Real Property Flashcards
(32 cards)
When is a right of way by absolute necessity created?
When the owner of a tract of land sells part of it, and the division deprives one lot of access to a public road.
Who gets the right to locate a right of way via absolute necessity?
Owner of servient tenement
What kind of easement is an easement by necessity?
Easement appurtenant
What are the requirements to enforce the benefit of a covenant?
Must have:
1) a writing satisfying statute of frauds,
2) intent that the covenant runs with the land,
3) vertical privity, AND
4) covenant touches and concerns the land
What elements are required to enforce the burden of a covenant?
Must have:
1) a writing satisfying statute of frauds,
2) intent that the covenant runs with the land,
3) vertical privity,
4) covenant touches and concerns the land
5) horizontal privity between original parties AND
6) new owner has notice
What payments is the life-tenant responsible for during their lifetime?
Ordinary expenses and taxes for the property
What is a vested remainder?
Future interest in land given to an identifiable person with no conditions
What is a contingent remainder?
A future interest in land conditioned upon the occurrence or non-occurrence of a specific event
What are the four unities for creation of a joint tenancy?
1) Unity of time
2) Unity of title
3) Unity of interest
4) Unity of possession
What are the two different views for what happens if a joint tenant takes out a mortgage on their interest?
Lien theory (majority) -> does not sever
Title theory (minority) -> mortgage does sever
Does an out-of-possession co-tenant have the right to receive rent?
no, unless
a) otherwise agreed OR
b) they were wrongfully ousted
What is the modern view of the tenancy created when a hold-over occurs?
An implied month-to-month tenancy is created with identical terms to the original lease
If the implied warranty of habitability is breached, what can the tenant do?
1) Move out and terminate lease
2) Withhold or reduce rent
3) repair the issue & deduct the cost; OR
d) remain on the premises and sue for damages
When is the implied covenant of quiet enjoyment breached?
When the tenant is constructively evicted
What are the elements of constructive eviction?
1) Landlord breached a duty to tenant
2) the breach caused a loss of substantial use and enjoyment of the premises
3) tenant gave landlord notice of condition;
4) landlord failed to remedy within reasonable time AND
5) Tenant vacated premises
Is a sublessee liable to the landlord for anything?
No–not liable to landlord for rent or other covenants (no privity of estate or contract)
What is an equitable servitude?
A covenant that equity will enforce if the burdened estate had notice of covenant (regardless of whether it runs with the land)
Does an easement in gross pass to subsequent owners?
No, UNLESS the easement is for commercial activity
What are the four ways to create an easement?
1) Grant
2) Prescription
3) Implication
4) Necessity
When is an easement by prescription created?
Possessor’s use of land is:
1) open and notorious
2) continuous;
3) hostile (without permission from the land owner) AND
4) for the statutory period (i.e. 10 years)
What is required for an easement to be terminated by abandonment?
Must have a physical action showing an intent to never use the easement again
When can a licensor be estopped from revoking the license?
Normally can be revoked at any time, but may be estopped if licensee invested substantial money/labor in reasonable reliance
What is a fixture?
Personal property so affixed to the land that it becomes part of the land
What is the test for whether something is a fixture?
Objective intent of the installer