Kaplan MCQs Flashcards
What is a conditional use permit?
This is required when the use that the applicant seeks is not permitted in the district as zoned, but it would be compatible with the area if certain conditions are met.
I.e.: if a residential neighborhood is zoned only for multi family residential, but a person wants to run a car painting shop out of his garage, the city might be able to write air pollution restrictions into the permit to prevent fumes from escaping, and possibly give him a conditional use permit to operate his business. The problem is that even with these conditions it is unlikely that an industrial business would be compatible with a residential neighbourhood
What is a special use permit?
This is required when the use that the applicant seeks is not permitted in the district as it is zoned, but it would be compatible with the area.
What is a use variance?
This is an exception from the zoning code that can be granted if you can show undue hardship. This means that without the use variance there would be no viable use of your property.
What is a life estate pur autre vie?
The duration of the life estate is measured by the life of someone other than the grantee
If one of the partners in a tenancy by entirety attempts to convey a portion of the land or the entire land without the other spouse, what happens?
The attempted conveyance is wholly void
What does the unity of possession mean?
Each tenant has the right to possess the whole of the property
If one joint tenant mortgages his interest, what happens to the tenancy?
It depends on what theory the state follows:
– Lien theory (maj): the mortgagee only gets a lien on the property, so no severance happens because the unities stay intact
– title theory: a mortgage causes the legal interest of that cotenant to be transferred to the mortgagee. So that severs the joint tenancy because the unities have been destroyed
What are the different ways a tenancy by the entirety can be terminated?
– by a joint conveyance of both spouses
– a conveyance of one spouse to the other spouse
– if they divorce
Can one tenant’s ownership of a joint tenancy be devised or pass through intestacy?
No because a severance can only happen during the owner’s lifetime, since there’s right of survivorship for joint tenancies, when one party dies, their interest goes to the other parties
In a lien theory jurisdiction, if one joint tenant mortgages his portion of the property, then dies before the mortgagee forecloses on that interest, what happens?
The surviving joint tenant takes the property by right of survivorship and free of the mortgage interest
In a lien theory jurisdiction, if one joint tenant mortgages his portion of the property, then the mortgagee forecloses on that interest, what happens?
The foreclosure operates to sever the mortgaged interest from the joint tenancy
When does an implied lease happen?
It can be created by the conduct of the parties if the written lease is an invalid writing, or when a holdover tenant pays the landlord rent, and the landlord accepts it. In both cases the resulting tenancy is periodic
What are the four different types of leaseholds, and what is the mnemonic to remember them?
PAST: – periodic - at will – tenancy at sufferance – term of years
What are the two different approaches to termination of a periodic tenancy?
– traditional rule: can only be terminated on the anniversary date. Improper notice is deemed ineffective. The notice period is measured by the rent reservation clause
– Modern statutory approach: termination can happen on any date, and the notice period is measured by the rent payment clause up to a maximum of six months
What are the ways to terminate an at will tenancy?
– Either party dies
– the tenant commits waste
– the tenant tries to assign his interest
– the landlord transfers his interest
- the landlord transfers the premises to a third-party for a term of years
What is the difference between a regular tenant and a life tenant when it comes to ameliorative waste?
– tenant: may not commit ameliorative waste
– life tenant: may do that
If two people had a lease for a term of years with the landlord and there was a provision in the lease that forbade assignments and sub leases, and then one of the tenants took on a third roommate, but the first tenant didn’t agree to it, but the new roommate paid the landlord and the landlord accepted the payment, can the first tenant sue?
No because the first tenant was not a beneficiary of the clause that forbade assignments and subleases, the landlord was. So when the landlord waived that clause by accepting rent from the new tenant, the complaining tenant had no right to sue
What are the three primary categories of zoning laws?
Residential, commercial, and industrial
What is the rule in Dumper’s Case?
Once a landlord waives a covenant against assignments, that covenant is no longer enforceable for any other assignments. This rule does not apply to subleases
Under modern law, when the lease is for a tenancy for years and the tenant abandons the property, what can Landlord do?
He can treat it as an anticipatory breach that entitles him to sue immediately for all rent that is due, subject to his duty to mitigate
What are some examples of some things that a Landlord could do that would result in constructive eviction?
– withhold something essential to the full enjoyment of the property that is included in the terms of the lease, like heat
– withhold something required by statute, such as hot or cold running water
If an encumbrance such as a mortgage is stated in the deed at the time of sale, such that the buyer would assume the mortgage, has the seller breached the covenant against encumbrances?
No because the buyer will assume the mortgage as clearly stated in the deed, so an encumbrance noted in the deed cannot serve as the basis for the breach of covenant against encumbrances
If a husband executes a deed to a piece of commercial property “to my wife for life, then to her daughter in fee simple“ and when he gives it to the wife, she rips it into pieces and says she doesn’t want it, then the husband and wife divorce, and years later the husband dies and his will leaves all of his property to his brother. How is it determined that title to the commercial property is held?
It is held by the brother for the term of the wife’s life, then the remainder goes to the daughter. The wife’s conduct was enough to stop acceptance of the deed, but she has no power to refuse the daughter’s interest. So the daughter’s interest is unaffected by the wife’s refusal because the daughter has a remainder after the life of the wife.
During the wife’s life, her refusal of the deed means that the life estate remains in the husband. When the husband dies, the interest passes under his will to his brother. So the brother holds title to the property, which is a life estate per autre vie until the wife dies, and then title passes to the daughter
What is a forfeiture restraint?
It is a stipulation that a person will lose his estate if he attempts to convey it. These are valid for life estates and future interests, but are not enforceable for fee simplest estates
What is a promissory restraint?
When someone promises not to convey the land. These are valid for life estates and future interests, but are not enforceable for feesimple estates. The breach of a promissory restraint does not void the conveyance, it just makes the promisor liable for breach of contract damages
