Covenant, Encumbrance, Caveat, Easement Flashcards
Covenant= promise.
Positive covenants: promise to do
Restrictive covenants is what?
promise not to do
Landlord’s implied covenants (promises)
1. __ enjoyment
2. allow tenant using the place for the purpose of renting it
3. free from insects and bugs
4. pay taxes
5. external and structural repair (cracks and leakages)
6. repair the wear & tear (burst pipe)
quiet
Tenant’s implied covenants (promises)
1. pay rent
2. cannot assign or sublet
3. pay utility bills
4. allow landlord to come in for __ works
5. follow govt rules and regulations and by-laws
6. not to commit __
repair;
waste
Landlord’s Rights
1. Right to enter to do repair
2. Charge rent
3. Can sell this property with tenancy
4. Right to use mortgage
5. Landlord have the right to forfeit the lease:
-If tenant doesn’t pay rent after 30 days
-illegal use of the property by tenant
What about Tenant’s Rights?
Tenant’s Rights
1. Landlord cannot enter the unit
2. Right to quiet enjoyment
Tort of Waste 废物侵权行为
-Voluntary waste: draw on walls, nail on walls, renovate without landlord’s consent
-Permissive waste: didn’t bother to maintain and clean the property
-Ameliorative waste: tenant did IMPROVEMENT without landlord’s consent
-Equitable waste: 故意破坏
Land Titles Registration system
for titles land under the __ __ Act. The deeds were converted to the titles, these titles are called “__ titles”.
the qualified titles can be CT or SSCT.
Land Titles Act;
Qualified Titles
Land Title System has 3 principles
1. Mirror- reflect completely
2. Curtain- no need to trace history for the past 15 years
3. Insurance- guaranteed by the __
state
The title shows limitation of ownership if someone were to lodge a caveat on the title. T/F?
T
If any of the caveats is not removed before completion of sale, the title becomes a defective title. Seller’s agent is obliged to disclose defective titles to buyers. Does Caveat emptor apply?
Caveat emptor DOES NOT apply.
Legal principle of “Doctrine of Notice” is to notify the whole world that the Caveator has interest in this property. T/F?
T
Charge notice is under the doctrine of notice
Insurance principle under the land title system is talking about the title that is “indefeasible”.
What does it mean “indefeasible’?
Title is “indefeasible” if there’s no error, no fraud
“Grant”- Easement
“Allow”-__
Agrees to-__
anything negative-__
“CAN” walk over one’s land or “ALLOWED TO” walk over one’s land- __
Licence–> DOES NOT run with land;
Positive Covenant (=promise to)–> Runs with land ONLY if it’s the touch and concern the land;
Negative Easement/Covenant–> DOES NOT run with land
Either easement or license, coz we don’t know if it’s the only way–> choose this answer when the question is vague.
Licence by Estoppel
When you allow your neighbour to park the bike in your backyard and forgot to tell the Buyer. Buyer cannot just remove the bike himself. You’ll have to be the one who tells the neighbour to remove it. T/F?
T
Temporary Occupation Licence issued by state is less than __ years.
10 years
TOL at HDB land will need approval by who? i.e. hungry ghost festival
These type of one-off TOL is less than 3 months.
SLA
