Property

Question 1

Easement by reservation

Answer 1

Arises when a landowner convey land but reserves the right to continue to use the trafter after conveyance

Question 2

Trespass (Land)

Answer 2

Trespass to land occurs when (1) defendant’s intentional act (2) causes physical invasion (3) of the land of another without their permission

Question 3

Servient Parcel Transfer

Answer 3

When a servient partcel is tranferred, its new owner takes it subject to the easement unless she is a BFP with NO NOTICE of the easement

Question 4

Private vs Public Nuisance

Answer 4

Private nuisance: Intangibles substantially and unreasonably interfere with use and enjoyment of property
Public Nuisance: intangibles unreasonably interfere with health/safety/ property right of a broad segement of community

Question 5

How is interference substantial
(Nuisance)

Answer 5

when if would be offensive, inconventient, or annoying to an average person, as opposed to somoenes hypersensitivity

Question 6

Interference is unreasonable when

Answer 6

the severity of the injury outweighs the utility of the defendant’s conduct

Question 7

Trespass (Intent)

Answer 7

A trespass only occurs if the trespasser actually intended to occupy the land. The trespasser’s knowledge about the ownership of the land is irrelevant. A mistaken belief that they had the right to enter the land is not a defense.

Question 8

NECESSITY Trespass Defense

Answer 8

Private necessity exists when exigent circumstances cause the trespass. However, can recover actual damages to the land

Public necessity exists when the trespass is necessary to prevent harm to the public at large. CANNOT recover actual damages

Question 9

Waste

Answer 9

(1) Affirmative or voluntary waste—actual overt conduct that decreases value ofestate.
(2) Permissive waste or neglect—failure to protect or preserve land.
(3) Ameliorative waste—change that economically benefits property.

Question 10

Rights and Duties of Co-Tenants

Answer 10

(1) Possession—each co-tenant has right to possess the whole but no right to exclusivepossession of any part.
(2) Co-tenant in possession has right to retain profits from own use of the property and must share net from (i) third-party rent and (ii) exploitation of the land.
(3) Each co-tenant responsible for fair share of taxes or mortgage interest payments.
(4) Co-tenant who repairs is entitled to contribution for any reasonably necessary repairs, solong as she has given notice.
(5) Co-tenant who has made improvements has no affirmative right to contribution unlessthere is a partition.
(6) Co-tenant must not commit waste.

Question 11

Main Tenant Duties

Answer 11

(1) Duty to Repair
(2) Duty to pay-rent
(3) Potential liability to 3rd parties

Question 12

Main Landlord Duties

Answer 12

(1) deliver posession of property
(2) implied covenant of quiet enjoyment
(3) implied warrany of habitability

Question 13

Covenant of Quiet Enjoyment

Answer 13

T entitled to quiet enjoyment, without landlord interference.
(1) Actual eviction—landlord excludes tenant from entire premises and tenant doesnot have to pay rent.
(2) Partial eviction—landlord excludes tenant from part of leased premises and tenantdoes not have to pay rent.
(3) Constructive eviction—landlord’s conduct causes premises to be uninhabitable.
(i) Tenant must vacate within a reasonable time after giving landlord noticeand time to repair.
(ii) Tenant can terminate lease and sue for damages.

Question 14

Joint Tenancy

Answer 14

TTIP
Time
Title
Interest
Possession

must be conveyed with ‘right of survivorship’

Question 15

Joint Tenancy - Termination

Answer 15

(1) conveyance
(2) murder
(3) simultaneous deaths of co-tenants
(4) partition (voluntary or involuntary)

Question 16

Tenancy in Common

Answer 16

Only unity is required at creation
All tenants possess right to ownership UNLESS ouster

Question 17

Tenants Rights if Implied Warranty of Habitability Breach

Answer 17

MRRR
(1) Move
(2) Reduce / withold
(3) Repair and deduct
(2) Remain - seek damages

Question 18

Burden will Run

Answer 18

WITHN
Writing
Intent
Touch & Concern
Horizontal and Vertical Privity
Notice

Question 19

Benefit will Run

Answer 19

WITV
Writing
Intent
Touch & Concern
Vertical Privity

Question 20

Equitable Servitude

Answer 20

Successors bound if WITN
Writing
Intent
Touch & Concern
Notice

Question 21

Reciprocal Negative Servitude

Answer 21

Based on common scheme doctrine (e.g. a lot and surrounding area all have the same scheme). Sometimes does not requires a writing, may arise by implication

Majority: In a subdivision, residential restrictions in prior deeds by common grantor bind subsequent grantees whose deeds don’t have the restriction, if athe the start of the subdivision (1) grantor had common scheme and (2) unrestricted lot holder had notice

Minority: Not binding on subsequent grantees unless their lots are expressly restricted in writing

Question 22

Ways to Terminate Easement

Answer 22

END CRAMP
(1) Estoppel - if servient state detrimentally relies on statement from dominant tenement
(2) Necessity - once necessity ends
(3) Destruction
(4) Condemnation
(5) Release
(6) Abandonment
(7) Merger
(8) Perscription

Question 23

Profit

Answer 23

Entitles a holder to enter a land to take some resources (minteral, timber, oil)

Profit may be extinguished in the same way easements can as well as by surcharge (MISUSE)

Question 24

Horizontal Prvity

Answer 24

Requires parties to be in succession of estate
meaning (1) GRANTOR-GRANTEE
(2) LESSOR-LESSEEE (3) MORTGAGOR-MOTGAGEE

they must have shared some interest in the land, other than the covenant

Question 25

Doctrine of Equitable Conversion

Answer 25

Once signed contract for sale of land, risk of loss passes to buyer

However, if after contract, property destroyed, seller must credut any fire of casualty insurance proceeds to buyer

Question 26

Duty to Repair

Answer 26

Generally, a tenant has a duty to keep the premises in good order and repair, unless otherwise agreed to by the parties. The landlord, however, has a duty to repair common areas of use.