Property II MBE

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adverse possession: possession for a statutorily prescribed period of time can, if certain elements are ret, ripen into TITLE
Pure Race: whoever records first wins and notice is not relevant. minority view
general warranty deed: best deed- warrants all defects in title, including those attributable to grantor's predecessors. - in this deed the grantor makes present covenants -the present ones are breached if ever at conveyance== S/L runs from delivery. covenant of seisin, covenant of right to convey, covenant against encumbrances,FUTURE COVENANTS- breached upon disturbance of the grantee's possession and s/l runs until future date-- covnenant for quiet enjoyment, covenant of warranty and covenant for further assistance
what is the doctrine of equitable conversion?: regarding the land contract, once the K is signed buyer is the owner of the and subject to the condition that he pay the purchase price at closing ("equity regards as done that which ought to be done."
how are easements in gross transferred?: Transferable ONLY if it is for commercial purposes (i.e., not a personal easement in gross like swimming in a lake where it is personal to the holder).
tenancy for years is also known as: estate for years or term of years
liabilities in an ASSIGNMENT between Landlord and T2: (i) Privity of estate (i.e. liable to each other for all of the covenants in the original lease that "run with the land," such as the promise to pay rent, repair or paint the premises, & pay taxes) ; but (ii) NOT privity of contract - unless T2 expressly assumed performance of all promises of the original lease
if a tenancy for years is for over one year then: it MUST be in writing-- otherwise it violates the statute of frauds!
Easement by implication: can be implied from existing use if 1. prior to the division of a single tract and apparent and continuous use exists on the servient part that is reasonbly necessary for the enjoyment of the dominant and court determines that the parties intended to the use to continue after the division of the land
what happens when an interest is void as violating RAP?: interests are classified as if the void interest were never there
how can an easement be terminated?--: END CRAMP: 1. ESTOPPEL,the servient owner materially changes his position in reasonable reliance on the easement holder's assurances that the easement will no longer be enforced. HYPO: A tells B that A will no longer be using her right of way across B's parcel. In reasonable reliance, B builds a swimming pool on B's parcel, thereby depriving A of the easement. In equity: A is estopped from enforcing the easement. 2. NECESSITY easements created by necessity expire as soon the necessity ends; but, if the easement was created by express grant, it doesn't end automatically once the necessity ends (look for writing)3. DESTRUCTION - other than willful conduct of servient owner 4. CONDEMNATION - by eminent domain 5. RELEASE- written release by easement holder to servient owner 6.ABANDONMENT - easement holder demonstrates physical action that shows intent to never make use of easement-- need an act works are NOT ENOUGH!!!! 7. MERGE DOCTRINE - also known as unity of ownership= title to easement and servient land become vested in same person if A buys B's land--NOT reinstated if land later sold= 8. PRESCRIPTION - need an interference with the COAH adverse possession requirements
what does the implied covenant of quiet enjoyment apply to: BOTH RESIDENTIAL AND COMMERCIAL LEASES! T has has the right to quiet use & enjoyment of the Premises without interference from landlord
servitude: non possessory interests in land, creating a right to use land possessed by someone else --> in forms of easements, licenses, profits, covenants, equitable servitudes ,
Negative (restrictive covenants): a promise to refrain from doing something related to the land (e.g. not build for commercial purposes; not to paint my shutters brown; not to maintain a petting zoo)
what happens if one co-tenant excluds another/: he's committed wrongful ouster-- each co tenant can possess and enjoy the whole
when does title pass?: title passes upondelivery and cannot be canceled or taken back so if grantee returns a deed to the grantor, this has no effect
easement: a grant of nonpossessory property interest that entitles its holder to some form or use of enjoyment of another's land (servient tenement).
ok so landlord and tenant enter a tenancy what must the landlord first do?: duty to deliver POSSESSION--> a. Majority view (English Rule) - landlord must put tenant in actual physical possession of the premises (if a prior holdover tenant is still in possession at the start of the new tenant's lease, the new tenant is entitled to damages. b. Minority view (American Rule) - landlord has NO duty to deliver actual possession at the commencement of the term, & hence is not in default when previous tenant continues wrongfully to occupy the premises. L only required to give legal possession
what if there is an oral condition?: If a deed is absolute on its face but delivered with an oral condition, the condition is disregarded b/c it is not provable and the delivery is absolute and deemed accomplished. ie-- HYPO: O conveys a deed to Blackacre that is absolute on its face, but says to grantee, "Blackacre is yours only if you survive me." This oral condition is void and delivery has been accomplished
what is the difference between constuctive eviction (breach of quiet enjoyment) vs. breach of implied warranty of habitability?: in C. E., tenant must vacate; BUT (ii) Implied warranty of habitability - tenant has different options, including vacate
Race Notice: " any conveyance of an interest in land (O to A) shall not be valid against any subsequent purchaser (B) for value, without notice thereof, whose conveyance is first recorded (B)" Subsequent BFP wins if - (i) grantee NOT recorded, (ii) BFP takes without notice AND (ii) records before the prior grantee. HYPO: On March 1, O conveys to A, a bona fide purchaser who does not record. On April 1, O conveys the same parcel to B, a bona fide purchaser, who does not
landlord duties:: 1. possession.. 2. implied covenant of quiet enjoyment. 3. implied warranty of habitability 4. retaliatory eviction
what does the implied warranty of habitality cover?: it is NON WAIVABLE! affects bare living requirements that MUST be met-- ie-- hear in winter, plumbing or running water.standard is supplied by local housing code or independent judicial conclusion
what is a fixture?: a once movable chattel that has been so affixed to the land that it has ceased being personal property and it objectively shows the intent to improve realty--heating system, custom made storm windows, certain lighting installations. fixtures pass with ownership of the land. Tenant can NOT remove them
if a grantor executes a deed but fails to deliver it during his lifetime: no conveyance has occured unless there is a future interest contained in the language of the deed itself
the closing requires a: Deed ( transfer of legal title to an interest in real property), lawful execution, delivery
is a co tenant in exclusive possession liable to the others for rent?: NO- except in ouster
Equitable Defense to enforcement of an equitable servitude: changed conditions-- alleged by the party seeking release from the terms of an equitable servitude must be so pervasive that the entire area or subdivision has changed ( extinguishes an equtiable servitude). Limited or piecemeal change is never good enough!
covenant of seisin: grantor warrants that he owns the estate he now claims to convey
Remedies for covenants: DAMAGES ONLY!!!!!!!! If P seeks money damages ALWAys construe it as a covenant!!!!!-- why? rule of law- contractual limitation or promise regarding the land- unlike an easement--one tract is burdened wile other is benefits!
how does a tenancy at will terminate?: may be terminated by either party at any time, but a reasonable demand to quit the premises is typically required
Asisgnment liabilities betwene Landlord and T1: no longer in privity of estate but remains in privity of contract AND are secondarily liable to each other)
what are tenants duties in torts?: keep the premises in reasonably good repair and liable for injuries sustained by 3rd parties he invited EVEN WHEN THE LANDLORD EXPRESSLY PROMISED TO MAINTAIN THE PREMISES IN A STATE OF GOOD REPAIR. IF GUEST SUES T THEN T WILL ALWAYS LOSE! EVEN THOUGH HE CAN SEEK INDEMNIFICATION FROM L AT A LATER TIME!
actual notice: prior to B's closing, B gets literal knowledge of A's existence
easement by grant: if easement for more than 1 year must be in writing signed by grantor (statute of fraud requires writing - 'deed of easement')
how are easements created?: PING: prescription, implication; necessity, or grant
statute of limitations for adverse possession: begins to run when the true owner can first bring suit
covenant against encumbrances: grantor promises that there are no servitudes or mortgages on the land
if a tenant does not pay his rent what can a landlord never due?: (ii) NO SELF HELP - e.g. changing locks, forcibly removing the tenant; removing any of his possessions (self-help flatly prohibited and punishable civilly & criminally
covenant of right to convey: grantor promises that he has the power to make trhe conveyance-- there are no temporary restrains on is power to sell
BFP requirements: (i) must be a purchaser, (ii) without notice, & (iii) pay valuable consideration
how is a periodic tenancy created?: It is created by express agreement-- "T from month to month or year to year or week to week," or by implication in one of 3 ways - measured by the way rent is tendered
easement by presciption: by satisfying elements of adverse possession (COAH--> (i) Continuous use for the given statutory period (10 years in NY); (ii) Open & notorious use; (iii) Actual use; & (iv) Hostile use NOTE: permission defeats the acquisition of an easement by prescription, because it's no longer hostile
license: weakest form of servitude- mere privilege to enter another's land for delineated purpse ( like tickets to something) -- do NOT need a writing because it is NOT subject to SOF!
note a failed attempt to create an easement results in: a license-- if a. If a grantor orally grants an easement for more than a year, it is unenforceable because it's not in writing. b. Thus grantee doesn't have a valid easement, but does have a license
Covenant (running with the land): real covenant is a written promise to do or not do something related to land
f. Options & rights of first refusal: when A conveys Blackacre to B, he includes a clause in the deed that states: "B, his heirs, & assigns promise that upon finding a ready, willing & able buyer for Blackacre, Blackacre will be offered to A, his heirs, or assigns, on the same terms": this is invalid because the right of first refusal can be exercised well beyond a life in being plus 21 years
regarding contracts of land what is an exception to the SOF?: doctrine of part performance--equity will decree specific performance of an oral contract for the sale of land if 2 of the following 3 circumstances are met ;1. buyer takes physical posession of the land, 2. buyer pays all or part of the purchase price and/or 3. buyer makes substantial improvements.
what is the period called between contract and closing?: the executory period-- the buyer must properly inspect the property which includes title searches and an examination of possession to make sure nobody else possesses it.
Tenants duties to repair: when the lease is silent--> 1. tenant must maintain the premises and make ordinary repairs. 2. tenant must not commit waste - voluntary, permissive, ameliorative 3. tenant must not remove fixtures even when he himself put them there
is privity required to bind successors in equitable servitude: NO!
defective deeds: 1. void (will be set aside by the court even if the property has passed to a bona fide purchaser --those that are forged, never delivered, were obtained by fraid--grantor deceived and didnt know executing a deed) and 2. Voidable--> will be set aside ONLY if the property has not passed to a bona fide purchaser nad includes those deeds that are esecuted by minors or incapacitated, obtained throug hfraud at inducement, undue influence, mistake , breach of fiduciary duty
Land conveyancing-- purchase and sale of real estate-- the two step process is:: 1. The Land Contract and 2. The Closing ( where the deed becomes the operative document)
what happens if the landlord breaches the implied warranty of habitability?: 4 options: (MR3) 1. move out and terminate the lease. 2. repair and deduct (Tenant may make reasonable repairs and deduct their cost from future rent). 3. reduced rent-- or withold all the rent until the court determined fiar rental value-- place rent in excrow account. 4. remain in possession-- pay rent and affirmatively sue money damages.
Record notice: a. Record notice of A's deed if at the time B takes, A's deed was properly recorded within 'chain of title' a. Record notice of A's deed if at the time B takes, A's deed was properly recorded within 'chain of title'
licenses are freely revocable except: unless (i) estoppel bars revocation (e.g., licensee has invested substantial money, labor or both in reasonable reliance on the license) or (ii) the license is coupled with an interest in the land
Horizontal Privity: refers to the nexus between the originally promising parties (A & B). requires that they be in succession of estate-- meaning that they were in a grantor-grantee, landlord-tenant or mortgagor-mortgagee relationship. This is difficult to establish. this is the reason why most burden will not run with the land
shelter rule: A person who takes from a BFP will prevail against any interest that the transferor/BFP would have prevailed against, even if the person taking the property has actual or record notice of the prior interest
how long does a tenancy at sufferance last?: lasts only until either landlord evicts the tenant or elects to hold the tenant to a new term
statutory special warranty deed: contains two promises-- that grantor makes only on behalf of himself not on behalf of any predecessor in interest :1. grantor promises that he has not conveyed the estate to anyone other than the grantee and that 2. the estate is free from encumbances made by the grantor
Periodic tenancy is: a lease that continues for successive periods, until it is terminated by proper notice by either party
Tenant's duty to pay rent-- what if he doesn't?: 1. Landlord an evict him THROUGH THE COURTS OR 2. continue relationship (now a tenant at sufferance) & sue for the rent due
Assignment and sublease rights: 1. General - absent some prohibition in the lease, a tenant may freely transfer his interest in whole (assignment) or in part (sublease). a. Landlord's prior written approval - lease may prohibit the tenant from assigning or subletting without the landlord's prior written approval b. BUT, once the landlord consents to one transfer by the tenant, he waives the right to object to future transfers by that tenant, unless the landlord expressly reserves the right (Rule of Dumpor's Case)
Delivery requirement of the deed: Delivery is a legal standard and is a test solely of present intent. Did the grantor have the present intent to be immediately bound irrespective of whether or not the deed itself has been literally/physically handed over. physical delivery bu messenger or mail or agent are fine. by escrow is fine ( with instructions that deed be delivered to grantee once certain conditions are met. once conditions are met title passes automatically to grantee. Advantage of escrow-- if grantor dies or unavailable before conditions met, title wil pass from escrow agent.
Taking ( in regards to Adverse Possession): allows one adverse possessor to TACK on his time with the land his predecessor's time, so long as there is privity which is satisfied by any non hostile nexus such as blood, contract, deed or will (No tacking is allowed when there has been an ouster)
Disability and adverse possession: statute of limitations does NOT run against hte true owner who is affected by a disability--ie insanity, infancy, imprisonment--at the inception of the adverse possession. ONLY if he was under the disability AT the tiMe his cause of action accrued! Hypo; O owned blackacre in 1980 when A entered adversely. In 1990, O went insane. in 2000, O recovered our jurisdiction has a 20 year SOL. in 2000, who owns Blackacre? A, assuming that she has met COAH. O was not suffering disability at inception of the Adverse Possession!
: if a joint owner attempts to convey property by forging the signature(s) of the other owner(s), such a conveyance would be: valid as to the interest of the owner whose signature is valid, BUT void as to the other owner(s); buyer would hold as tenant in common with joint tenant whose signature was forged
e. Administrative contingency: "to my issue surviving at the distribution of my estate: invalid since the estate might be administered beyond the period of RAP
how do you CREATe and equitable servitude?: WITN-- Writing (of original purpose; usually but NOT always, intent that the promise would be enforceable by and against assignees; touch and concern promise affects the parties as landowners, notice--assignees of the burdened land had notice of the promise.
deed to a dead person?: void and conveys no title
risk of loss regarding land contracts: if property is destroyed before closing (during the executory period) through no fault of either party, the buyer bears the risk of loss, unless the K says otherwise.
how much is each co tenant liable for for carrying costs?: for his fair share -- based on % of ownership
covenant for quiet enjoyment: grantor promises that grantee wont be disturbed in possession by a 3rd party's lawful claim of title
the land contract- must be:: 1. in writing 2. signed by party against whom enforcement is sought. 3. must describe the land and 4. state some consideration. -- note: when the amount of land recited in the land contract is more than the actual size of the parcel, the remedy is specific performance wit ha pro rata reduction in purchase price.
what are landlord's liability for OTHER tenants?: none except-- (i) Landlord has a duty not to permit a nuisance on the premises, & (ii) Landlord must control common areas
scope of easements: set by the terms of the grant or conditions that created the easement - a unilateral expansion of easements is NOT allowed.
what is a tenancy for years: a lease for a FIXED derermined period of time ( could be 1 day could be 50 years)
Are there rights to contribution for improvements on land from co tenants: no right for 'improvements" but at partition, improving co tenant is entitled to credit equal to any increase in falue or fully liable for any decrease in value
Notice statute: a conveyance of an interest in land (O to A) shall not be valid against any subsequent purchaser for value (B), without notice thereof, unless the conveyance is recorded (A)" Subsequent BFP wins if - (i) grantee NOT recorded, AND (ii) BFP takes without notice (protected regardless of whether he records at all)
Easement appurtenant to land: " it takes two." -- when easement benefits its holder in his physical use or enjoyment of his property-- need two parcels of land-- (i) a dominant tenement, which derives the benefit, & (ii) a servient tenement, which bears the burden of the easement
vertical privity: refers to non hostile nexus (contract, devise or descent) between a party and its successor (A1 and A2), the only time vertical privity is lacking is if the successor acquired interest through adverse possession.
what are the liabilities with the tenant and landlord in a sublease?: a. Landlord & sublessee are in NEITHER privity of estate NOR privity of contract - they share no nexus b. BUT, primary tenant & the subtenant are in privity of estate AND privity of contract (T2 responsible to T1 not L)
What will render a title unmarketable?: 1. adverse possession (title or even part of it) acquired by adverse possession is unmarketable. Seller must provide good record title. 2. encumbrances-- marketable title meands an unencumbered fee simple; servitude and mortgages render title unmarketable unless the buyer has waived them. 3. zoning violations- the property must not violate a zoning ordinance or title is unmarketable. Note: The seller has the right to satisfy a mortgage or lien at closing with the proceeds of sale. thus, the buyer can NOT claim title is unmarketable b/c it is subject to a mortgage prior to closing if the closing will result in marketable title
Inquiry notice: a. Whether B bothers to look or not, B is on inquiry notice of whatever an examination of the land would revealb. B has a duty to inspect the land regarding prior interests - e.g. A had taken possession so B is on inquiry notice
What is a tenancy at sufferance?: when tenant has wrongfully held over past the expiration of the lease- permits landlord to recocver rent.
what does an oral easement create?: a freely revocable license. hypo: HYPO: Neighbor A, talking by the fence with neighbor B, says, "B, you can have that right of way across my land." This oral easement is unenforceable because it violates the SOF. An oral easement creates instead a freely revocable license.
c. Fertile octogenarian: "to A for life, then to A's children, then to A's grandchildren in fee": violates RAP
HYPO: A owns two lots. Lot 1 is hooked up to a sewer drain located on lot 2. A sells lot 1 to B, with no mention of B's right to continue to use the drain on A's remaining lot 2. The court may: nonetheless imply an easement on B's behalf if: 1) the previous use had been apparent and 2) the parties expected that the use would survive division because it is reasonably necessary to the dominant lands use and enjoyment
how do you terminate a tenancy for years?: no notice is necessary because the term of years states from the outset when it will terminate. ex: leases Blackacre to T "from January 1, 2003 to July 1, 2003." Which form of tenancy exists here? Term of Years. Why? It is a leasehold for a fixed known period of time. How much notice is needed to terminate the tenancy? None
What happens if co tenant commits waste: he can bring an action for waste during life of co tenancy or bring an actoin for partition
what will defeat delivery: grantees express rejection of the deed
remedy for an equitable servitude: injunctive relief-- if P seeks an injunction you must construe it as an equitable servitude!
d. Unborn widow/er: "to A for life, then to A's widow for life, then to A's surviving issue in fee": the gift to A's issue is invalid, because A's widow might be a spouse who was not in being when the interest was created (notice that a remainder to A's children would be valid, since, unlike issue, they would be determined at A's death)
O conveys Blackacre to A; later, O conveys Blackacre, the same parcel, to B; O, the dirty double dealer, has skipped down, leaving a battle between A & B: 1. In common law, if grantor conveyed the same property twice, the grantee first in time generally prevailed. 2. a. If B is a Bona Fide Purchaser, and we are in a NOTICE jurisdiction - B wins, regardless of whether or not B records before A does 3. b. If B is a Bona Fide Purchaser, and we are in a RACE-NOTICE jurisdiction - B wins if B records properly before A does (NY is a race-notice jurisdiction)
rent from 3rd parties is a co-tenant leases part of his premises: he must account to them- providing them their fair share of the rental income
Estoppel by deed: a. Original grantor's subsequently acquired estate will, by estoppel, pass to the grantee - if the grantor purports to convey an estate in property that he doesn't then own, his subsequent acquisition of the estate will inure to the benefit of the grantee. b. Example: In 1950, O thinks about selling Blackacre to X but does not sell. In 1950, X, who does not own Blackarce, sells it anyway, to A, A records. In 1960, O finally sells Blackacre to X, X records in 1960. In 1970, double dealer X sells Blackacre to B, B records. (i) 1960-1969 - A owns because of estoppel by deed(ii) 1970-after - B owns, as long as B is a BFP because A's record is a variation of wild deed and would be a nullity.
What does the implied warrant of habitality apply to/: ONLY to residential and not commercial leases
what happens if tenant breached his duty BUT HE IS OUT OF POSSESSION OF THE PREMISES!!!?>>: SIR--> surrender ( tenant demonstrates, by words or actions, that he wishes to give up the leasehold (landlord could choose to treat tenant's abandonment as an implicit offer of surrender, and accepts). If unexpired term is greater than one year, surrender must be in writing to satisfy SOF. or IGNORE the abandonment & hold the tenant responsible for the unpaid rent, just as if the tenant were still there (this option is available only in a minority of states or Re-LET-- premises on the wrongdoer tenant's behalf, & hold him liable for any deficiency >Majority Rule (mitigation principle) - landlord must make reasonably good-faith effort to re-let
how do periodic tenancies terminate: they are AUtoMAticALLY renewed until proper notice of termination (usually written) is given. At common law, notice must be given at least equal to the length of the period itself, unless otherwise agreed.(ii) E.g. in month-to-month - need at least 1 month's notice, but there's an exception for year-to-year tenancy, where only 6 months' notice is required (may be shortened or lengthened by the parties) All this can me changed by private agreements.
what is a tenancy at will?: a tenancy with NO fixed period of duration! ex; For T for as long as landlord or tenant desires. NOTE unless the parties expressly agree to a tenancy at will, the payment of regular rent will cause a court to treat the tenancy as an implied periodic tenancy
profit (profit a pendre): - entitles its holder to enter the servient land & take from it the soil, or some substance from the soil (e.g., minerals, timber, oil, game); the Profit shares all the rules of easements; can be appurtenant or in gross (Moses hypo on the mountain)
equitable servitudes: a promise that equity will enforce against successors (covenant that, regardless of whether it runs with the land of law, equity will enforce against assignees of the burdened land who have notice of the covenant)
what are the three ways a periodic tenancy can be created by implication?: 1. leased with NO mention of duratoin but there is a provision made for rent payment at set intervals; or 2. oral term of years is in VIOLATION of the SOF which creates an implied periodic tenancy or a 3. holdover in a residential lease, if landlord elects to holdover a tenant who has wrongfully stayed on past conclusion of the original lease, which is measured by the way rent is now tendered.
Easement held in gross: confers upon its holder only some personal or pecuniary advantage (e.g. right to place a billboard on another's lot; right to swim in another's pond; utility co's right to lay power lines on another's land) that's not related to the use or enjoyment of his land (benefits holder & NO benefited or dominant tenement). So here, only one parcel of land is involved - servient tenement, which is burdened by this easement (i.e A has an easement to swim in B's lake)
if one co tenant goes on vaca for a long time can the other get the land by adverse possession: no way! there is no hostility!
What are the requirements for a BURDEN to run with the land--: Ask= did it satisfy WITHN? -- always analyze the burden side first. 1. Writing ( original promise must be in writing). 2. Intent ( original parties must have intended for the burden to run. 3. Touch and concern- negative covenants touch and concern by restricting the holder of the servient estate in his use of that parcel, while affirmative easements require the servient estate to do something. Promise must be of or pertaining to the land. 4. horizontal AND vertical privity 5. Notice: Subsequent purchaser for value must have had 1. actual 2. inquiry or 3. record notice
what happens if one co tenant repairs the land/: he enjoys the right to pro rate contribution for necessary repairs -- notice is required to the others of the need of the repair
ok so you want to terminate the periodic tenancy, when will it end?: they must end at the conclusion of a NATURAL LEASE PERIOD! last day of the period! HYPO: L leased Blackacre to T on January 1, 2003, for a periodic tenancy of month-to-month. On May 15, 2003, T sends written notice of termination. T is bound until June 30, 2003
Requirements for BENEFITS to run--WITV must be met: 1. writing- original promise was in writing; 2. intent- original parties must have intended the benefits to run 3. touch and concern- the promise affects the parties as landowners 4. vertifcal privity.
easement by necessity: An easement of right of way will be implied by necessity if grantor conveys a portion of his land where this division of a tract deprives one lot of means of access out (landlocked lot)
Affirmative covenants: a promise to do something related to land (e.g. maintain a common fence; paint our adjoining wall) NOTE: covenants to pay money to be used in connection with the land (e.g. homeowners' association fees) and covenants not to compete run with the land
Executory interest following defeasible fee: "to A for so long as no liquor is consumed on the premises, then to B: violates RAP
once there is acceptance of the deed: the seller is lo longer liable on this contractual liability--the seller is then liable only for promise made IN the deed. The deed passes legal title from the seller to the buyer by LEAD--> Lawfully execute and Delivered
landlord assigns?: d. NOTE: when landlord assigns, although no longer in privity of estate, the original landlord & tenant remain in privity of contract unless there is a novation - so, both the old & new landlords are liable
what are the elements of cosntructive eviction?: 1. substantial interference -- a chronic or continuous problem attributable to landlor'd actions or failures to act. 2. notice-- tenant must give notice of the problem and landlord must fail to respond and 3. goodbye-- get out-- this is NECESSARY! must vacate w/in reasonable time after L fails to correct.
if a tenant removes a fixture what did he do: committed voluntary waste
quitclaim: worst deed- contains no covenants and grantor is not even promising that he has title to convey -but he does implicitly promise in the land K to provide marketable title at closing
implied warrant of fitness and workmanlike construction: note- a land K contains NO implied warranties of fitness or habitability--caveat emptor-buyer beware. Exception---> the implied warranty of fitness and workmanlike construction applies to the sale of a new home by a builder-vendor
Problem of the Wild Deed: A deed, entered on the records, has a grantor unconnected to the chain of title - it is incapable of giving record notice of its existence. conveys Blackacre to A, who does not record. Then A sells to B (the wild deed), and B records. If O conveys to C, he does NOT have notice of B's claim - C wins if he records because B's recording is a wild deed and thus a nullity
Landlords TORT LIABILITIES -: Common Law of caveat lessee ('let the tenant beware') - landlord has no duty to make the premises safe
lawful deed execution: must be in writing, signed by the grantor (deed need not recite consideration nor must consideration pass to make a deed valid). Also, description of the land need not be perfect as long as it's unambiguous and a good "LEAD". Ie- ok is say all land but some is too vague
how are easements appurtenant transfered: c. Transferred automatically with dominant tenement, regardless whether mentioned in the conveyance; d. Passes automatically with servient tenement, unless the new owner is a bona fide purchaser, without notice
covenant of warranty: identical to covenant of quiet enjoyment
elements of adverse possession: COAH--> 1. CONTINUOUS - uninterrupted for the given statutory period. 2. OPEN & NOTORIOUS - the sort of possession that the usual owner would make under the circumstances. 3. ACTUAL AND EXCLUSIVE POSSESSION - entry can not be hypothetical or fictitious 4. HOSTILE- possessor does not have the true owner's permission/consent to be there (objective test is applicable; possessor's subjective state of mind is irrelevant-- does not matter whether adverse possessor believes that land is his own or knows he is trespassing)
affirmative v negative easement: a positive easement is the right to do something on the servient land; a negative easement can only be created expressly, by WRITING SIGNED by the GranTOR. no natural or automatic right to LASS: (i) Light; (ii) Air; (iii) Support; (iv) Streamwater from an artificial flow (and (v) scenic view in a minority of states)
how is the implied covenant of enjoyment breached?: 1. by wrongful eviction or 2. by constructive eviction -- rain hypo--
retaliatory eviction: If tenant lawfully reports landlord for housing code violations, landlord is barred from penalizing tenant, by raising rent, ending the lease, harassing tenant, other retaliatory measures, etc. ( think of whistleblowing)
HYPO: T rents an apartment from L, beginning June 1. Nothing is said about duration. T pays rent each month. What tenancy exists here?: an implied month to month periodic tenant
Assignment- If Landlord - Tenant1 - Tenant2 - Tenant3- describe the liabilities: (i) Landlord & Tenant1 - privity of contract & secondarily liable to L (if T3 can't pay); (ii) Landlord & Tenant3 - privity of estate; (iii) Landlord & Tenant2 - NO privity of estate once T2 assigned to T3; NO privity of contract (unless T2 expressly assumed all promised in the original lease)
what is it called when the contract terms are merged into a deed?: merger-- terms of sale agreement are merged into the deed, but ancillary agreements are NOT merged and are STILL enforceable even though they are not included in the deed.
: if the scheme arises after some lots are sold: no implied servitude can arise with respect to the lots already sold without express covenants
will an easement terminate for overuse or misuse?: NO! - the appropriate remedy is for the servient owner to get an injunction agaisnt the misuse
covenant for further assurances: grantor promises to perform whatever future acts are reasonably necessary to perfect grantee's title if it later turns out to be imperfect
what are the two implied promises in every land contract?: 1. that there is marketable title (Seller promises to provide marketable title which must be free from reasonable doubt--free from lawsuits and the threat of litigation) and 2. the seller promises not to make any false statements of material fact. (in majority of states, selle is liable for material lies or failing to disclose latent material defects. Note-- a general disclaimer of liability will NOT excuse the seller from liability for fraud or failure to disclose
how do u know if a tenant installation will qualify as a fixture?: 1. express agreement between L and T is binding. 2. in absence of an agreement, the tenant may remove installed chattel so long as removal does not cause substantial harm to the premises.
covenant to maintain the property in good condition: at common law tenant was responsible for any loss to the property, regardless of the cause, including loss attributable to force of nature (act of god) . Today tenant may terminate lease if the premises are destroyed without his fault

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Deck Info

Number of cards 136