MEE - Real Property

Question 1

Constructive Eviction

Answer 1

When a LL substantially interferes with the tenant’s use and enjoyment of the property by breaching a duty to the tenant, the tenant’s obligation to pay rent may be excused under the theory of constructive eviction. The landlord must have breached a duty, which caused the loss of the substantial use and enjoyment of the premises, the tenant must give the LL notice of the problem and reasonable opportunity to cure, and the tenant must vacate the property within a reasonable period of time. Not every interference with the use and enjoyment of the premises amounts to a constructive eviction.

Question 2

Merger (easement termination)

Answer 2

An easement is terminated if the owner of the dominant estate acquires fee title to the other estate. The easement is said to “merge” into the title. The merger of property interests result in the extinguishment of the property right.

Question 3

Easement by Implication

Answer 3

If the owner of two parcels of land previously used one parcel to benefit the other, then the court may find that, upon the transfer of one parcel, the parties intended the use to continue if that use was continuous, apparent or known, and reasonably necessary to the dominant land’s use and enjoyment.

Question 4

Mortgage Foreclosure - Proceed Payout

Answer 4

When multiple interests must be paid of a foreclosure sale, generally, the earliest mortgage placed on the property has priority over the other interests.