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Property > Estates & Landlord/Tenant > Flashcards

Estates & Landlord/Tenant Flashcards

1
Q

What are the distinguishing characteristics of an estate?

A
  1. The estate runs forever

2. The estate is freely alienable

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2
Q

3 Distinguishing Characteristics of a Defeasible Fee Estates

A
  1. Duration is not measured by lifetime or a specific date.

2. But May terminate upon some condition

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3
Q

What are the magic words in a fee simple determinable?

A

Durational. “So long as” “while” “during” “until”

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4
Q

What is the key difference between a Fee Simple Determinable and a Fee Simple Subject to Condition Subsequent.

A

Fee Simple Determinable automatically terminates, all the grantor has to do is wait patiently. For FSCS the grantor must actively do something to regain possession.

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5
Q

What is the duty of the life tenant?

A

To maintain the estate, that means continuing the normal use of the land in the present condition.

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6
Q

What are the three types of waste?

A
  1. Affirmative
  2. Permissive
  3. Ameliorative
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7
Q

What are three things a life tenant must do to avoid permissive waste?

A
  1. Repair any necessary parts of the land. Not responsible for improvements.
  2. Pay all taxes on the property
  3. Pay any interest on the mortgage of the property.
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8
Q

What is the future interest holder responsible for?

A

The Principal of the property. Unless Life tenant uses the property as collateral for a loan. Then Life Tenant pays the principal.

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9
Q

Is life tenant responsible for insurance on the property ?

A

No.

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10
Q

What is the limitation on the life tenant’s liability to the property?

A

Obligation is limited to the amount of income received from the property, or if occupied by the life tenant, then reasonable rent value determines the life tenant’s obligations to the three duties 1. Repair, 2. Taxes 3. Interest on Mortgage.

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11
Q

What are the types of future interests possible if the Grantor possess the future interest?

A
  1. Reversion
  2. Possibility of Reverter
  3. Right of Entry
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12
Q

What are the types of future interests that are possible if the Grantee possess the future interest?

A
  1. Remainders

2. Executory Interests

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13
Q

What present possessory and future interest always go together?

A

Fee Simple Determinable and Possibility of Reverter
AND
Fee Simple Subject to Condition Subsequent and a Right of Entry

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14
Q

What happens if there is no express right of Entry for a Fee Simple Subject to Condition Subsequent?

A

The condition may be ignored

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15
Q

What are the types of remainders?

A
  1. Vested Remainder
  2. Contingent Remainder
  3. Vested Remainder subject to Divestment
  4. Vested Remainder Subject to Open
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16
Q

What are the 3 situations for Contingent Remainders?

A
  1. Condition that must be satisfied first.
  2. Grantee not in existence
  3. Identity of exact taker unknown
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17
Q

What is the Rule Against Perpetueties?

A

No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.

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18
Q

What is a Shifting Executory Interest?

A

An executory interest that operates by taking title from one grantee and giving it to another grantee.

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19
Q

What is a Springing Executory Interest?

A

An executory interest that operates by taking title from the grantor and giving it to a grantee.

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20
Q

What are the only interests RAP applies to?

A
  1. Contingent Remainders 2. Vested Remainder Subject to Open 3. Executory Interest
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21
Q

Do options and rights of first refusal violate RAP if they could be exercised outside the time period?

A

YES

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22
Q

What is the Charity-to-charity exception?

A

RAP does not apply to the transfer of property between charities. All parties MUST be charities though.

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23
Q

What is the Perpetuity Savings Clause?

A

Saves a grant from being voided by the RAP, making sure vesting will occur within the time period of the Rule

24
Q

What 4 Unities are required for the creation of a Joint Tenancy?

A
  1. Time
  2. Title
  3. Interest
  4. Possession
25
Q

What are the two ways to Destruct a Joint Tenancy?

A
  1. Partition or

2. Severance

26
Q

What are the four ways to sever a joint tenancy?

A
  1. Conveyance
  2. Mortgage in a Title Theory State (NOT TEXAS)
  3. Contract of Sale
  4. Creditor Sale
27
Q

What is the Lien Theory as it applies to Joint Tenancy?

A

If a Joint Tenant mortgages his portion it does NOT sever the joint tenancy. The Lien merely attaches to the title and the unity is undisturbed.

28
Q

At what point is the Joint Tenancy Severed in a Contract and in a Creditor Sale?

A
  1. For Conract—the time the Contract is signed

2. Creditor Sale—-At the actual time of sale

29
Q

What is the difference between a Tenancy in Common and Joint Tenancy?

A

The right of survivorship in the Joint Tenancy

30
Q

What are the rights and Obligations of Joint Tenants?

A
  1. Right to possession. (Must be equal)
  2. Accountability—for any revenue generated from a rental of one joint tenants property, or where the tenant uses more than joint tenant’s portion of land.
  3. Sharing of Necessary Expenses. Necessary includes repairs, taxes, and mortgage interest
31
Q

What is required for a Tenancy of Years?

A

Express termination date. Silence implies periodic

32
Q

What are the three ways to create a Periodic Tenancy?

A
  1. Agreement
  2. Implication
  3. Operation of Law
33
Q

How is a periodic lease created by operation of law?

A

Landlord accepts rent of holdover tenant

34
Q

What is the Texas rule for Periodic Tenancy termination?

A

By statute the required notice to end any periodic tenancy is 30 days and the notice does not have to be given so that it will end on a period ending date. Prorated Rent.

35
Q

What are the 5 ways to end a tenancy at Will?

A
  1. Death of either party.
  2. Waste by the Tenant.
  3. Assignment by the Tenant.
  4. Title Transfer by landlord.
  5. Lease by landlord to someone else.
36
Q

If Landlord breaches the implied warranty, then Tenant has two options, what are they?

A
  1. T can move out and terminate the lease

2. T can stay and sue for damages

37
Q

What is the Texas distinction for implied warrant of habitability?

A

There is no implied warrant, it is an express warrant granted by statute that requires landlords to repair conditions, that materially affect the physical health or safety of an ordinary tenant. Almost impossible to waive.

38
Q

What constitutes a breach of the Covenant of Quiet Enjoyment in Texas?

A

Landlord’s failure to remedy non-physical repair issues like noisy neighbors, and criminal activity by other tenants.

39
Q

What three requirements must be satisfied for a tenant to effectively terminate their lease?

A
  1. Landlord or landlord’s agents must cause the injury
  2. Must be a substantial interference with a covenant of quiet enjoyment rendering the premises uninhabitable.
  3. The tenant must vacate the premises within a reasonable time after the breach or will otherwise lose the right to do so.
40
Q

Compare and contrast sublease and assignment rights with common law and Texas law?

A

Common Law: If lease is silent may sublet and assign property as they wish.
Texas: by statute cannot assign or sublet without the landlord’s permission.

41
Q

What are the four factors for a Fixture?

A
  1. Degree of Attachment
  2. General Custom
  3. Degree of harm–[substantial damage]
  4. Trade Fixture exception
42
Q

Define an easement

A

A nonpossessory interest in land involving right of use.

43
Q

What are the two types of easements?

A
  1. Easement Appurtenant–benefits use and enjoyment of a specific piece of land.
  2. Easement in Gross —does not benefit the land. Servient but no dominant land. Examples are power utility easements.
44
Q

How are easements created?

A
  1. Express Easement
  2. Implied Easement by prior use
  3. Easement by Prescription
  4. Implied Easement by Necessity
45
Q

What is the Texas distinction for Implied Easements?

A

Use must be strictly necessary

46
Q

How is an easement by prior use created?

A

An implied easement by prior use exists if commonly owned severed (now with dominant and servient estate), during the time of common ownership there was a use by the common owner, and the previous use is Apparent and Continuous (discoverable, not necessarily visible), and use is reasonably necessary

47
Q

How is an easement by necessity created?

A

There must have been common ownership severed at the time of the severance the dominant estate became landlocked thus creating a strict necessity access to public road.

48
Q

How do you create an easement by prescription?

A
  1. Visible and notorious use so that the landowner could discover the use.
  2. Adverse or without the permission of the owner
  3. Continuous and uninterrupted
49
Q

How long must the elements of prescription be used in order to grant adverse possession?

A

Under MBE 20 years

Under Texas Law 10 years

50
Q

How are easements terminated?

A
  1. Unity of ownership or merger
  2. A valid release that complies with the Statute of Frauds
  3. Abandonment–requires physical act.
  4. Termination by Estoppel
  5. Termination by prescription
  6. End of necessity
51
Q

What are the two elements required for termination by estoppel?

A
  1. Representation of Relinquishment by the holder of the Dominant estate.
  2. Change of position in reliance by the holder of the servient estate.
52
Q

What is a license by estoppel?

A

A license is limited privilege of use, and not a property interest; it is only a contract right, and it is revocable at the will of the licensor.

53
Q

What are the two categories of restrictive covenants?

A
  1. If monetary damages are desired then it is a restricted covenant at law.
  2. If the plaintiff wants an injunction then it is equitable servitude.
54
Q

What must exist for the burden of a real covenant to be enforceable against a successor promisor there must be?

A
  1. Intent that it run with the land
  2. Notice of the covenant at the time the interest in the burdened land is acquired.
  3. The covenant must touch and concern the land. Must affect the relationship of the parties as landowners.
  4. Horizontal privity —original parties to the covenant.
  5. Vertical privity refers to those who subsequently purchase the property.
55
Q

In Texas what is the equivalent of the Implied Warranty of Habitability?

A

Statutory Warranty requires landlord to repair conditions that materially affect the physical health or safety of an ordinary tenant. This warranty is almost impossible to waive.

Property (3 decks)

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