Real Property Flashcards
(29 cards)
Can an owner kick out a sublessee who isn’t paying rent, even if they are not in privity of estate or contract?
Yes–owner has right to reclaim possession in the event that rent is not paid.
The hardship for which a variance is sought [may][may not] be created by the owner who seeks the variance.
may not
Is there a requirement that a need for a zoning variance stem from a zoning change?
No
what is required for horizontal privity to exist in a real covenant
some shared property interest must exist (apart from the covenant) such as a landlord-tenant relationship or the relationship between a buyer and seller of land, for the covenant to run with the land and bind a subsequent holder of the property
***cannot merely be neighbors
what is required for horizontal privity to exist in a real covenant
some shared property interest must exist (apart from the covenant) such as a landlord-tenant relationship or the relationship between a buyer and seller of land, for the covenant to run with the land and bind a subsequent holder of the property
***cannot merely be neighbors
what is “estoppel by deed” doctrine
Under the “estoppel by deed” doctrine, a grantor who conveys an interest in land by warranty deed before actually owning it is estopped from later denying the effectiveness of his deed. Consequently, when the grantor does acquire ownership of the land, the after-acquired title is transferred automatically to the prior grantee.
estoppel by deed, what happens if there is a subsequent purchaser from the same grantor?
because the wild deed leaves the chain of title, the buyer can obtain good title in a notice or race-notice jurisdiction
A member of a common-interest ownership community, such as a condominium, [is][is not] entitled to withhold payment of assessments to set off against a default by the association in fulfilling its duties to the member.
is not
Although an instrument is recorded and indexed in the recording office, it may not be recorded in such a way as to give notice to subsequent purchasers (i.e., the deed may not be in the “chain of title”). A recorded deed that is not within the chain of title is a “_______.”
wild deed
is a land possessors duty to maintain safe conditions on premises that are open to the public delegable?
no
is it possible to delegate the duties to safely perform activities that are (1) conducted in public places; (2) regulated by law; (3) infringe on private property rights (e.g., nuisance, trespass), OR (4) are abnormally or highly dangerous?
no
a trespass is excused for both private and public necessity–but what can the property owner recover in these cases?
private necessity: actual damages UNLESS the entry was for the landowner’s benefit
public necessity: nothing
land possessors owe invitees a duty of _________ _____
reasonable care
A land possessor has a duty ot warn or protect _______ or ________________ trespassers from concealed, dangerous artificial conditions that involve risk of death or serious bodily harm
known or anticipated
what is the mnemonic RE: special relationships imposing a duty to protect others?
Please Help Eliminate Safety Concerns Causing Injuries
Parent/child Hospital/patient Employer/employees Shopkeeper/business invitees Common carrier/passengers Custodian/person in custody Innkeeper/guests
Under the doctrine of joint and several liability, when multiple tortfeasors cause the plaintiff indivisible harm, each tortfeasor is liable for the ______ amount of the plaintiff’s damages.
total
Establishing a profession’s applicable standard of care—and a defendant’s deviation from that standard—typically requires expert testimony. But when the defendant’s negligence is so apparent that a lay person could identify it, expert testimony [is still][is not] required.
is not
Under the risk-utility test, a product is defectively designed if (1) the design creates a ____________ risk of harm and (2) that risk could have been ____________ by a reasonable alternative design—e.g., a safer design available at a reasonable cost.
foreseeable
mitigated
The owner of an animal—other than a dog or cat—that intrudes upon another’s land is ______ ______ for any reasonably foreseeable damage caused by that intrusion.
strictly liable
Parents owe a duty to exercise __________ ____ to prevent their minor child from causing foreseeable harm to others.
reasonable care
Under a negligence theory, the plaintiff can recover damages resulting from any personal injury or damage to property. However, a claim for ______ ________ loss is not allowed.
purely economic
to establish a prima facie case for _________________ ________________ ______ _ __________, the plaintiff must prove that:
(1) a valid contract existed between the plaintiff and a third party;
(2) the defendant knew of the contractual relationship;
(3) the defendant intentionally interfered with the contract, causing a breach; and
(4) the breach caused damages to the plaintiff
intentional interference with a contract
If a contract is terminable at will, is the privilege of fair competition a valid defense to an intentional interference with a contract claim?
yes
does there need to be a substantial pecuniary loss for a plaintiff to prevail n an intentional interference with contract claim?
no
