Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Property > Flashcards

Property Flashcards

1
Q

Tenant Duties

A
  1. Duty to Maintain (repair)
  2. Duty to not use premises for illegal purposes
  3. Duty to pay rent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Duty to Maintain

A

To not create damage. Maintain and make ordinary repairs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

3 types of waste

A
  1. Voluntary (affirmative)
  2. Permissive
  3. Ameliorative
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Voluntary Waste

A

T intentionally or wrongfuly damages the premises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Permissive Waste

A

T fails to take steps to protect the premises from the element. T liable for ordinary repairs (not normal wear and tear)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Ameliorative Waste

A

T alters premises increasing the value. T liable for cost of restoration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

4 types of tenancies

A
  1. Tenancy for years
  2. Periodic Tenancy
  3. Tenancy at will
  4. Tenancy at sufferance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Tenancy for years

A

Fixed period of time

Year or more must be in writing (SOF)

Terminates at end of lease period

Can be week to week, month to month, or year to year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Periodic Tenancy

A

Continuous for successive intervals (i.e. year to year, month to month)

Termination date uncertain until notice

Give notice 1 period before but if year tp year, 6 months

Can be implied without a writing (i.e. Holdover tenant that L lets stay)

Usually determined by payment date

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Tenancy at Will

A

No fixed duration - Either party may terminate at will

Terminated by notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Tenancy at Sufferance

A

Arises when T wrongfully remains in possession (holdover).

T wrongdoer and is liable for rent

LL can evict or bind to new periodic tenancy

Rent for holdover is FRV

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Landlord remedies for Tenant breach of duties

Acronym SIR

A

S - Surrender: T shows by words or conduct he wants to give up lease and L can then accept as SURRENDER

I - Ignore (the abandonment): Ignore and hold T liable, just like T is still there

R - Relet: Must try to relet the premises to mitigate damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Landlord Duties to Tenants

A
  1. Duty to deliver possession
  2. Quiet Enjoyment
  3. Implied warranty of habitability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Duty to Deliver

A

T is given actual possession of premises at beginning of leasehold term

L in breach if he doesn’t evict holdover

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Actual Eviction

A

L, paramount title holder, or holdover tenant excludes T from entire leased premises.

Terminates T’s obligation to pay rent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Partial Eviction

A

T excluded from part of leased premises. ]

If done by L, T removed from obligation to pay rent for entire premises, even though T continues possession

If done by 3P with paramount title, T must pay apportionment of the rent (rent on part he possesses)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Constructive Eviction

Acronym: SING

A

L’s breach of duty renders the premises unsuitable for occupancy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Elements of constructive evictions

A

SI: Substantial interference - deprived the T of his use and enjoyment of the premises (i.e. absence of heat, water)

N: Notice- T gave L notice and reasonable time to repair

G: Goodbye/Get Out - After reasonable time, T vacated the premises.

  • T may terminate the lease and seek damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Breach of implied warranty of habitability remedies

Acronym: MRRR

A

M: Moveout - and terminate the lease

R: Repair - make reasonable repairs and deduct costs

R: Reduce Rent

R: Remain: in Possession and Pay full rent and sue for damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Does the implied warranty of habitability apply to commercial tenants?

A

No just residential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Retaliatory Eviction

A

L cannot terminate lease or penalize a T for exercise of his legal right.

Shown if terminates within 90 to 180 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Assignment

A

A complete transfer of one’s entire remaining leasehold term. (keeps no interest for himself)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Sublease

A

T retains any part of the remaining term for himself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Privity of Estate

A

Mutual or successive relation to the same right in property

Assignee and LL have a direct relationship. Each liable to the other. L can sue assignee for unpaid rent. Assignor no longer in privity to LL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Who is in privity of contract?

A

Sublessor and LL.

Sublessee not liable to LL for rent so LL cannot sue sublessee for rent or damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Law of Servitudes

A

Law of non-possessory interests in land that gives the holder a right to use the land of someone else

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Five kinds of non-possessory interests in land

A
  1. Easement
  2. License
  3. Profit
  4. Real Covenent
  5. Equitable Servitudes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Easement

A

The non-possessory interest that entitles it’s holder of a limited use or enjoyment in another’s land

29
Q

2 types of easement entitlement

A
  1. affirmative

2. negative

30
Q

Affirmative Easement

A

Holder has the right to use the servient tenement

31
Q

Negative Easement

A

An easement that is narrow in scope that entitles the holder to compel the possessor of the servient tenement to refrain from engaging in an activity on the servient estate.

Must be created expressly by writing.

32
Q

5 most common negative easements

LASS

A
  1. Light - ex: can’t take away view by building up. * most commonly tested
  2. Air
  3. Support
  4. Stream water from an artificial flow
  5. Scenic View
33
Q

2 types of easements

A
  1. Easement Appurtenant

2. In Gross

34
Q

Easement Appurtenant

A

Benefits the holder in his physical use or enjoyment of another tract of land.

35
Q

Requirements for easement Appurtenant

A

Two parcels of land
1. Dominant Tenement - The estate benefited by the easement

  1. Servient Tenement - The estate subject to the easement

Ex: DC House Driveway: Our property (dominant), Bud’s house (servient)

36
Q

Transferability of Easement Appurtenant

A

Passes with the benefitted land (dominant tenement), regardless of whether it is mentioned in the conveyance

Passes automatically with servient tenement unless bona fide purchaser has no actual or constructive notice of the easement

37
Q

Scope of Easement Appurtenant

A

Set by terms and conditions that created it. Usually in writing if more than 1 year

38
Q

Easement In Gross

A

Confers upon its holder a personal or financial gain, not linked to use/enjoyment of his land.

BENEFITS HOLDER NOT PARCEL so no DOMINENT TENEMENT

39
Q

Easement In Gross Example

A
  1. Swim in another’s pond
  2. Right to place a billboard on another’s land
  3. Right to lay power lines on another’s land
40
Q

Transferability of Easement In Gross

A

Not transferable unless it is for a commercial purpose.

41
Q

PING: 4 ways to create Easement Appurtenant

A
  1. Prescription
  2. Implication
  3. Necessity
  4. Grant
42
Q

Easement Appurtenant created by Prescription

A

Acquired through the same way as adverse possession

Ends when statutory period ends (becomes the APers)

43
Q

Easement Appurtenant by Prescription Elements (COAH)

A
  1. Continuous - statutory period
  2. Open and notorious
  3. Actual - doesn’t need to be exclusive
  4. Hostile - without owners consent
44
Q

Easement Appurtenant by Implication

A

Implied by law (no writing) from prior use

45
Q

Easement Appurtenant by Necessity

A

Continued use necessary for enjoyment. Ends when necessity ends.

Ex: using driveway because no other way to reach parcel

46
Q

Easement Appurtenant by Grant

A

More than 1 year must be in writing. Must comply with the formal requirements of a deed.

47
Q

Does misuse or overuse terminate the easement?

A

NO. Holder has a duty to maintain and make repairs.

48
Q

License

A

A privilege to enter another’s land for some purpose.

Created: Orally (no need for SOF)

It is NOT an interest in land!

49
Q

Revocation of a license

A

Revocable at the will of the licensor UNLESS estoppel

Estoppel means the license is irrevocable if the licensee invests substantial amounts of money or labor in reliance on the license.

50
Q

License Examples

A
  1. Ticket - purchase ticket to a show. You have a right to be there.
  2. Neighbors talking “you can use my property”
51
Q

Profit

A

Entitles the holder of the benefit to take (remove) some resources from the servient estate.

52
Q

How is a profit determined?

A

Shares all the rules of an easement but it is not called an easement.

53
Q

Profit vs Easement

A

Profits mean the holder can take from the land for profit

54
Q

Covenant

A

A written promise to do something or refrain from doing something on the land.

Run with the land.

55
Q

2 types of covenants

A
  1. Restrictive

2. Affirmative

56
Q

Restrictive Covenant

A

a promise to refrain from doing something

Ex: No build for commercial use on the land

57
Q

Affirmative Covenant

A

A promise to do something

58
Q

Damages for breach of covenant

A

Money damages (at law)

Equitable servitudes seek injunction which is an equitable remedy

59
Q

How to create a covenant?

WITHN

A
  1. W - writing
  2. I - Intent
  3. T - Touch and Concern
  4. H - Horizontal and vertical privity
  5. N - Notice of promise
60
Q

Intent (covenant element 2)

A

Parties have intended that successors in interest be bound by the written terms of the covenant

61
Q

Touch and Concern (covenant element 3)

A

Covenant is relevant to the land or parties by way of negative (restrict holder of servient estate to his use of that parcel) or affirmative (require the holder of the servient estate to do something which increases his obligations in connection with his enjoyment of the land).

62
Q

Horizontal Privity (covenant element 4)

A

At the time the promisor entered into the covenant with the promisee, the 2 must have shared some interest in the land independent of the covenant. (I.e. they were the original parties)

ex: grantor/grantee, landlord/tenant, mortgagor/mortgagee

63
Q

Vertical Privity (covenant element 4)

A

To be bound, the successor in interest to the covenanting party must hold the entire durational interest held by the covenantor at the time he made the covenant.

Any succeeding possessory estate or assignee of the original estate

A nexus b/w the 2 parties.

64
Q

Remedy for breach of a covenant

A

Money damages

65
Q

Termination of a covenant

A
  1. written release
  2. merger of the benefitted and burdened estates
  3. condemnation of the burdended proeprty
66
Q

Equitable Servitudes

A

A promise regarding land that equity will enforce against successors.

67
Q

How to create an Equitable Servitude

WITNES

A
  1. Writing
  2. Intent
  3. Touch and concern
  4. notice
  5. Equitable Defenses
68
Q

Differences between Covenant and Equitable Servitude Formation

A

Privity (horizontal or vertical) is not required

69
Q

When will equitable defenses make the servitude unenforceable?

A
  1. Unclean Hands - person seeking enforcement is violating a similar restriction on his own land
  2. A benefited party ACQUIESCED in a violation of the servitude
  3. ESTOPPEL - a benefited party acted in such a way that a RP would believe the covenant was abandoned or waived
  4. Laches - benefited party fails to bring suit within reasonable time
  5. Neighborhood has changed so enforcement is inequitable.

Property (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions