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Bar Prep > Property > Flashcards

Property Flashcards

1
Q

3 Forms of Concurrent Ownership

A
  • Joint Tenancy
  • Tenancy in the Entirety
  • Tenancy in Common
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2
Q

Joint Tenancy: Characteristics

A
  • Right of survivorship
  • Alienability (can transfer while alive)
  • Not descendible or devisable
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3
Q

How to Create a Joint Tenancy

A 
Four Unities (T-TIP):
T: at the same time;
T: by the same title;
I: with identical, equal interests; and
P: with rights to possess the whole
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4
Q

How to Sever of a Joint Tenancy

A
  • Severance and Sale: joint tenant may sell or transfer her interest during her lifetime and the transferee takes as a tenant in common
  • Severance and Partition: (1) by voluntary agreement, (2) by judicial action called partition in kind, or (3) by judicial action called a forced sale
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5
Q

Tenancy by the Entirety

A

A tenancy by the entirety is a marital estate akin to a joint tenancy. It can be created only between married partners, who take as a fictitious “one person” with the right of survivorship, severable only by death, divorce, mutual agreement, or execution by a joint creditor of both spouses.

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6
Q

Tenancy in Common

A

A concurrent estate with no right of survivorship where each co-tenant owns an individual part and has a right to possess the whole, and each interest is devisable, descendible, and alienable

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7
Q

3 Types of Waste a Co-Tenant Cannot Commit:

A
  • Voluntary: willful destruction
  • Permissive: neglect
  • Ameliorative: unilateral change that increases value
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8
Q

4 Leaseholds or Nonfreehold Estates

A
  • Tenancy for years
  • Periodic tenancy
  • Tenancy at will
  • Tenancy at sufferance
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9
Q

Tenancy for Years

A

Tenancy ends automatically at its termination date

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10
Q

Periodic Tenancy

A

A lease which continues for successive intervals until either the landlord or the tenant gives proper notice of termination

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11
Q

Tenancy at Will

A

Tenancy of no fixed period of duration - it’s terminable at the will of either the landlord or the tenant

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12
Q

Tenancy at Sufferance

A

Tenancy created when a tenant wrongfully holds over, meaning they remain in possession past the expiration of lease (to permit the landlord to recover rent)

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13
Q

Tenant’s 2 Duties

A
  • Duty to repair (routine repairs)

- Duty to pay rent

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14
Q

Landlord’s Options When Tenant Breaches and Is in Possession of Premises

A
  • Evict through courts or continue relationship and sue for rent due
  • Must not engage in self-help (change locks, forcibly remove tenant, etc.)
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15
Q

Landlord’s Options When Tenant Breaches but Is Out of Possession (Vacates With Time Left on Lease)

A

SIR:

  • Surrender: landlord accepts tenant’s abandonment as surrender of lease
  • Ignore: hold tenant responsible for unpaid rent until end of lease
  • Re-let the premises on tenant’s behalf and hold tenant liable for any deficiency
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16
Q

Duty to Deliver Possession

A

Landlord is required to put the tenant in actual physical possession of the premises at the beginning of the leasehold term

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17
Q

Implied Covenant of Quiet Enjoyment

A

Tenant has a right to quiet use and enjoyment of the premises, without interference from the landlord or a paramount title holder

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18
Q

Actual Eviction

A

Landlord, a paramount title holder, or a hold-over tenant excludes the tenant from the entire leased premises, terminating the tenant’s obligation to pay rent

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19
Q

Partial Eviction

A

Tenant is physically excluded from only part of the leased premises, relieving the tenant of the obligation to pay rent for the entire premises, even though tenant continues in possession of the remainder

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20
Q

Constructive Eviction

A

Landlord’s breach of duty renders the premises unsuitable for occupancy
(SING: Substantial Interference, Notice, Goodbye)

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21
Q

Implied Warranty of Habitability

A

The premises must be fit for basic human habitation

22
Q

Tenant’s Entitlements When Implied Warranty of Habitability is Breached

A
  • Move out and terminate lease
  • Repair and deduct
  • Reduce rent or withhold all rent until the court determines fair rental value
  • Remain in possession, pay full rent, and affirmatively seek money damages
23
Q

Retaliatory Eviction

A

Landlord may not terminate a lease or otherwise penalize a tenant in retaliation for the tenant’s exercise of their legal rights

24
Q

Civil Rights Act

A

Bars racial or ethnic discrimination in the sale or rental of all property

25
Q

Fair Housing Act

A

Protects tenants and potential tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status

26
Q

Assignment

A

An assignee stands in the shoes of the original tenant in a direct relationship with the landlord; the assignee and the landlord are in “privity of estate,” and each is liable to the other on all covenants in the lease that “run with the land”

27
Q

Sublease

A

A sublease arises when T1, the original tenant, transfers less than her entire interest to T2, making T2 responsible to T1, not the landlord

28
Q

Landlord’s Remedies with Breached Sublease

A

Landlord may terminate the main lease for nonpayment of rent or breach of other covenants if the lease so states or the power is given my statute, automatically terminating the sublease with the main lease

29
Q

The landlord is under no duty to make the premises safe, except:

A

CLAPS:

  • Common areas
  • Latent defects (duty to warn)
  • Assumption of repairs (once undertaken, must complete)
  • Public use rule
  • Short-term lease of furnished dwelling
30
Q

Easement

A

A grant of a nonpossessory property interest that entitles its holder to some form of use or enjoyment of another’s land, usually for a perpetual duration unless grant contains specific limit

31
Q

Affirmative Easement

A

The right to go onto and dod something on servant land

32
Q

Negative Easement

A

Entitles holder to prevent the servant landowner from doing something that would otherwise be permissible

33
Q

4 Categories of Negative Easements

A

LASS:

  • Light
  • Air
  • Support
  • Stream water from an artificial flow
  • (sometimes scenic views included)
34
Q

Easement Appurtenant

A

When it involves two parcels (one dominant, one servient) and benefits its holder in his physical use or enjoyment of his own land

35
Q

Easement in Gross

A

When there is no dominant tenement and confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment of their land

36
Q

Transferability of Easement Appurtenant

A

Passes automatically with transfers of the dominant tenement, regardless of whether it is even mentioned in the conveyance, unless bona fide purchaser of servient estate is without notice

37
Q

Transferability of Easement in Gross

A

An easement in gross is not transferable unless it is for commercial purposes

38
Q

Easement Creation

A

Basic methods of creating an easement is (PING):

  • Prescription
  • Implication
  • Necessity
  • Grant
39
Q

Easement by Grant

A

Easement must be memorialized in writing and signed by the holder of the servient estate tenement unless its duration is brief enough to be outside the coverage of the Statute of Frauds

40
Q

Easement by Implication

A

Created by operation of law; an exception to the Statute of Frauds

41
Q

Easement by Necessity

A

Implied when a landowner conveys a portion of her land with no way out except over some part of the grantor’s remaining land; owner of the servient parcel has the right to locate the easement

42
Q

Elements to Acquire Easement by Prescription

A

COAH:

  • Continuous and uninterrupted use for the given statute’s period
  • Open and notorious use (discoverable upon inspection)
  • Actual use that need not be exclusive
  • Hostile use (without consent)
43
Q

8 Ways to Terminate Easement

A

END CRAMP:

  • Estoppel
  • Necessity
  • Destruction
  • Condemnation
  • Release
  • Abandonment
  • Merger
  • Prescription
44
Q

Terminating Easement by Estoppel

A

If the servient owner materially changes their position in reasonable reliance on the easement holder’s assurances or representations (such that the easement will no longer be enforce), the easement terminates through estoppel

45
Q

Terminating Easement by Necessity

A

Easements created by necessity expire as soon as the necessity ends, unless the easement was reduced to an express grant

46
Q

Terminating Easement by Destruction

A

Destruction of the servient land, other than through the willful conduct of the servient owner, will terminate the easement

47
Q

Terminating Easement by Condemnation

A

Condemnation of the servient estate by governmental eminent domain will terminate the easement

48
Q

Terminating Easement by Release

A

A release given by the easement holder to the servient land owner will terminate the easement

49
Q

Terminating Easement by Abandonment

A

Easement holder must holder must show by physical action an intent to never use the easement again

50
Q

Terminating Easement by Merger

A

An easement is extinguished when title to the easement and title to the servient land become vested in the same person (person doesn’t need easement over their own land)

51
Q

Terminating Easement by Prescription

A

Servient owner may extinguish the easement by interfering with it in accordance with the elements of adverse possession (COAH)

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