CEMENT THREE Flashcards
2
SURFACE WATER LANDOWNERS - NATURAL FLOW THEORY - SURFACE LANDOWNERS ARE LIABLE WHERE THEY

- UNREASONABLY ALTER NATURAL DRAINAGE
2
IN ORDER TO JUSTIFY A CONDITION ON A BUILDING PERMIT, THERE MUST BE A
- NEXUS BETWEEN LEGITIMATE STATE INTEREST AND CONDITION IMPOSED.
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WHERE A NEXUS IS FOUND BETWEEN CONDITION ON BUILDING PERMIT AND LEGITIMATE STATE INTEREST, THERE MUST ALSO BE

- ROUGH PROPORTIONALITY BETWEEN REQUIRED DEDICTATION AND
- IMPACT ON COMMUNITY.
- CITY BEARS BURDEN OF MEETING THIS HIGHER TEST.
2
SURFACE WATER - COMMON ENEMY THEORY - THE LANDOWNER MAY DO

- ANYTHING TO CHANGE DRAINAGE/COMBAT FLOW
- AS LONG AS IT DOESN’T CAUSE UNNECESSARY DAMAGE TO OTHER’S LAND
3
THREE COMPETING THEORIES OF SURFACE WATER LANDOWNERSHIP ARE
- NATURAL FLOW VS.
- COMMON ENEMY VS.
- REASONABLE USE THEORY
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EASEMENT BY RESERVATION IS CREATED WHERE
- GRANTOR CONVEYS TITLE TO LAND
- RESERVES RIGHT TO CONTINUE USING LAND FOR STATED PURPOSE
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STATUTE OF FRAUDS - WHERE A CONTRACT IS BETWEEN MERCHANTS, AND A RECEIVING MERCHANT FAILED TO OBJECT TO A CONFIRMATION MEMO WITH A TRANSCRIPTION ERROR REGARDING THE QUANTITY OF GOODS WITHIN 10 DAYS
- THE MISTAKE IS BINDING.
- (CONSIDER EQUITY DEFENSES.)
2
FOR NOTICE STATUTES, FOR THE BFP WHO TAKES WITHOUT NOTICE, MAKE SURE SHES IS TAKING WITHOUT NOTICE OF A
PRIOR, UNRECORDED, INTEREST
2
SELLER’S AGENT MAY STILL EARN COMMISSION WHERE THE SALE FAILS TO CLOSE DUE TO
- SELLER’S FAULT
1
BUYER’S AGENT IS TECHINICALLY A SUBAGENT OF THE
- SELLER’S AGENT
2
LANDLORDS AND NO SELF HELP - LANDLORD MAY NOT
- FOREFULLY REMOVE TENANT’S PROPERTY
- CHANGE LOCKS
2
WHERE TENANT DOES NOT PAY RENT AND CONTINUES TO MAINTAIN POSSESSION, LANDLORD MAY
- FILE FOR NOTICE OF EVICTION
- SUE FOR RENT DUE
1
WHERE TENANT REMOVES FIXTURES, HE COMMITS
- WASTE
1
WHERE AN ILLEGALITY BY A TENANT IS MINOR, IT MAY NOT
- CONSTITUTE A BREACH
1
HOLDOVER TENANT - WHERE A LANDLORD ELECTS TO IMPOSE A NEW PERIODIC TENANCY ON A HOLDOVER TENANT, HE CAN DEMAND HIGHER RENT WHERE
- HE GAVE NOTICE OF THE INCREASE BEFORE THE LEASE EXPIRED.
1
COMMERCIAL LEASE - IF A HOLDOVER TENANT IS A COMMERCIAL TENANT, HE CAN IMPOSE A YEAR TO YEAR PERIODIC TENANCY WHERE THE ORIGINAL LEASE WAS
- OVER A YEAR LONG
5
A TENANCY AT WILL WILL TERMINATE BY OPERATION OF LAW WHERE
- DEATH OF EITHER PARTY
- WASTE BY THE TENANT
- ASSIGNMENT BY THE TENANT
- TRANSFER OF THE TITLE BY THE LANDLORD
- LEASE BY THE LANDLORD TO A THIRD PARTY
2
A TENANCY AT WILL MUST BE CREATED BY
- EXPRESS AGREEMENT
- (IF NO EXPRESS AGREEMENT, THE COURTS WILL TREAT THE LEASE AS AN IMPLIED PERIODIC TENANCY)
1
WHILE A TENANCY AT WILL CAN BE TERMINATED BY EITHER PARTY, THIS IS USUALLY REQUIRED
- A REASONABLE NOTICE TO VACATE
1
TERMINATION OF PERIODIC TENANCY REQUIRES THAT THE TERMINATION MUST BE AT THE
- END OF THE PERIOD OF THE TENANCY
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FOUR MEANS OF CREATING PERIODIC TENANCY
- EXPRESS AGREEMENT
- IMPLICATION (RENT IS PAID AT SET INTERVALS)
- INVALID LEASE BUT LANDLORD ACCEPTS PAYMENT*
- HOLDOVER TENANT BUT LANDLORD ACCEPTS PAYMENT*
PERIOD OF TENANCY IS FOR AMOUNT OF TIME PAYMENT COVERS
3
TENANCY BY THE ENTIRETY - RIGHT OF PARTITION
- ONE SPOUSE CANNOT CONVEY HER PORTION
- ANY ATTEMPT TO DO SO IS INVALID
- NO DESTRUCTION OF TENANCY
1
TO REACH A TENANCY BY THE ENTIRETY, THE CREDITORS MUST BE
CREDITORS OF THE COUPLE
1
WASTE - A CO-TENANT CAN BRING AN ACTION AGAINST ANOTHER CO-TENANT FOR
- WASTE






