Real Property Flashcards

Question

Tenancy of Years

Answer 1

lease of fixed/determinable period TERMINATION = no notice required Term > 1 yr MUST be in writing (SoF)

Answer 2

Successive or Continuous Intervals TERMINATION = notice required; must be at least equal to length of period with end at natural lease tenancy EXPRESS or IMPLIED

Answer 3

1) no duration specified but payment required at specific intervals; 2) oral agreement of terms of years with payment at specific intervals OR 3) if landlord elects to holdover tenant who wrongfully stays

Answer 4

no fixed period of duration Termination at ANY time

Answer 5

T wrongfully holds over expiration of lease

Answer 6

Must keep premises in good receipt Liability for injuries sustained by invitees, even if L promised to repair

Answer 7

must maintain premises and make ordinary repairs; no waste FIXTURESL pass with ownership of land unless private OR T can remove without causing substantial harm to premises LOSS: CL -- T liable for any loss, including force of nature. Modification: if loss w/o fault of T, T may terminate lease.

Answer 8

CL: Duty independent of L's obligation | Modern Modification: duty dependent on L's covenants under lease

Answer 9

Commercial Ts: may be held for new yr-to-ry lease if original was > 1 yr Residential Ts: held to new month-to-month lease, regardless of original term Rent = new rent if L advised T before term of old lease OR old rent if L advised T after term.

Answer 10

Acronym = SIR 1) Surrender (L treats as ending of leasehold, but if > 1 yr left, writing may be required ): 2) Ignore (hold T responsible for rent unpaid); 3) Re-let (hold T liable for deficiency but L must diligently try to re-let)

Answer 11

Majority (English rule): put T in physical possession. IF former T on premises, L is liable for damages Minority (American rule): Put T in legal possession, IF former T on premisses, that is T's issue

Answer 12

Breached by Total/Partial Actual or Constructive Eviction TOTAL EVICTION: L excludes T from entire premises; or actual or continual refusal to repair material damages that prevent habitability (terminates T's obligation to pay rent) PARTIAL EVICTION: 3rd party retakes and physically excludes T form portion of leased premises (rent proportionality reduced)

Answer 13

SING S I = Substantial Interference (chronic problem fundamentally imcompatible with quiet enjoyment); N = Notice (T notifies L, who fails to respond); G = Get out (T must vacate within reasonable time)

Answer 14

L not responsible for actions of other Ts, except cannot permit nuisances and must control/police common areas

Answer 15

CLAPS: ``` C = Common Areas (must maintain) L = latent defect (warn of those latent defects landlord should be aware of); A = Assumption of Repairs (if you say you'll fix, fix with reasonable care); P = Public use Rule (defects if leasing public space); S = Short term lease of furnished apt (liable for any defects causing harm) ```

Answer 16

REQ'T: fit for basic human habitation as determined by housing code or individual judicial conclusion. Breach: M + 3 Rs ``` M = Move out (and terminate); R= Repair and deduct R = Reduce rent (or withhold until court determines fair market value -- but put $ in escrow); R = remain and sue (pay rent and get damages) ```

Answer 17

T only has ability to assign or sublease the interest (time) he has If extended, then sublease for that extra time would be invalid and the submitter/assignee could be ejected

Answer 18

Transfer in entirety. L and T2 are in privity of estate but not in privity of K. L and T1 not in privity of estate but in privity of K. T2 is primarily responsible and T1 is secondarily responsible SUBLEASE: only portion of interest transferred. L and T2 are not in privity of estate or K. T1 and T2 are responsible to each other.

Answer 19

Right to do something on serviant land

Answer 20

Requires holder to compel serviant owner to refrain. Limited to LASSS: Light, Air, Support, Stream, Scenic View

Answer 21

Physical use/enjoyment of property Passes automatically with dominant tenement and with servient tenement unless BFP without notice IN GROSS: only personal or commercial advantage. Non-transferrable unless for commercial purpose

Answer 22

PING: ``` P = Prescription (continuous, open, adverse, hostile) I = Implication (if division, implied from existing use if apparent and reasonably necessary to dominant land's use/enjoyment) N = Necessity (if division creates land lock) G = grant (>1yr must be in writing) ```

Answer 23

END CRAMP: E = estoppel (servient landowner materially changes position in reasonable reliance that easement won't be enforced); N = Necessity: D = Destruction of servient land C = Condemnation of servient land by imminent domain; R =elease (in writing) A = Abandonment (physical action by holder expressing intent never to use again); M= Merger (if separated later, doesn't auto revive) P = Prescription (servient owner interferes)

Answer 24

Privilege to enter land for specific purpose Informal and freely and revocable, unless estoppel (licensee invested substantial money/labor in reasonable reliance on continuation)

Answer 25

Permission to enter land to take soil. Same rules as easements.

Answer 26

Contractual promise to do or not to do something on the land

Answer 27

WITHVN: W = writing (by original parties) I = Intent (by original parties to run) T = Touch/Concerns (provides some value to benefited party); H + V = horitzontal and vertical privity (H: succession of estate between original parties, e.g., grantor/ee, L/T, debtor/creditor. V = non-hostile nexus) N = Notice (AIR (actual, record, or inquiry)

Answer 28

WITV ``` W = Writing I = Intent T = Touch and Concern V = Vertical Privity ```

Answer 29

Operates like covenant, but injunction required to enforce burden

Answer 30

WITNES: ``` W= Writing I= Intent T=Touch and Concern N= Notice E= equitable S= servitude ```

Answer 31

Majority Rule: Req's: (1) General scheme by subdivider began when sale began; and (2) Notice (AIR) Defense: changed condition is SO pervasive it affects entire area

Answer 32

Possession for statutory period of time can ripen into title if its COAH: C: continuous O: Open and Notorious A: Actual H: Hostile Possessor's state of mind is irrelevant. NO adverse possession if owner disable at inception. Tacking OK IF privity between adverse possessors

Answer 33

SoF require writing unless (2 or 3): 1) Posession 2) Payment 3) Substantial Improvements

Answer 34

B owns land when K is signed so buyer bears risk

Answer 35

MARKETABLE TITLE at closing free from adverse possessions, encumbrances, zoning violations NO FALSE STATEMENT OF MATERIAL FACT, including failure to disclose latent, material defects NO IMPLIED PROMISE OF FITNESS OR HABITABILITY unless new home builder (promise of workmanlike construction)

Answer 36

Time not of the essence UNLESS stated in K Performance rendered within reasonable time after closing date is OK

Answer 37

Deed replaces K as controlling doc. Req's: LEAD -- Lawfully Executed And Delivered Lawful execution = writing, signed by grantor ("G"), comports with stat req's (no consideration req'd and description only requires "good lead") Delivery: G must have present intent to be immediately bound. Recipient's express rejection defeats delivery

Answer 38

No covenants. Only gives what grantor has.

Answer 39

Sad Crying Elvis Wants Queen Anne ``` Seisin: G owns estate he's conveying Rt. to Convey -- has power to convey w/o temp. restraints; Against encumbrances (no servitudes or mortages0 Warranty (promise to defend against lawful claims by others) Quiet enjoyment (no disturbance by 3rd party's lawful claim of title) Further Assurances (do whatever necessary to perfect title) ```

Answer 40

Promises G makes on behalf of himself that he won't convey to anyone else and property is free from encumbrances made by G

Answer 41

BFP: purchaser for value and without notice of someone else buying first (actual, inquiry or record notice). Doomed Donner: no protection for heir, devisee, or donee except shelter rule. Estoppel: person conveying land w/o any interest in it is estopped from denying validity of conveyance if he late acquires.

Answer 42

One who takes from BFP is protected just like BFP

Answer 43

Out of order deed doesn't give record notice

Answer 44

2nd buyer wins if neither BFP nor buyer A record

Answer 45

1st Buyer wins if records before 2nd buyer

Answer 46

Encumbrance in writing

Answer 47

Deed absolute on face given as collateral

Answer 48

1) Note must be negotiable and made payable to named mortgage 2) original note must be endorsed and signed by mortagee 3) original must be delivered 4) Transferee must take note in good faith without notice of illegality 5) Transferee must pay value for note. Transferee is holder in due course. T takes free of personal defenses but subject to real defenses.

Answer 49

MAD FIFI 4 ``` Material Alteration Duress Fraud in Factum Incapacity Illegality Infancy Insolvency ```

Answer 50

Assumption of mortgage: Debtor and buyer are personally liable. Buyer is primarily and Devtor is secondarily liable Subject to no mortgage: Buyer has no personal liability; only owner is personally liable, but home can still be foreclosed

Answer 51

All junior lien holders must be joined or mortgage will remain on land D must be joined if seeking deficiency judgement

Answer 52

IN equity: up to date of sale, debtor may pay missed payments + interest + cost Statutory redemption: 1/2 states allow redemption within fixed period (e.g. 6 months). Mortagor has right to possess during that time.

Answer 53

First to record, first in right BUT, purchase money mortgage has "super-priority"

Answer 54

If sale < debt, mortgage brings deficiency action If sale > debt, junior liens paid in full by order of priority, surplus to debtor

Answer 55

If sale > debt, mortgage (*****

Answer 56

Surface owner has right to make reasonable use of water beneath surface, but can't be wasteful

Answer 57

Water initially belongs to the sate Right to divert and make beneficent use can be acquired by indiviudal Rights determined by priority of beneficial use (e.g., agriculture). First in time, first in right generally

Answer 58

Water belongs to landowners (riparians) bordering water course Liable only for unreasonable interference with other's use

Answer 59

Strict liability if excavation causes adjacent land in natural state to cave or if land with building can show the land would have collapsed in natural state

Answer 60

Common enemy rule: landowner can change drainage, but can't unnecessarily harm land of another

Answer 61

Creates flexibility Requirements: 1) undue hardship; 2) variance won't decrease neighboring prop value Determined by admin action before zoning board

Answer 62

Once lawful but no longer because of new zoning ordinance Can't be eliminated all at once unless just compensation paid

Answer 63

Amenities government seeks in exchange for granting permission to build. Inherently suspect -- must be reasonably related in nature and scope to impact of proposed development

Answer 64

No zoning restrictions that impose substantial burden on religious exercises of a person/institution unless compelling government interest

Answer 65

Zones ranked in hierarchy. Residential zones = higher business zones = lower Uses allowed in higher zones also allowed in all lower zones. But, no uses allowed in higher zone than the zone for which it was originally listed. (e.g., may build residential home in business district, but no businesses in residential district).

Answer 66

Allowed uses are exclusive to individual district (e.g., no residential building in business district)

Answer 67

Exempt businesses/ class of persons from new zoning rules/regulatinos

Answer 68

Typically valid IF lawful non-conforming uses BUT there is expectation that non-conforming use will come to an end (e.g., factory in residential zone may be prohibited from upgrading facilities since owl indicate no intent to eventually conform)

Answer 69

disposition (by decent, deed, or any other method) governed by laws of place where property located BUT: if property only incidental to K and K is personal in nature, traditional conflicts of law rules for Ks apply

Answer 70

If no choice of law by parties, validity of K determined by local law of state where property located. UNLESS another state has more significant relationship under choice of law principles to transaction or parties.

Answer 71

Typically governed by law of jurisdiction where property located. BUT in some jurisdictions, validity and effect of executory K for land sale governed by place where K is made and to be performed