leases/nonfreehold estates Flashcards
non-freehold estate
Lasts for a set period of time
- Is considered personal property, traditionally
called a “chattel real”
- Is created and governed by a mix of property
and contract law
traditionally
farmland
each interested in land & had nec. skills to maintain
now
most apts or commerical space
interested in interior,not skills to maintain
brown v. southall
shithole apt, violated housing code
case about house itself not land
use contract law to get result
if illegal/violation =>contract is void
To create a non-freehold
1) space rented be legally capable to be occupied
2) if lease longer than 1yr must be written
3) parties agree expressly or by operation of law for
what must parties agree to?
definite space, agreed upon time, rental amt.
covenant of quiet enjoyment
landlords prim promise in lease
protection from 1)adverse conduct by landlord or agents 2) adverse claims of title (failure to deliver possession)
CQE does not protect against?
adverse conduct of 3rd parties
english rule
ten put in legal & actual possession
ten perfers
landlord sues hold over ten for poss
ten can deduct rent payment until actual poss
actual possession
tenant phys can occupy
legal possession
ten has right to sue a hold-over tenant to gain possession
american rule of initial possession
req. landlord to put the tenant only in legal poss of premises
ten sues hold over ten for poss; ten must sue hold over for damage
majority for residential
english rule
majority for commerical
american rule
landlord physically disposesses tenatn
evicted
