Florida Property

Question 1

Three types of Essays

Answer 1

Easement
Landlord-Tenant
Conveyance

Question 2

Easement

Answer 2

• A non-possesory interest to use or restrict the use in the land of another
• Easements can be positive or negative
• Not all easements are in writing

Question 3

Creation of Easements
Express easement

Answer 3

• Created between two parties
• In writing listing all terms included

Question 4

Creation of Easements
Easement by Necessity

Answer 4

• Not in writing
• Factually based on the necessity of one person to enter the land of another as there is no other way to get off the property (“land-locked)
• Easement is terminated when it is no longer necessary

Question 5

Creation of Easements
Easement By Prescription

Answer 5

• CON🡪Continuous🡪Open🡪Non-Permissive (Hostile)
• Similar to adverse possession🡪DON’T use this term
• In Florida the statutory period is 7 years (Continuous, Open, Adverse, Notorious)
  *

Question 6

Creation of Easements
Easement By Implication

Answer 6

Implied by prior use

Question 7

Duration

Answer 7

Easements generally lasts forever🡪Runs with the land unless terminated

Question 8

Termination of Easements

Answer 8

Express easement
At agreed upon terms

Easement by Necessity
Until there’s no longer a need

Abandonment
* Nonuse AND express intent not to return
* Nonuse alone is not sufficient for termination

Merger
* Someone buys the other piece of land
* Easement is terminated

Question 9

Covenant

Answer 9

• A contract and/or promise (guided by contract principles)
• Always in writing
• Allowing the use of the land of another for a particular purpose OR
• Restricting the use of the land of another
• For covenant to run with the land🡪WITV

Question 10

Covenant
Duration

Answer 10

• Enforceable against subsequent purchasers
• Runs with the land🡪Elements
  
  • There was intent to run with the land
  • Touches and concerns the land (i.e., utility companies)
    
    • Use of the property itself
    • Personal (irrespective of who lives there)
• Horizontal / vertical property
• Notice

Question 11

Equitable Servitude

Answer 11

Injunction sought to stop someone from doing something that was prohibited

Question 12

Recap

Answer 12

• The issue is whether an easement was created.
• An easement is a nonpossessory interest to use the land of another or to restrict the use of another’s land
• Positive of negative
• Types of easements
• Duration
• Termination
• Covenant 🡪runs with the land
• Elements of running with the land
• Remedy isn’t money🡪equitable servitude
  *

Question 13

Landlord-Tenant

Answer 13

• Must be in writing- Statute of Frauds

Question 14

Types of Tenancies
Periodic Tenancy

Answer 14

• Has a start date🡪subsequent periods
• Month to month🡪Notice of termination🡪not less than 15 days
• Year to year🡪 Notice of termination🡪not less than 60 days
• No termination date until notice is given

Question 15

Types of Tenancies
Tenancy for Years
Tenancy at Will

Answer 15

Periodic tenancy
* Has a start date🡪subsequent periods (month to month, year to year)
* Month to month🡪Notice of termination🡪not less than 15 days
* Year to year🡪 Notice of termination🡪not less than 60 days
* No termination date until notice is given

Tenancy for Years
Has a beginning and an end date

Tenancy at Will🡪
Lasts indefinitely and can be terminated by either party

Tenancy at Sufferance
* “Hold-over” tenant
* Tenant remains after lease term
* Landlord can begin eviction proceedings
* In Florida, Landlord entitled to double rent for that period of time

Question 16

Duties of Tenant

Answer 16

• Pay rent unless/until landlord breaches their warranty
• Not to commit waste
• Physical destruction
• Allowing damage to occur

Question 17

Duties of Landlord

Answer 17

• In Florida, to deliver physical access of premises to tenant on the first day that lease begins
• Quiet enjoyment🡪premises must remain quiet, peaceful, etc.
• Warranty of habitability
  
  • Maintaining health/safety code
  • Air Conditioning/heat
  • Running water
  • Making the premises livable
• If either of these duties are breached, it could be construed as a constructive eviction

Question 18

Self-Help

Answer 18

• If the tenant does not pay the rent (i.e., hold over) landlord may evict
• In Florida: Landlord cannot engage in any self-help
• Landlord is required to begin eviction proceedings which ultimately results in ejection
• Landlord can charge double rent

Question 19

Assignments

Answer 19

• Assignment 🡪 giving the remaining term to someone else.
• Tenant 1 assigns lease to Tenant 2🡪Tenant 2 then becomes primarily liable
• Tenant 2 doesn’t’ pay, Tenant is liable because there’s still privity
• Tenant 1 would not be liable if there’s a signed novation

Question 20

Subleasing

Answer 20

• If a Tenant subleases🡪only a portion of lease given to third person
• Tenant 1 remains liable

Question 21

Conveyance of Land - Transfer of Title

Answer 21

Sale of land requires two (2) documents
-Contract
-Deed

Question 22

Land Sale Contract

Answer 22

• Elements🡪 (offer/acceptance/consideration
• What law applies
• Statute of Frauds
• Contract for land 🡪specific performance
• A contract needs offer, acceptance, consideration. The are……. 🡪here, the facts state that

Question 23

Equitable Conversion

Answer 23

• Buyer now acquires equitable ownership
• Risk of loss shifts to buyer upon signing contract

Question 24

Marketable Title

Answer 24

• In a real estate contract there’s a presumption of marketable title
• Reasonably free of doubt
• There are no encumbrances, liens, mortgages on title

Question 25

**Deed**

Answer 25

* Quitclaim Deed🡪makes no warranties regarding title * Warranty Deed🡪Includes six warranties that guarantees quality of title

Question 26

**Present Warranties**

Answer 26

**If there’s a breach its at the time of closing** * Warranty Of Seisin * Warranty of Right To Convey * Warranty against encumbrances

Question 27

**Future Warranties**

Answer 27

**If there’s a breach its at the time of closing** * Quiet Enjoyment * Warranty of Warranty * Further Assurances

Question 28

**Other Types of Deeds**

Answer 28

**General Warranty Deed** Warrants that title is clear and has been fine since dating back to property’s **Special Warranty Deed** Title is clear since seller owned the property

Question 29

**Validity of Deed**

Answer 29

* Deed needs to be in writing per statute of frauds * Signed by the grantor * Witnessed by two individuals

Question 30

**Delivery of Deed**

Answer 30

* Needs to be delivered from seller to buyer * Importance is of delivery is INTENT of grantor * Acceptance of the Deed Is Presumed * Identifiable Grantees * Legal Description of the Land * Merger🡪Terms of contract merge into the deed

Question 31

**Mortgages**

Answer 31

* A loan received and collateralized using the land * If there are two mortgages🡪the Purchase Money Mortgage always get priority * In Florida, there’s a lien theory🡪bank has a lien but no title on the property

Question 32

**Recording Statues**

Answer 32

**Florida is Lien Theory and Pure Notice** * Protects the last or subsequent Bona Fide Purchaser * Takes for value * Without notice of earlier transactions Notice means that someone recorded or someone trying to record Ex. Jon🡪Bob (recorded) Judgment Creditors/Lienholders🡪not BFP Mortgagees🡪BFP Gift/Adverse Possession🡪NOT a BFP

Question 33

**Ownership of Property**

Answer 33

**Joint Tenants🡪T-TIPposs** **T**🡪Time🡪At the same time **T**🡪Title🡪In the Same Document (deed, will, etc.) **I**🡪Identical Shares **P**🡪Possession Of The Whole

Question 34

**Ownership of Property**

Answer 34

**Severance🡪SAP** **S**🡪Sale **A**🡪And **P**🡪Partition

Question 35

**Joint Tenants**

Answer 35

* An undivided interest as a whole * Needs to include language with right of survivorship🡪if one tenant dies, the other gets the entire interest as a whole * Does not pass to heirs

Question 36

**Tenants in Common**

Answer 36

* Undivided interest as a whole * No right of survivorship * Heir receives interest upon death of co-tenant

Question 37

**Tenancy By The Entirety**

Answer 37

* Exclusive to husband and wife * Florida presumes that husband and wife own property as tenancy by the entirety * There is a right of survivorship * One spouse can not convey without other spouse’s consent **Ex**. Mr and Mrs. Jon living on Greenacre Jon wants to sell to someone else Jon’s name is on the deed

Question 38

**Duty to Disclose**

Answer 38

* Seller has duty to disclose defects if seller knew or should have known about defects * Actively concealment is prohibited

Question 39

**Remedies**

Answer 39

* Specific performance🡪contract is unique (Land) * Recission if there’s no meeting of the mind