Property Flashcards
An assignment of a lease
Occurs when T transfers all his rights under the lease to a third party for the remainder of the lease
Can a landlord waive a nonassignment/nonsublet term?
Yes, if the Landlord subsequently gives tenant the permission to make an assignment/ sublease then the term is waived
Does a holder of a fee have mineral rights?
Yes, and the holder may remove minerals without providing notice or getting permission from future interest holders
When is an equitable servitude enforceable?
(1) touches and concerns the land; (2) intent for restriction to be enforceable; and (3) subsequent grantee has notice of the servitude
When does an equitable servitude bind an entire subdivision?
when it is apparent from a common scheme in the subdivision
How is an easement by necessity created?
A tract of land is divided and and due to the division one of the parcels becomes landlocked (no access to roads or utilities) - an easement is created over the parcel of land with access to public roads and utility lines.
An easement is terminated by merger…
when the two lots come into common ownership and there is complete unity of ownership
What kind of possession is the landlord entitled to give the tenant on the date of the lease commencement?
Unless a statute provides otherwise, a tenant is only required to give the tenant legal right to possess the property, not actual possession
What does an agreement constitute an equitable mortgage?
When the seller delivers a deed to the buyer to secure a loan and parties intended for the arrangement to be treated as mortgage
Under a race-notice statute:
subsequent BFP prevails if they record before the prior grantee w/o notice of the prior instrument
Under a notice statute:
a subsequent BFP prevails
Under a race statute:
First person to record prevails
is privity required to enforce an equitable servitude?
NO (need a writing, intent that subsequent successors be bound, touch and concerns the land, and successors to be bound have notice)
When is MIMIC evidence admissible?
Only if D is contesting the non-character issue
