PROPERTY Flashcards
Does a Landlord have a duty to provide legal and actual possession?
Some jurisdictions don’t require landlord to put tenant in actual possession. Legal right to possess is sufficient. Only way a landlord can be liable for not providing actual possession is if it is found that landlord had an implied duty to do so.
*MAJORITY: “English Rule”-Landlord has an implied duty to deliver actual possession.
*MINORITY: “American Rule”-Landlord is merely required to give tenant legal possession.
What is a “deed poll”
A deed which only the grantor signs is a deed poll.
*When a grantee accepts a deed poll with knowledge of its contents, it is presumed that she assumes a mortgage and agreed to all conditions in it, even if she does not also sign.
Satisfying the SoF in a Sale of Land Contract
A contract for the sale of land/real property must satisfy the Statute of Frauds in order to be enforced. The Statute of Frauds requires that a contract for the sale of land be evinced in a signed writing containing the essential terms. Courts are generally lenient as to what terms must be contained in the writing, but all agree that the writing must adequately identify the particular parcel to be sold.
A contract for the sale of land that fails the Statute of Frauds makes the contract unenforceable either by specific performance or an action for damages.
Non-Trade Fixtures
Under the Trade-Fixture Doctrine, a trade fixture is a fixture installed by a tenant for use in her trade/business. At the end of the lease term, the tenant is permitted to remove all trade fixtures, provided that (1) they can be removed without serious damage to the real estate or (2) destruction to the fixture itself.
A Non-Trade Fixture may also be removed, as long as (1) the person who attached it did not intent to annex it permanently, and (2) the fixture can be removed without serious damage to the real estate, and (3) without serious destruction of the fixture itself. (AKA “Removable Non-Trade Fixtures”)
**Gives a tenant or her representative at death permission to remove the fixture (if reqts met) before or soon after the estate.
Classes in Class Gifts
A Class is deemed to close at the moment the class gift takes effect.
Rule Against Perpetuity Tips
Look to a life in being, and then whether an interest will vest (or fail) within his or her lifetime, plus up to 21 years.
*Don’t be thrown off by numbers (i.e. “30 years”). Ask “Will the interest be certain to vest or fail within a life (plus up to 21 years after) specifically mentioned or referred to in the conveyance?” If yes, then the conveyance/interest satisfies the Rule Against Perpetuities.
Life Tenant Duty to Pay Taxes
Because a life tenancy is by definition, to be followed by another interest, the Life Tenant has a number of duties owed to the future interest holder. One duty is to pay all the property taxes that come due while the Life Tenant holds possession of the property.
*However, a Life Tenant is liable to the Future Interest Holder for property taxes only to the extent of the rents received, or the fair rental value of the property, IF the Life Tenant occupies it.
