Final Fine Tune Flashcards
Inn Keeper / Common Carrier
vs
Amusement Rule
Inn Keeper - refuse reasonably
bc holding themselves out to serve public
vs
Amusement - arbitrary consistent w civil rights
Ten by The Entirety
4 Unites Must be Present , Presumption in Common Law
Benefits of JT / TIC
Ten in poss can use as long as NOT WASTE , Burdens
Ouster
Wrongful Dispossession of a Rightful Owner or Tenant
Constructive Ouster
If Hostility flows from Ten in Poss
Property in Wild Animals
Labor ,Reasonable Prospects , Capture, Pre- Poss Interest, Mortal Wounding, Eff Trapping, Landowner,
Bailment
a TEMPORARY Transfer of property for a specific reason form bailor to bailee w/ the intent that the prop will be returned at the conclusion of that reason
Gift - define
an Immediate voluntary transfer of property to another gratuitously w/o consideration
Gift - 5 Elements
[II- Cap - AD] Immediate , Intent , Capacity , Acceptance, Delivery
Adver. Poss - define
allows a NON-OWNER who actually POSSESSES land w/o PERMISSION of the TRUE Owner to Acquire Ownership of that land
AP - 5 Elements
Actual Poss, ADVERSE + Hostile , Open + Notorious , Exclusive , CONTINUOUS,
Tacking - define
Can add Successive Periods of AP by different TRESPASSERS together if these persons have privity
Privity - define
When an earlier POSSESSOR gives the next POSSESSOR a title document to transfer to the next SUCCESSOR or if the Successor is an heir to the AP
FHA - Familial Status
1 or more individuals being domiciled w/ a parent or guardian
FHA - Unlawful to …(4 things)
Discriminate on terms , conditions, privileges, or refusal to rent
Covenant of Quiet Enjoyment - define
LL obligation to provide the Ten w/ reasonable PRIVACY + FREEDOM from any INTERFERENCE w/ the Ten’s Exclusive USE + ENJOYMENT of the rented premises (implied in all leases)
IWH 5 Elements
Standard (zoning ord) , Notice (inspect/notice) Non-waivable, Breech (3 ways), Remedies (a lot)
Retaliatory Eviction exists ….
to Protect the right of the Ten to not ignore their rights // discourages the LL form Raising Rent, Reducing Services, Eviction
Lease - define
Transfer of Possessory right to use a defined space in return for the promise to pay rent
License - define
Limited right to use land and revocable at the will of the licencor // Dominion + Control deciding factor
Constructive Eviction / Partial
LL ..SUBSTANTIALLY INTERFERED ….
IWH
must provide premises that are FIT for Human Habitation + repair any defect that deprives the Ten of any ESSENTIAL Function of living
