Outline w/ Deff Property Flashcards
Easements Deff
Easement:
Non possessory interest to use the land of another or restrict the use of the land of another.
o May be positive (granting right to do) or negative (restricting)
Different types of easements
- Express
- Necessity
- Prescription
- Implication
Express easement:
- Easement between two parties created in writing
o Last however long we agree to based on the writing.
o Easements are created in writing but are not required to be
Necessity
- Not in writing.
- Its factually based on it was necessary for one person to enter the land of another because that was the only way for them to get off their land. I am landlocked.
- This terminates when its no longer necessary
o Ie dead end street- city creates and exit then necessity is no longer there.
Prescription
- Looks like adverse possession- I am doing something on ur land for the statutory period of time. Its open notorious, adverse continuous.
o Then I only have a right don’t use term adverse possession because in adverse possession you acquire title to the land.
o In FL 20 yrs.
Implication
- Its implied from prior use- I have been using your land for so long that I keep having the legal right to do it.
Duration of an easement
- Generally easements last forever- runs with the land unless it is terminated
Terminates when:
o Express- by agreement
o Necessity- when no longer necessity
o Otherwise forever.
Ways to terminate an easement
Abandonment: non use an an express intent not to return
Merger: When someone buys the other piece of land. Now I own both I cant have an easement on my own land two properties merge together. This terminates the easement based on merger.
Covenant definition
- Always in writing looks like a K. It’s a promise that allows me to use the land of another for a particular purpose or
Type of covenant
Restrictive: there are restrictions on how I sue the land of another (restrictive covenant)
Covenant duration
Lasts generally forever- run with the land enf. able against all future grantees.
When does a covenant run with the land
- intent
- touches and concerns the land
a) about the use of the land- personal ie specific person - Privity
a) horizontal or vertical - Notice
Equitable Servitude
o Restrictive covenant plus seeking an injunction is called an equitable servitude
o Main difference is the remedy ur seeking.
Land lord tenant- What type or tenancy is it
Periodic: Successive periods
Month to month (15), yr to yr (60)
Tenancy for years: Has beginning and end date
At will tenancy:Goes on indefinitely can be terminated by either party
Tenancy at sufferance: When tenant stays after the lease term (hold over tenant. Landlord can begin eviction process.
Tenant Duties
- Has duty to Pay rent unless or until land lord breaches any warranties or responsibilities.
- Duty to not commit waste (physical destruction or damaging the property or allowing damage to occur, toilet overflooding and I don’t notify the landlord).
Land lord duties
*Duty to deliver physical possession on the first day of the lease term
o In FL this would be breach if they don’t do
- Duty of warranty of quiet enjoyment- maintain/ keep premises quiet peace so u can go about ur daily life.
- Duty of warranty of habitability- making it habitable so a reasonable person could live on the property.
Assignment vs. sublease
Assignment: If tenant assigns lease to someone else (give away all the remaining portion of the lease term). Can gen do this. If you do new tenant becomes primarily liable to pay LL rent.
Sublease: Only giving away a portion of the rest of the lease term (month out of the whole yr- lease term)
Conveyance- Real estate K rules
Equitable conversion. Once you sign real estate K buyer now acquires equitable ownership and the risk of loss shifts to the buyer when you sign the K and the buyer gets equitable interest.
i. SOF need b in writing
Deed Rules
Quit Claim: I make no warranties (promises) about the quality of the title.
Let the buyer be aware. I’m quitting my claim.
Warranty: Includes 6 warranties that quality of title of land is fine
- Don’t have to list all 6 but say that there are 6- 3 present and 3 future
Mortgages
A loan you took out borrowed $ and used the land as security. If you don’t pay back they
can come and take the land
FL is lien theory state
the bank only has lien on property but no title on the property
o Lien is removed when you pay off the mortgage
FL is pure notice
FL is a pure notice jurisdiction- which protects the last or subsequent BFP (the
person who purchases last without notice and paid value)
BFP: Someone who pays value and has no notice of any earlier transactions.
How do they own the property
Joint Tenants: Joint tenants need to include lango “with right of survivorship” AKA as soon as one dies
the other one gets the whole interest
Tenants in Common: We have undivided 50% interest in the whole. So If I die my heirs get my interest.
Tenancy by the entirety: Tween married couples husband and wife
- FL presumed that husband and wife own land as tenancy by entirety. Which means there is right of survivorship and 1 spouse may not convey without others consent.
K rules
Duty to disclose: A seller has duty to disclose any defects if they knew or should have known about the
defect and its not obviously visible
Active concealment: Did I try to patch up the hole so you wouldn’t notice it? Cant actively conceal any
defects.
Remedies
Specific Performance:
Get when the K it unique and land is always unique.
