parcel. |
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Term
| How is an easement in gross transferred? |
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Definition
| Only when used for commercial purposes. |
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Term
| How are affirmative easements created? |
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Definition
*Prescription: acquired by meeting elements of adverse possession
*Implication: implied from existing use (by courts)
*Necessity: "landlocked", no other way to leave servient parcel
*Grant: documented in writing that evidences such easement |
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Term
| How is a negative easement created? |
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Definition
| Only in writing, expressly done. |
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Term
| How does one terminate an easement? |
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Definition
*Necessity: when the need for easement ends.
*Estoppel doctrine: servient owner materially changes position in reasonable reliance on easement holder's assurance that easement would not be enforced.
*Written release: by easement holder to servient
*Abandonment: by physical action never to use easement
*Merger: both servient and dominant in same title
*Prescription: interferance with accordance of A/P |
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Term
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Definition
| A privilege to enter another's land for a delineated purpose. |
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Term
| How are licenses revoked? |
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Definition
| By will of licensor at any time. |
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Term
| When can revocation of a license be prevented? |
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Definition
| Estoppel bars revocation when licensee has invested substantial money or labor or both in reasonable reliance on license continuation. |
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Term
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Definition
| Entitles holder to enter servient land and take from it the soil or resource on the land. |
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Term
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Definition
| A promise to do or not do something related to land. |
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Term
| What are two types of covenants? |
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Definition
| Affirmative or restrictive covenants. |
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Term
| How does one prove running of a burden? |
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Definition
*Writing: must be in writing by both original parties.
*Intent: original parties must have intended burden would run.
*Touch/Concern: promise must affect parties as landowners.
*Horizontal/Vertical Privity: Connection between original parties across and down.
*Notice: buyer must have had notice when land taken. |
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Term
| How does one prove running of benefit? |
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Definition
*Writing: original parties must have written down.
*Intent: Original parties must have intended benefit to run.
*Touch/Concern: Promise affects parties as landowners.
*Vertical Privity: Privity from original buyer/seller to new buyer. |
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Term
| What is an equitable servitude? |
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Definition
| Promise that equity will enforce against successors. |
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Term
| How do you create an equitable servitude that will bind successors? |
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Definition
*Writing: writing generally required.
*Intent: that promise would bind successors
*Touch/Concern: affects parties as landowners
*Notice: Successors must have notice of promise
*NOTE: Equitable servitudes don't require privity. |
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Term
| How is an implied equitable servitude formed? |
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Definition
Two elements of general/common scheme apply:
*General scheme of development included lot.
*Defendant lot holder had notice of one of these types:
*Actual Notice (literal knowledge)
*Inquiry Notice (seeing neighborhood conforms)
*Record Notice (form of notice that is normally imputed to buyers thanks to public records) |
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Term
| What is the Doctrine of Changed Conditions? |
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Definition
| An equitable servitude that can be terminated when change has so affected a given area as to render the equitable servitude moot. |
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Term
| What elements must be met during a statutorily mandated period of time to establish Adverse Possession? |
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Definition
The taking must be:
*Continuous: Uninterrupted
*Open and Notorious: activities that regular owner would do
*Actual: entry must be literal
*Hostile: possessor does not have the owner's permission to be there. |
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Term
| What are the two steps of a land transaction? |
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Definition
*Land Contract: agreement through closing
*Deed: once agreement closed |
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Term
| What makes an instrument proper in a land transaction? |
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Definition
Must follow statute of frauds:
*In writing, signed by party to be bound
*Must properly describe the land
*Must state some consideration |
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Term
| What constitutes part performance as an exception to a writing in a land transaction? |
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Definition
Any two of the following:
*Buyer takes possession
*Buyer pays all or part of price
*Buyer makes substantial improvements |
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Term
| Who bears the burden if the property is destroyed between contract and delivery? |
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Definition
| Buyer bears the burden unless contract assigns that loss to seller. |
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Term
| What are the implied promises in a land contract? |
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Definition
*Seller promises to provide marketable title
*Seller promises not to make any false statements of material fact or failure to disclose defects |
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Term
| What makes a title unmarketable? |
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Definition
*Must not reside in adverse possession
*No encumberances (servitudes and liens) on title
*No zoning violations against land |
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Term
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Definition
| When it is lawfully executed and delivered (LEAD). |
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Term
| When is a title lawfully executed? |
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Definition
| When in writing and signed by buyer. |
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Term
| When is delivery satisfied? |
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Definition
| When deed delivered, does not have to be physically. Present intent to be immediately bound is enough. |
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Term
| What happens to an oral condition alongside a written contract? |
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Definition
| It is dropped out because it is too susceptible to fraud. |
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Term
| What are the three types of deed? |
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Definition
| Quitclaim deed, general waranty, and statutory special waranty. |
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Term
| What is a quitclaim deed? |
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Definition
| A deed with no covenants included, not even a promise of good title. |
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Term
| What is a general waranty deed? |
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Definition
| A deed that warrants against all defects including those of grantor's predecessors. |
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Term
| What is a statutory special waranty deed? |
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Definition
A deed created by statute that only makes two promises:
*Grantor promises he hasn't conveyed property to anyone other than grantee.
*Property is free from encumberances made by grantor. |
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Term
| What are the three present covenants? |
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Definition
*Covenant of Seisin
*Covenant of Right to Convey
*Covenant against Encumberances |
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Term
| What are the three future covenants? |
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Definition
*Covenant for Quiet Enjoyment
*Covenant of Warranty
*Covenant for Further Assurances |
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Term
| What is a Covenant of Seisin? |
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Definition
| Grantor says he has title to transfer. |
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Term
| What is a Covenant of Right to Convey? |
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Definition
| Grantor has power to make the transfer. |
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Term
| What is Covenant against Encumberances? |
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Definition
| Promise that there are no servitudes or liens on the property. |
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Term
| What is a Covenant for Quiet Enjoyment? |
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Definition
| Grantee won't be disturbed by a 3rd party lawful claim of title. |
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Term
| What is a Covenant of Waranty? |
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Definition
| Grantor promises to defend grantee against lawful title claims. |
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Term
| What is a Covenant for Further Assurances? |
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Definition
| Grantor promises to do whatever in future to protect title. |
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Term
| What are the two types of recording systems? |
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Definition
*Notice Jurisdiction
*Race Notice Jurisdiction |
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Term
| How do you prove being a bonafide purchaser? |
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Definition
*Purchased property for value
*Does not have notice that someone got there first |
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