MEE Rule Statements Flashcards
In order for a deed to be valid, a deed must:
identify the grantor and grantee, describe the property, contain words of transfer, and be signed by the grantor.
The doctrine of adverse possession allows title to pass to a person who
exercises exclusive physical possession of a piece of property for a certain amount of time
For adverse possession to occur, possession must be
continuous, open and notorious, actual, exclusive, and hostile.
possession must be open and notorious such that a reasonable true owner
would become aware of the claim
if a person acquires title by adverse possession, that title is as good as
a title traceable to a period record owner
When a landlord substantially interferes with the tenant’s use and enjoyment of the property by breaching a duty to a tenant…
the tenant’s obligation to pay rent may be excused under the theory of constructive eviction
In order to end a lease before the end of its term by constructive eviction, the landlord must have…
breached a duty which caused the loss of the substantial use and enjoyment of the premises, the tenant must give the landlord notice of the problem and reasonable opportunity to cure, and the tenant must vacate the property within a reasonable period of time
temporary or de minimis acts do not amount to
constructive eviction
under common law, there is no implied duty on the part of the landlord to
repair leased premises
the majority of jurisdictions today enforce an implied duty upon the landlord to repair…
under a residential lease, even when the lease attempts to place the burden on the tenant, except for damages caused by the tenant.
courts are reluctant to imply a landlord’s duty to repair in commercial leases because
the implied warranty of habitability does not apply in commercial leases.
the covenant of quiet enjoyment is breached only when the landlord/someone claiming through landlord/someone with superior title…
disrupts the possession of the tenant
termination of a lease occurs automatically upon
the expiration of the term
Termination may also occur before the expiration of the term when
the tenant surrenders the leasehold, and the landlord accepts the return of the leasehold.
when the tenant abandons the leasehold without justification, the landlord my treat the abandonment
as an offer of surrender and could accept that surrender by retaking the premises.
when a tenant abandons the leasehold, the landlord may treat the abandonment as an
offer of surrender and accept such surrender, or the landlord may attempt to re-rent the premises on the tenant’s behalf and hold the tenant liable for any deficiency.
a majority of jurisdictions require a landlord mitigate damages by
attempting to re-rent the premises in the event the tenant abandons the property and breaches the lease.
the landlord has a responsibility to make a good faith attempt to
re-rent the property
the doctrine of anticipatory breach does not apply to
leases
a landlord may sue the tenant for rent as it becomes due, but a landlord may not sue for
future rent under the lease
An easement is terminated if
the owner of the dominant or servient estate acquires fee title to the other estate. The easement is said to “merge” into the title.
The merger of property interests results in
the extinguishment of the property right.
If the owner of two parcels of land previously used one parcel to benefit the other, then the court may find that
upon the transfer of one parcel, the parties intended the use to continue if that use was continuous, apparent or known, and reasonably necessary to the dominant land’s use and enjoyment.
Multiple interests must be paid out of the proceeds of a foreclosure sale, generally the
earliest mortgage placed on the property has priority over the other interests.
