Property Flashcards
Implied Warranty of Habitability
The landlord of residential tenancies has an implied warranty of habitability to the standard of the premises being fit for basic human habitation or local housing codes. If the landlord does not uphold his duty, a tenant may
(a) leave and terminate the lease
(b) repair the deficiency and hold the costs from future rent
(c) abate rent until the Court can established the fair rental value of the property with the deficit; or
(d) remain and seeks damages
Implied covenant of Quiet Enjoyment
A tenant has the right to quiet use and enjoyment of the leased premises without interference from the landlord.
Breach of Quiet Enjoyment by Wrongful Eviction
A landlord wrongfully evicts or excludes tenant from the premises.
A partial or actual eviction relieves the tenant the duty to pay rent.
Breach of Quiet Enjoyment by Constructive Eviction
A landlord renders premises unsuitable for occupancy.
(1) SI - The landlord causes a substantial interference through a chronic or permanent problem due to landlord’s actions or failures.
(2) N - Notice. The tenant notifies the landlord of the problem and landlord fails to address it.
(3) G - Tenant MUST VACATE within a reasonable time after landlord fails to remediate.
Fair Housing Act Exemptions
The fair housing act prevents discrimination on the basis of race, color, religion, sex, disability, familial status, or country of origin.
Does not apply to
(1) owner occupied buildings with 4 or fewer units; and
(2) single family homes if the owner has no more than 3
Lease Assignment
When T1 assigns the entire remaining term of his lease to T2, T2 holds privity of estate with the Landlord and T1 holds privity of contract.
T2 is liable for covenants that run with the land but T1 remains liable if T2 betrays any promises.
Sublease
A sublease arises when T1, the original tenant, transfers less than her entire interest to T2.
The result of a sublease is that the landlord and sublessee are in neither privity of estate nor privity of contract.
Instead, T2 is responsible to T1 and vice versa.
The relationship between L and T1 remains fully intact
Caveat Leasee
A landlord must warn the tenant the tenant of dangers, but has no duty to make the premises safe except:
(a) Common areas
(b) Latent defects
(c) Public use of public space (due to significant nature of the defect and the short length of the lease, that a tenant would not repair and to protect the public)
(d) Short term lease of furnished dwelling. - Here, landlords are responsible for any defective condition which proximately injures a tenant whether he knew of the defect or not.
Although the landlord has no duty to repair, once a repair is undertaken then it must be completed with reasonable care.
Terminating an Easement through Estoppel
An oral expression of an intent to abandon an easement won’t terminate an easement unless it’s also committed to writing (a release) or accompanied by action (abandonment).
But if the servient owner materially changes their position in reasonable reliance on the easement holder’s assurances or representations (such as that the easement will no longer be enforced), the easement terminates through estoppel.
Adverse Possession
(1) continuous
(2) open and notorious
(3) actual
(4) hostile
Easement in gross
There is no dominant tenant, the servient land is burden so that the holder may obtain a personal/commercial advantage unrelated to the use/ejoyment of land.
This easement is not transferrable unless it is for commercial purposes.
Easement appurtenant
The appurtenant easement passes automatically with transfers of the dominant tenement, regardless of whether it is even mentioned in the conveyance.
The burden of the easement appurtenant also passes automatically with the servient estate, unless the new owner is a bona fide purchaser without notice of the easement.
Requirement for Burden to Run
(1) writing
(2) Intent
(3) Touch and concerns land
(4) horizontal privity
* promisor and promisee shared some interest in the land development of the covenant
(5) vertical privity
* holds the entire durational interest held by the Covenanter at the time the covenant was made
(6) notice
Requirement for benefit to run
(1) Writing
(2) Intent
(3) Touch and concerns
(4) vertical privity
Equitable Servitude
(1) intent
(2) touch and concern
(3) notice
Common scheme doctrine
Under the common scheme doctrine the court will imply a reciprocal negative servitude on the unrestricted lot.
If a developer subdivides the land
And some deeds contain the restrictive covenants
But others do not
The restrictive covenant will bind all parcels if
(1) the scheme of development started when sales began; and
(2) D had notice of the promise when they took possession (record, actual, or inquiry notice)
Doctrine of Changed conditions
Under this doctrine, a party seeks release from the terms of an equitable servitude because the changed circumstances of the neighborhood conditions is so significant that enforcement would be inequitable.
The changed conditions must be so pervasive they affect and entire area or subdivision, mere pockets of limited change will not suffice.
Tacking
One adverse possessor may tack on to his time with the land his predecessor’s time, so long as there is privity between the possessors.
Privity is satisfied by any non-hostile nexus, such as a contract, deed, or will.
By contrast, privity is absent when the possessor acquires possession by ousting his predecessor in possession.
Effect of Disabilities on Continuous Element of Adverse possession
The statute of limitations will not run against a true owner who is afflicted by a disability at the inception of the adverse possession.
Only the disability of the owner existing at the time the cause of action arose is considered.
conveyance of real estate
(1) The land contract, which conveys equitable title. Than land contract endures until
(2) The closing, where the deed passes legal title and becomes our operative document
