Real Property

Question 1

Leasehold Estates (4)

Answer 1

1. Tenancy for years
2. Tenancy at will
3. Periodic tenancy
4. Tenancy at sufferance

Question 2

Tenancy for Years

Answer 2

It’s for a fixed, determined period of time.
- You know when it ends when it’s created.
- Must be in writing if for a term of more than one year.
- NO NOTICE needed to terminate leasehold.

Question 3

Periodic Tenancy

Answer 3

Continues for successive intervals until properly terminated.
- month to month, year to year, week to week
- can be created expressly by putting it into the lease
- can also arise by implication or operation of law

Question 4

Termination of a Periodic Tenancy

Answer 4

Must give notice, usually in writing, at a certain time frame.
- month to month = 1 month notice
- week to week = 1 week. notice
- year to year or greater = 6 months notice at CL Note: Modern rule is one month notice

Question 5

Tenancy at Will

Answer 5

No fixed period of duration at all.
- usually need an express agreement saying the lease can be terminated at any time
- if no express agreement but pay monthly rent, becomes an implied periodic tenancy

Question 6

Termination of a Tenancy at Will

Answer 6

Both tenant and landlord may cancel the lease AT ANY TIME.

Question 7

Tenancy at Sufferance

Answer 7

Created when a tenant wrongfully holds over, staying past the expiration of their lease.

Question 8

Termination of a Tenancy at Sufferance

Answer 8

Terminated when the landlord:
- evicts the tenant
or
- hold tenant to a new tenancy
- NO NOTICE REQUIRED

Question 9

Assignment

Answer 9

Tenant transfers their interest in whole

Question 10

Sublease

Answer 10

Tenant transfers their interest in part

Question 12

Privity of Estate & Contract re: Leaseholds

Answer 12

Assignment = new tenant is liable for promises that run with the land
- original tenant is still in privity with landlord: privity of contract
Sublease = the new tenant is not in privity of contract or estate with the landlord
- only in relationship with original tenant: landlord cannot go after subleasing tenant

Question 13

Landlord-Tenant Law

Answer 13

• Tenant Duties & Obligations: duty to pay rent, obligation to repair not including long term substantial repairs or ordinary wear and tear
  Landlord’s Remedies
  – Still present: if tenant is not paying rent and still in the property, eviction OR landlord can sue for rent owed and let relationship continue
  – Out of property already: 1) treat abandonment as offer to terminate the lease, 2) do nothing, 3) mitigate damages: find new tenant

Question 14

Landlord’s Duties and Obligations

Answer 14

• implied covenant of quiet enjoyment: free from interference from the landlord or anyone claiming to have an interest in the land
• implied warrant of habitability:
• anti- discrimination legislation: a landlord cannot refuse to rent to someone because of their race,
• At common law, the landlord has NO DUTY to make the premises safe

Question 15

Easement

Answer 15

An interest that entitles its holder to some form of use or enjoyment of another person’s land for a specified purpose.

Question 16

Easement in Gross

Answer 16

The holder of the easement in gross derives a personal benefit from the easement
- only one piece of land
- no dominant tenement
- ex: billboard on someone else’s land, right to fish on someone else’s land

Question 16

Easement Appurtenant

Question 17

Dominant Tenement

Answer 17

the land that benefits from the easement

Question 18

Servient Tenement

Answer 18

the land that is burdened by the easement
- in service to the easement holder

Question 19

Four Methods to Create an Easement

Answer 19

1. grant
   - I grant this easement to you + in writing with a deed.
2. implication
   - created by operation of law
   - no writing required
   - ex: bridge from east parcel to west parcel to reach house
3. necessity
4. prescription
   - acquire an easement by long term use

Question 20

The right of equitable redemption is cut off at ____ ___ _____ _____.

Answer 20

the date of sale/ once a valid foreclosure has taken place (at any time prior to the foreclosure sale the debtor has the right to redeem the land by freeing it of the mortgage)

Question 21

Statutory Right of Redemption

Answer 21

Many states give the mortgagor a statutory right to redeem for some fixed period after the foreclosure sale has occurred (usually six months or one year).
- The amount to be paid is usually the foreclosure sale price, rather than the amount of the original debt.

Question 22

Merger (re Property)

Answer 22

If ownership of the two comes together in one person, the easement is extinguished
- For the merger to be effective, complete unity is required- meaning the duration of the servient tenement must be equal to or longer
than the duration of the dominant tenement with which it is combined

Question 23

Marketable title is…

Answer 23

is free from reasonable doubt as to both matters of the law and fact, and a reasonable
purchaser would be willing to accept it readily

Question 24

Quitclaim deeds transfer...

Answer 24

whatever title the grantor has to the grantee, even if that title is unmarketable - unless the parties specifically contract for this kind of conveyance, there will be an obligation to convey marketable title

Question 25

Fixture (defined)

Answer 25

A chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty.