Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Real Property > Ownership > Flashcards

Ownership Flashcards

1
Q

What is a “fee simple estate”?

A

A “fee simple estate” is present possessor estate in land of infinite duration which is freely inheritable and alienable (transferable)

*there is a presumption that an estate is given in fee simple unless there is more limited estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a “fee simple determinable?”

A

A fee simple determinable is a property interest which may last forever OR until a specified future event stated in the grant or devise which creates it occurs (eg, an estate granted to a widow until she remarries)

If the event occurs, the property automatically reverts back to the grantor

A fee simple determinable is also known as a defeasible fee

**LOOK FOR WORDS: “while, during, until” - durational language

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a “possibility of reverter”?

A

Is a future interest created in the grantor when they convey a lesser estate and do not dispose of the remaining interest

*a possibility of reverter will follow a FEE SIMPLE DETERMINABLE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a fee simple subject to condition subsequent?

A

An estate in land w/ a condition which, after occurring, gives the grantor the right to retake the property if the grantor chooses to

The grantor’s right of reentry must be expressly carved out and must be exercised to take effect

*look for words such as “upon condition that” or “provided that”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a right of reentry?

A

Is the grantor’s reversionary interest that accompanies a fee simple subject to a condition subsequent

*aka power of termination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a fee tail?

A

Is an estate of land, through conveyance or will, which will only pass to lineal descendants identified in the grant

*most jurisdictions have enacted statutes that convert fee tails into fee simples

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a life estate?

A

Ownership interest in property granted to a person for as long as that person lives

The estate reverts back to the grantor at the end of the measuring life unless otherwise stated

*a life estate for the life of another is called a life estate pur autre vie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which 3 types of waste is a life tenant responsible for?

A
  1. permissive waste: mere neglect or omission to do what is necessary to prevent injury
  2. voluntary waste: doing some act which causes the damage AND
  3. ameliorative waste: making unauthorized, unnecessary improvements

*waste is conduct by the life tenant that permanently impairs the value of the land or the future interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is voluntary waste by a life tenant

A

any kind of change made to the estate that internally or negligently causes harm to the estate or depletes its resources

*if the land can only be used for resource extraction, consuming those resources is NOT affirmative waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is permissive waste by life tenant?

A

(involuntary waste) occurs when the land is allowed to fall into disrepair, or the life tenant fails to take reasonable measures to protect the land

*a life tenant is required to maintain the land and structures in reasonably good repair, pay taxes, and pay interest on mortgages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is “ameliorative waste” by life tenant?

A

the life tent performing acts or making improvements that enhance the value of the property

*although improvements to property, still waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the effect of renunciation of a life estate?

A

If a grantee renounces their life estate, the grantor or future interest holder has a possessory right of the estate

*renouncing a life estate is also known as a “disclaimer of interest”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is reversion?

A

Is the remaining estate that returns to the grantor or the grantor’s heirs upon the termination of the estate that had been granted

*look for words of conveyance like “to A for life,” because this would create a reversion in the grantor’s heirs after the life estate ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a remainder?

A

is the interest or estate in land that will take effect when the immediately preceding estate terminates

*for example: D gives Blackacre “to A for life, and then B and her heirs”
-A receives a life estate in Blackacre and B holds a remainder, which can becomes possessor when the prior estate naturally terminates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a vested remainder?

A

a remainder to a person in existence who is certain to take immediate possession of the estate when the immediately preceding estate terminates

*even vested remainders can be defeasible, which means they can be passed down, sold, or given away

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a vested remainder subject to open?

A

Is a FUTURE interest (a remainder) that is certain to vest but could be devalued by new members of the class also taking their share, thereby reducing the share each individual class member receives

*class gifts can also be vested remainders that are not subject to open

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a contingent remainder?

A

Is a future interest in land created in an unascertained person or one that is subject to a condition precedent (eg, a remainder “to the children of D,” when D has no children at the time of the grant)

When the condition occurs, the remainder will vest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is an executory interest?

A

Is a future interest that will vest only after the happening of a specified condition

*look for words like “but if,” “if and when,” “as long as,” “then to” to identify a future interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Are future interests alienable?

A

Only future interests that are guaranteed to vest are alienable

*contingent remainders ARE NOT ALIENABLE
-they are however, devisable and descendible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a class gift?

A

A gift to a group of persons described as a class (eg, “children of A,” “brothers and sisters of A,” or “heirs of A”

*a class is either open or closed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the effect of the rule of convenience on a class gift?

A

Holds that a class closes based on the perspective that only people in existence at the time of the death of the testator are intended to take under the will

*a call of distribution of the class gift will usually close the class for the rule of convenience purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a trust?

A

Property that is held by one person as a “trustee” for the benefit of another

The trustee holds the legal title of the trust property and the beneficiary holds the “equitable title” of the property

*trust may be ORAL OR WRITTEN

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a charitable trust?

A

A trust created for the beneficiary of a charity with an indefinite number of beneficiaries or for the benefit go one identified third party?

*charitable trusts may be set up inter vivid or in a will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the doctrine of “cy pres”?

A

-allows the court to carry out a will or trust that, or some reason, is impossible to carry out as directed

-the court will follow the general intention of the testator as nearly as possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is RAP?

A

-states that no future (or contingent) interest is valid if it might not vest within 21 years after a life in being at the time of its creation

-the RAP prevents people from using deeds or wills to exert control over the ownership of property for a time bone the lives of people living at the time the instrument was created

**RAP analysis has multiple steps, including identifying whether the future interest that was created falls under the RAP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

To which 4 interests does the RAP NOT apply?

A
  1. interests held in grantor (reversions, possibilities of reverter, and rights of reentry)
  2. vested remainders held in individuals
  3. charity-to-charity dispositions
  4. options to purchase for current tenants

**RAP APPLIES TO CLASS GIFTS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How is the measuring life determined in RAP?

A

Is the remaining life of a person who is in existence at the time when the gift or conveyance vests

*measuring life must be a HUMAN life an there can be no more than 1 measuring life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is a restraint on alienation?

A

Is any restriction written into a conveyance agreement, in which the grantee is barred from conveying their interest in real property

*such restrictions are frequently unenfoceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is a “forfeiture restraint”?

A

Is a clause in a conveyance agreement that states the grantee will forfeit the property if they attempt to transfer their interest in it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is a promissory restraint?

A

Causes any attempt to transfer an interest to be a breach of covenant and will generally not be enforceable

*this trip of restraint IS PERMISSIBLE for life estates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are concurrent estates?

A

aka “co-tenancy” - any interest in property that are owned by more than one person at a time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is a joint tenancy?

A

Is a concurrent estate created under a single deed or instrument, where 2 or more people have an undivided interest in the entire property, an equal right to share in the use and benefits of the property, and the right of survivorship

*FOUR UNITIES are required to create a valid joint tenancy:
-unity of interest
-unity of possession
-unity of title
-unity of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is a tenancy in common?

A

concurrent estate in land created when 2 or more people have undivided ownership in real property, have the same right to use and possession of the property, as well as the right to transfer the interest during lifetime or at death

*UNLIKE joint tenancy - a tenancy in common does NOT have the right of survivorship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is a tenancy by the entirety?

A

Concurrent estate in land where 2 married individuals own property together, creating a right of survivorship, so each spouse will take full and complete ownership of the entire property upon the death of the other

**tenancy by entirety is SIMILAR to joint tenancy, BUT joint tenants do NOT need to be married for right of survivorship to attach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the rights of survivorship?

A

The right to property or some other interest that a person possesses because they have outlived another

*accompanies JOINT TENANCY AND TENANCY BY THE ENTIRETY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What are the 2 rights of “tenants in common”?

A
  1. possession of entire estate
  2. partition of entire estate

*if one tenant partitions out the other co-tenant, then the tenant who committed the ouster must pay the fair market rental value for the property for the duration of the ouster

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the 2 duties of tenants in common?

A

Duty to:

  1. maintain the property thru payment of taxes or necessary repairs AND
  2. share any profits from the property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What are the four leasehold estates?

A
  1. tenancy for years
  2. periodic tenancy
  3. tenancy at will
  4. tenancy at sufferance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is a tenancy for years?

A

Binds the parties to each other for a specified period of time, such as a month or a year

**aka a fixed-term lease, may be less than a year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What is a periodic tenancy?

A

tenancy for a period of some fixed duration that continues for succeeding periods until EITHER landlord or tenant gives notice of termination

**EITHER tenant OR landlord may end periodic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is a tenancy at will?

A

Tenancy of no stated duration that endures only so long as both landlord and tenant desire or until one dies

*either can terminate at any time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What is a tenant at sufferance?

A

a tenant who WAS rightfully in possession, but wrongfully remains in possession after termination of the tenancy

*remaining in possession after lease ends is called “holding over”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is a lease?

A

agreement between 2 parties, whereby less yields their right of possession of the property for a specified period of time to a lessee in return for consideration

**lease is a type of K, so stat of frauds applies to tenancies or leases LONGER THAN ONE YEAR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What are the 3 duties of a tenant?

A
  1. pay rent
  2. refrain from committing waste
  3. possess and use property lawfully
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What are the 2 options a landlord may exercise if a T holds over?

A

May:

  1. evict tenant OR
  2. continue the lease and sue tenant for the rent that is due
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What 3 duties does landlord owe a residential tenant?

A
  1. deliver possession of the leased property to the tenant
  2. provide a habitable condition of the property
  3. avoid unreasonably interfering with the use of the property (ie, quiet enjoyment)

*a MAJORITY of jurisdictions required landlords to deliver ACTUAL POSSESSION of property to tenants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is “quiet enjoyment”?

A

The implied covenant that gives a tenant the right of quiet enjoyment of the premises, w/out interference by the landlord

*the covenant of quiet enjoyment will be implied even if not expressly stated in lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is the implied warranty of habitability?A

A

requires LL to keep their property “habitable,” even if the lease does not specifically require them to make repairs

*generally, implied warranty of habitability may NOT be waived

49
Q

What is the effect of a T’s assignment of a lease?

A

After an assignment by the tenant of the lease to an assignee, that tenant has transferred their ENTIRE interest in the leased property to their assignee

*a transfer of even one day less than the entire remaining lease will result in a SUBLEASE - NOT AN ASSIGNMENT

50
Q

What is a sublease?

A

partial transfer of interest in a leasehold

*under sublease, the sublessee is NOT in privity of estate w/ landlord

51
Q

What are the 5 exceptions to the general rule that a landlord is not liable for physical injuries sustained on the leased property?

A

A landlord IS liable for physical injuries sustained on leased property w/ regard to:

  1. Common areas (duty of reasonable care to maintain and repair common areas);
  2. Latent defects (duty to disclose hidden defects of which the landlord should reasonably know)
  3. Assumption of repairs (landlord may be held liable for negligent repairs)
  4. Public use (if landlord knows of defects in a space for public use and knows tenant will not repair, landlord is liable for defects)
  5. Short term leases in a furnished dwelling

**REMEMBER C.L.A.P.S.

52
Q

When Will a tenant be liable for physical injuries stunted on leased premises?

A

a tenant is treated like an owner for purposes of tort liability during their time in possession of the premises

53
Q

What is a “security deposit”?

A

payment from T to LL held until end of lease to cover actual losses, such as unpaid rent, physical damage, or cleaning

54
Q

What are the landlord’s 2 duties regarding security deposits?

A

After collecting deposit from a T, a LL is required to:

  1. hold the deposit in escrow AND
  2. at the end of the lease, retain only the funds necessary to repair actual damage to the premises

*in some jurisdictions, the tenant must be paid any interest accrued on a security deposit

55
Q

What are the 2 reasons LL may suspend security deposit?

A
  1. as a remedy for T’s failure to pay rent AND/OR
  2. repair damage to premises beyond normal wear and tear
56
Q

What is the “situs”?

A

refers to the state where the real property is located

57
Q

In disputes over land, which law typically governs?

A

Issues pertaining to ownership of land are governed by the law of the situs (ie, the state where the land is located)

58
Q

How does a court determine which law to apply to adjudicate a dispute over land during divorce proceedings?

A

issues concerning community property or other marital rights in land are determined by reference to the law of the situs of the land

59
Q

In divorce proceedings, which law applies to a dispute over land acquired by the spouse during the marriage?

A

usually determined by referencing the law of the spouses’ domicile at the time the property was purchased

**applies even when land was acquired in a community property state

60
Q

Which laws apply to mortgage and foreclosure proceedings?

A

are deemed to be so closely connected to the land that they are construed according to the law of situs

*applies even tho mortgages and foreclosures involve elements of K law

61
Q

When does a life estate terminate?

A

terminates upon death of the grantee, or upon the death of another if the life estate is given for the life of another

62
Q

What is a life estate given “pur autre vie”?

A

is an estate measure by the life of someone OTHER than owner of the life estate

*expires at the end of the life specified by the devise

63
Q

May a life estate be created in more than one person?

A

YES

-class gift

64
Q

May a life estate be defeasible?

A

YES

A life estate may be created so as to be determinable, subject to condition subsequent, or subject to an executory limitation

*similar to estate given in fee simple

65
Q

Are life estates freely alienable?

A

YES

A life tenant ordinarily is free to transfer, lease, encumber, or otherwise alienate life estate

*the transfer gets no more than the life tenant had - an estate that ends at the expiration of the measuring life

66
Q

What is an “heir”?

A

A person who inherits the real property of an intestate decedent under a state’s statute of intestate success

*intestacy is dying w/out a will

67
Q

What is an “issue” in the context of property interests?

A

Means children, grandchildren, great-grandchildren, and all further future descendants of a certain person

*issue = descendants

68
Q

What is the effect of property “escheating” to state?

A

if a fee simple owner dies w/out a will AND w/out heirs, the fee simple is automatically granted to state

69
Q

What isa “devisee”?

A

if a decedent leaves a will, the people who are to receive the land

70
Q

What is a “defeasible fee”?

A

is a fee simple conveyed such that, upon the happening of an event, the owner in possession may lose the property

A defeasible fee aka “fee simple determinable”

*defeasible fees are most commonly encountered in deeds restricting the use of land

71
Q

What is the key difference between a “fee simple subject to a condition PRECEDENT” and a “fee simple subject to a condition SUBSEQUENT”

A

-Fee simple subject to a condition PRECEDENT: creates an interest that will no take effect UNTIL a certain condition occurs

-Fee Simple Subject to a Condition SUBSEQUENT: (by contrast) terminates IF the grantor chooses it to terminate when the condition occurs

*compare with a fee simple DETERMINABLE, which creates an interest that lasts ONLY until a certain even happens, and AUTOMATICALLY terminates after the event

72
Q

What are the 3 duties of a life tenant?

A
  1. not commuting waste
  2. payment of all current operating expenses of the property
  3. payment of mortgage interest

*life tenant is not responsible for making payments towards the mortgage principal UNLESS they place a mortgage on the life estate alone

73
Q

What is the “Rule in Shelley’s Case”?

A

Provides that a conveyance that attempts to give a person a life estate, with a remainder to that person’s heirs, will instead give both the life estate and the remainder to the person, thus giving that person the land in fee simple absolute (full ownership w/out restriction)

74
Q

What is the “Doctrine of Worthier Title”?

A

Provides a presumption that when a grantor conveys a future interest to the grantor’s own heirs, the grantor actually intended to keep the interest in himself

75
Q

Will a restraint on the usage of the property be upheld?

A

YES

IF the restraint arises when transferring the property

*however, restraints on alienation are usually void

76
Q

What are the 3 types of concurrent ownership?

A
  1. joint tenancy
  2. tenancy in common
  3. tenancy by the entirety
77
Q

What is “severance” in the context of joint tenancy?

A

the process by which a joint tenancy is destroyed, usually creating a tenancy in common as a result

78
Q

May tenants in common have unequal shares in the property they own together?

A

YES

Unlike joint tenancy, T’s in common may have unequal shares

*however, there is a rebuttable presumption that equal shares were intended to be given

79
Q

What is a “constructive eviction”?

A

Occurs when a landlord does not physically or legally evict a tenant, but takes actions that interfere with the tenant’s use and enjoyment of the premises so significantly that the premise is untenantable

*constructive eviction may occurs as the result of the violation of quiet enjoyment

80
Q

What is the effect of a sublease on privity between the subleasee and landlord?

A

will NOT establish privity of K between sublessee and landlord, so landlord may sue the original lessee for unpaid rent

81
Q

Why is privity important in the context of landlord-tenant law?

A

exits when 2 parties are in a contract together, which can serve as the basis for a future lawsuit (ie a landlord suing a lessee for unpaid rent)

82
Q

After assigning a lease to another person, may a lessee be sued for unpaid rent by the landlord?

A

YES

The OG lessee may still be sued by the landlord for unpaid rent, even if they assigned the lease in full to another person, because the original lessee is still in privity of K with the landlord

*in order to NOT be sued by landlord, the OG lessee must obtain a release and novation from landlord from privity of K liability

83
Q

What is a “reversionary interest”?

A

-is the interest a person has in a propriety when a preceding estate ceases to exist

-it means the property will revert back to the OG owner upon the happening of a certain event

84
Q

What is the effect of a unilateral transfer of ownership by one joint tenant?

A

SEVERS the joint tenancy

-after severance, the tenants will hold the property as tenants in common

85
Q

May a joint tenancy be devised by will?

A

NO

MAY NOT because the interest automatically passes at death to the surviving tenant through the right of survivorship

86
Q

Does a lease sever a joint tenancy?

A

COURTS ARE SPLIT

Common law: when one joint tenant leases their interest it severs joint tenancy

Other Jurisdictions: hold that a lease does NOT sever

87
Q

Does a mortgage sever a joint tenancy?

A

Whether a mortgage taken by a joint tenant severs the joint tenancy depends on whether the jurisdiction is a lien theory or title theory state

Majority Lien Theory: the mortgage is treated as a lien and does NOT terminate joint tenancy

Minority Title Theory: mortgagee is granted title to the property until the mortgage is paid, so this severs one of the four unities and creates a tenancy in common

88
Q

Under the statute presumption, a conveyance to two or more persons creates what type of tenancy?

A

tenancy in common

*under modern law, joint tenancies are DISFAVORED and there must be a CLEAR EXPRESSION OF INTENT to create a right of survivorship to create a joint tenancy

89
Q

How may a tenancy by the entirety be severed?

A

may be severed by death, divorce, mutual agreement, or execution by a joint creditor

90
Q

How is a joint tenancy created?

A

Requires the four unities to time, title, interest and possession

Modernly, to create a joint tenancy there must be intent and a clear expression of survivorship language

91
Q

What is the difference between an assignment and a sublease?

A

Assignment: the transfer of ENTIRE interest remaining on the term

Sublease: transfer of anything less than the entire interest

92
Q

What are the elements of a claim for “constructive eviction”?

A

Tenant must prove:

  1. the landlord breached a duty to the tenant
  2. the breach substantially and materially deprived the tenant of the use and enjoyment of the premises
  3. the tenant gave the landlord adequate notice and reasonable opportunity to repair; AND
  4. after such reasonable time, the tenant vacated the premises
93
Q

To what extent does a landlord have a duty to make repairs in residential and commercial leases?

A

Residential Lease: there is an IMPLIED duty under warranty of habitability to make repairs if the premise would be uninhabitable otherwise

Commercial Lease: landlord is ONLY obliged to make repairs in common areas, fix structural defects, or make repairs mandated by public authorities

94
Q

Constructive eviction is a defense to what type of action brought by a landlord against a tenant?

A

Defense to an action brought by a landlord against a tenant for UNPAID RENT

95
Q

When does “surrender” occur?

A

When tenant gives up their interest in the leasehold estate in writing (where the unexpired term is more than one year), with no intent to return, and defaults on rent

*retention of keys by a landlord alone does not constitute acceptance of Surender
-Such an act must be coupled w/ other evidence showing that the landlord accepted the surrender

96
Q

What may a landlord do if the tenant unjustifiably abandons the property?

A

Landlord may either:

  1. do nothing and sue for damages
  2. repossess the property
97
Q

Is a lease freely assignable?

A

Absent an express prohibition in the lease, a tenant may transfer their interest

98
Q

What is the effect of the landlord accepting surrender of the property?

A

the abandoning tenant is free from rent liability accruing after abandonment

99
Q

When a lease requires a landlord’s consent to Ana assignment, may the landlord w/hold consent for any reason?

A

YES

Unless it violates public policy

*Minority trend: landlord may not unreasonably w/hold consent solely based on a capricious reason such as personal taste, convenience or sensibilities

100
Q

After a sublease, is the sublessee in privity of estate w/ the landlord?

A

NO

After a sublease, the sublessee is NOT in privity of estate w/ the landlord

THUS, the sublessee is NOT personally liable to the landlord for rent

101
Q

What may a landlord do if they refuse to accept a tenant’s surrender of the property?

A

They may sue the T for damages consisting of unpaid rent as well as the difference between future rent and the fair Market or re-let rental value

102
Q

After a sublease, is the sublessee or sublessor liable to the landlord for rent on the lease?

A

since the sublessee is NOT in privity of estate, sublessee is NOT liable to landlord for rent

The sublessor remains in privity of K with landlord and is liable to L for rent

103
Q

What is the landlord’s duty to mitigate damages?

A

Under Majority View: landlord has duty to make REASONABLE efforts to mitigate damages

*Traditionally: landlord had no duty to mitigate, but landlord was limited to sue only for recovery of rent due at the time of the suit, not rent in the future

104
Q

When does a tenancy for years terminate?

A

Is a lease for a fixed term, automatically terminates on the specified end date

105
Q

What warranty is implied in every lease?

A

The covenant of quiet enjoyment tis implied in every lease

*this covenant warrants that NEITHER landlord nor someone with superior title will interfere w/ the tenant’s possession and quiet enjoyment of the premise

106
Q

When does a periodic tenancy terminate?

A

Automatically continue from one period to the next (eg, month-to-moth)

Since automatically continues, WRITTEN NOTICE equal to one full period in advance (eg, one month for a month-to-moth lease) is required to terminate lease, except if the lease is on year or longer, then only 6 months’ notice is required

107
Q

What type of leases does the implied warranty of habitability only apply to?

A

RESIDENTIAL LEASES

108
Q

When does a tenancy-at will terminate?

A

Is a lease w/ no fixed period of time

This lease continues until EITHER party terminates it

109
Q

What are the 5 categories of future interests?

A
  1. possibility of reverter
  2. right of reentry
  3. reversion
  4. vested and contingent remainders
  5. shifting and sprinting executory interests
110
Q

What do courts favor finding where it is unclear whether a fee simple determinable or fee simple subject to a condition subsequent was intended?

A

IN FAVOR of finding a fee simple subject to a condition subsequent

*favor this because the right of reentry gives the holder options

WHERAS - fee simple determinable and its possibility of Reverte create an automatic forfeiture of possession and title

111
Q

What type of present interest is coupled w/ a possibility of reverter future interest?

A

A fee simple determinable is coupled with a possibility of reverter

112
Q

What type of interest is coupled with the right of reentry future interest?

A

Fee simple subject to a condition subsequent is coupled w/ the right of reentry

113
Q

Does each co-tenant have the right to seek partition of the property?

A

While partition is not available to tenancies by the entirety, joint tenants and in common may seek to partition the property

114
Q

What is a “fee simple subject to an executory interest”?

A

Is an estate in land that is created in favor of a third person on the happening of a named future event

*
“BUT IF”
IF AND WHEN
AS LONG AS
THEN TO
- to identify a future interest

115
Q

What is the “Wait and See” or “Second Look Doctrine” for the RAP?

A

Under this reform effort, the validity of any suspect future interest is determined on the basis of the facts existing at the end of the life estate rather than at the creation of the interest

116
Q

When is an interest devised in a will created?

A

Any interests in land devised in a will are created from the date of the testator’s death

117
Q

When face with a RAP question, what steps should you take?

A
  1. classify the future interest to see if RAP applies
  2. identify the measuring life
  3. identify when the interest must vest or fail
  4. analyze whether the interest will vest or fail w/in 21 years of the life in being
118
Q

RAP ONLY applies to what types of interests?

A

CONTINGENT REMAINDERS

EXECUTORY INTERESTS

CLASS GIFTS (even if vested remainder)

OPTIONS AND RIGHTS OF 1ST REFUSAL

POWERS OF APPOINTMENT

Real Property (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions