leases/transfer of interests

Question 1

sublease

Answer 1

traditional rule defines a “sublease” to be
where the original tenant transfers the premises
to a new tenant with a term that is shorter than
the original lease’s duration; otherwise, the
transaction is an “assignment”

Question 2

NY RULE

Answer 2

defines a sublease to be
where the original tenant transfers the premises
to the new tenant reserving any reversionary
interest, e.g., the right to evict

Question 3

Jaber v. Miller (transfer by tenant)

Answer 3

court adopted the contractual rule —

it is a matter of the intent of the parties

Question 4

can landlord sue new tenant for nonpymnt?

Answer 4

no.- In a SUBLEASE, the landlord is only in privity
of contract and estate with the original
tenant
yes.-In an ASSIGNMENT, the landlord is in privity of
contract with the original tenant and is in
privity of estate with the new tenant and,
therefore, can sue either for nonpayment of
rent

Question 5

Rule in Dumpor’s Case

Answer 5

Once a landlord has given consent for an assignment or sublease, his or her permission is
no longer needed for subsequent assignments
or subleases
*An exception exists if the clause that
requires the landlord’s consent clearly indicates
that consent is needed for the first and
all subsequent assignments or subleases

If the landlord has the right to approve
of an assignment or sublease, once the
landlord does so, all future assignments
and subleases can be done without
consent
'-This can only be overcome if the lease
is clear that the right of approval applies
to the first and all subsequent transfers

Question 6

Must the Landlord be Reasonable

in Giving Consent?

Answer 6

Majority Rule — A landlord need not be
reasonable in disapproving
a transfer
(Massachusetts- majority rule)
' Minority Rule — An increasing minority of
states are now requiring
reasonableness

Question 7

lateral support

Answer 7

The support of adjacent
land that is separated by a
vertical plane;support of a
neighboring parcel of land

Question 8

subjacent support

Answer 8

The support of land that
is separated by a horizontal plane:support of the
land from below
‘ The law that applies to both is the same

Question 9

liability for removing support-strict liablity

Answer 9

An adjoining owner is strictly liable for the
collapse if the land would have collapsed in
its natural state, i.e., without any buildings
on it
‘ Liability includes
& All damages under the majority rule
& Only damages to the land itself under the
minority rule

Question 10

liability for removing support-negligent liablity

Answer 10

If the land would not have collapsed in its

natural state, negligence must be shown

Question 11

two tests for negligent liablity

Answer 11

unnecessary excavation & risk of harm

Question 12

unnecessary excavation

Answer 12

A balance between the
value of the excavation
and the steps needed
to support the land

Question 13

risk of harm

Answer 13

A balance between the
risk of collapse and the
cost of prevention

Question 14

if contours of land changed significantly

Answer 14

minority of states terminate strict liablity

Question 15

land slides?

Answer 15

strict liablity has not been applied

Question 16

pumping water from aquifer caused collapse?

Answer 16

SL has not been applied

Question 17

If the landlord transfers his or her interest, what is conveyed?

Answer 17

a reversion

Question 18

If the tenant transfers his or her interest?

Answer 18

the
law distinguishes between an assignment
and a sublease
& Traditionally, a transfer is an assignment unless
the tenant reserved a reversion of some duration
& Now, some states are looking strictly to the
intent of the parties

Question 19

is there an absolute duty to support land in its natural state?

Answer 19

NO

Question 20

When negligence must be showed?

Answer 20

if improvements contributed to collapse.
2 theories of negligence
-excavation unreasonable under all circumstances?
-done in a way that failed to provide support against foreseeable risk of collapse?