Property

Question 1

Periodic Tenancy

Answer 1

Tenancy that has no end date and continues until either the tenant or landlord gives written notice to end it.

Notice must be received one full period in advance (before period starts).
(Ex. Terminating a month to month tenancy on June 30 requires notice by May 31.)

Example: Month to month tenancy

Question 2

Implied (Not Express) Easements

Answer 2

Easement By Necessity:

(1) Severance of common ownership
(2) Strict necessity (absolutely necessary, eg. landlocked land with bo access to public road)

Easement by Existing Prior Use:

(1) Severance of common ownership
(2) Apparent and continuous
(3) Existing prior use
(4) Reasonable (not strict) necessity

Question 3

Real Covenants

Answer 3

When plaintiff wants $$ damages:

For BURDEN to run:

(1) Writing that satisfies S of F
(2) Intent to run
(3) Touch and concern (both properties)
(4) Horizontal and vertical privity
(5) Notice (actual, record, or inquiry)

For BENEFIT to run:

(1) Writing that satisfies S of F
(2) Intent to run
(3) Touch and concern (both properties)
(4) Limited vertical privity
(5) NO NOTICE REQUIRED

Question 4

Equitable Servitudes

Answer 4

When plaintiff wants equitable relief (eg, injunction)

Express:

(1) Writing that satisfies S of F
(2) Intent to run
(3) Touch and concern (both properties)
(4) Notice (actual, record, or inquiry)

Implied:

(1) Intent to create common scheme
(2) Restrictive servitude
(3) Notice (actual, record, or inquiry)