Term
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Definition
1) entry into a lease for residential property
2) development of dangerous or unsanitary conditions on the premises materially affecting the life, health, and safety of the T
3) reasonable notice of the defects on the LL
4) subsequent failure to restore to habitability |
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Term
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Definition
have to possess the land
do not have to enter every inch of property. entry onto part of a parcel is deemed constructive entry
generally, improvements do constitute actual use |
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Term
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Definition
must give the landowner reasonable notice of the AP's occupation of the property
use and possession must be visible |
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Definition
AP's actions are hostile if the occupation & use of the property is w/o the permission of the owner
-AP's state of mind/intent is irrelevant
does not matter if it was a mistaken belief |
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Definition
AP cannot be sharing possession w/owner or w/member of the public
aspect of control over who uses it
how an average or similar property owner would use it |
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Term
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Definition
| the LL will maintain, thruout the period of the tenancy, premises that are safe, clean, and fit for human habitation |
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Term
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Definition
rescission
reformation (change terms to accomodate breach)
damages
withholding rent |
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Term
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Definition
| surface owner doesn't own materials below; no one owns them until they're captured |
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Term
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Definition
| each property owner owns the fugitive material beneath their land but if someone else brings it up first, they are divested and the extractor owns it |
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Term
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Definition
use/possession need not be continuous; courts look to nature and type of property to determine if actions are consistent w/how an owner would use and possess
using the property like an owner would
ex: only there during hunting season |
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Term
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Definition
LEAD
lawfully executed=writing / signed by grantor AND
delivered=present intent to immediately be bound by transfer
1) grantor must intend immmediate transfer
2) grantor must irrev. relinquish phys. control over deed |
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Term
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Definition
AIR
Actual notice
Inquiry (constructive) revealed by inspection of property that would have a reasonable buyer inquire into potential issues
Record notice (constructive) = publically available record |
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Term
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Definition
PING
prescription
implication (prior use)
necessity
grant (express) |
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Term
| Burden to run w/ the land (covenant) |
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Definition
WITHVN
writing
intent
touch and concern
horizontal privity
vertical privity
notice of promise when taken |
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Term
| Benefit to run w/ the land (covenant) |
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Definition
WITV
writing
intent
touch and concern
vertical privity |
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Term
| Tenant's option after: breach of IWH |
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Definition
MR3
- move out and end lease
- repair and deduct
- reduce and withhold all lease
- remain, pay rent, seek damages
T does not have to vacate to bring breach of IWH |
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Term
| breach of covenant of quiet enjoyment - constructive eviction |
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Definition
SING
- substantially interfere (LL) LL's wrongful conduct causes a substantial interference w/ Tenant's use and enjoymnet of the lease property [wrongful conduct = LL's common law duties]
- notice = given by the T w/reasonable time for the LL to cure problem
- goodbye = vacate w/in reasonable time after notice |
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Term
| ways to sever joint tenancy |
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Definition
SPAM
sale (even just signing contract)
partition
agreement to terminate (mutual)
mortgage - only in title states --> lien theory does not sever b/c mortgage is just a lien, NOT transfer of title |
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Term
| LL's options if T abandons property and refuses to pay rent |
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Definition
SIR
Surrender and accept abandonment; terminate lease
Ignore and collect/expect rent (sit vacant until lease expires then sue)
Re-let: refuse to accept the T's surrender but attempt to re-let to mitigate damages |
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Term
| Exceptions to LL's no duty to repair = LL's common law duties |
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Definition
CLAPS
Common areas - maintain all
Latent defects - disclose / warn of hidden defects that LL knows / should know
Assumption - LL who voluntarily makes repairs must complete w/ reasonable care
Public use - LL if knows T won't
Short term of furnished dwelling (LL liable) |
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Term
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Definition
1) unity of ownership
2) severance
3) use was in place before the parcel was severed
4) use must have been visible or apparent at time of severance
5) easement is necessary for the enjoymnet of dominant estate |
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Term
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Definition
1) owned by one person
2) severance
3) continuation of the easement is essential to the enjoyment of the land; i.e. landlocked
strict necessity for the easement |
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Term
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Definition
1) actual
2) open and notorious
3) over a uniformed route
4) continuous & uninterrupted for 10 yrs
5) adverse to the owner of land & hostile
6) with the knowledge of owner at time he was able to enforcee his rights |
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Term
| implied reservation (prior use) |
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Definition
when trying to reserve an easement
strict necessity in favor of grantor
should have made express covenant in deed |
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Term
| implied grant (prior use) |
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Definition
when reserving easement
reasonable necessity in favor of grantee
does not have to have express covenant in deed |
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Term
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Definition
ENDCRAMP
Estoppel
Necessity (when Nec ends, terminated)
Destruction
Condemnation
Release
Abandonment
Merger
Prescription (use AP to end) |
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Term
| scope of easement --> prescription |
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Definition
the scope of the allowable use is determined by looking at the use that took place during the statutory period.
variations cannot be substantial; must be consistent w/ the general pattern formed by the adverse use |
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Term
| scopre of easement --> express/granted by deed |
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Definition
interpret the original grant
party's intention would have been to allow for the normal development of the use over time |
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Term
| scope of easement --> implication |
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Definition
| by such uses that the parties might reasonably have expected from the previous uses by the dominant tenement |
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Term
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Definition
who first recorded
when 2 persons holding competing claims to property, the first person to record prevails |
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Term
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Definition
a subsequent BFP who first records prevails against a person claiming a prior, unrecorded interest as long as the subsequent purchaser did not have notice of the preceding interest when she acquired her interest
Purchasser for value |
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Term
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Definition
a subsequent bona fide purchaser or creditor for value prevails over prior claimants as long as the subsequent purchaser acquires the interest w/o notice of the prior claim
purchaser for notice |
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Term
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Definition
1) Time-interest arise at same time
2) Title-interest created by same instrument
3) Interest-each joint tenatnt acquires same interest
4) Possession-equal rights to possession |
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Term
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Definition
1) joint tenancy
2) tenancy by the entirety
3) tenancy in common |
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Term
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Definition
4 unities required TTIP
---lack of any unity severs
right of survivorship
transfer=severance of interest and becomes Tenancy in Common |
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Term
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Definition
always between spouses
4 unities required TTIP
NOT severable
right of survivorship |
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Term
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Definition
only required Unity is possession
tenant owns undividded fractional part of whole
NO right of survivorship
fully transferable |
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Term
| 4 Covenants of LL - Tenant relationship |
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Definition
1) Covenant of implied warranty of habitability
2) Covenant Power to Demise
3) Covenant of Quiet Enjoyment
4) Covenant of Actual Possession
a) American rule-don't have to put tenant in actual possession
b) English rule-must put in actual possession for first day |
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Term
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Definition
1) Term for Years
2) Periodic Tenancy
3) Tenancy at Will
4) Tenancy at sufferance |
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Term
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Definition
Duration: fixed term
Creation: by agreement
Termination:expiration period, contingency, surrender, release, condemnation, expiration of LL's estate
Statue of Frauds may be relevant (writing may be needed if it's more than a year) |
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Term
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Definition
Duration: indefinite
Creation: by agreement, periodic payment coupled either with indef agreement or void lease; consent of landowner to holdover T
Termination:by notice within time period required |
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Term
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Definition
Duration: only so long as both refrain from taking actions inconsistent with its continuation
Creation: by agreement, by taking possession with consent only; by entry under void lease prior to any periodic payments
Termination: either party but w/o notice; T's attempted assignment; conveyance by LL' death of either |
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Term
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Definition
Duration: until demand or election
Creation: by entering rightfully and retaining wrongfully (holdover tenant)
Termination: Reasonable amount of time to make demand or election
a) demand - GET OUT!
b) election - Since you're staying, here's rental amount! (creates periodic tenancy)
Distinguishes holdover T from a trespasser |
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Term
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Definition
1) Partition in Kind
2) partition by forced sale
3) Owlety |
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Term
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Definition
| court can divide land in half (favored) |
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Term
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Definition
| revenue divided by fractional interest |
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Term
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Definition
| option to buy-out co-tenants |
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Term
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Definition
WIT
Writing
Intent
Touch and Concern |
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Term
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Definition
| does it make the land more valuable? |
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Term
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Definition
| where parties as laymen would naturally regard covenant as intimately bound up with land |
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Term
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Definition
| is this covenant something traditionally thought as touching land |
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Term
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Definition
Pay rent
Take possession
Restrictions of use
Repair
Deliver |
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Term
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Definition
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Term
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Definition
Seisen (present)
Right to convey (present)
Against encumberances (present)
Warranty (future)
Quiet enjoyment (future)
Further assurances (future) |
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Term
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Definition
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Term
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Definition
Absolutely void
Voidable
De Minimus |
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