Property Flashcards
how to terminate an easement
END CRAMP Estoppel Necessity (end of the necessity) Destruction of servient land Condemnation (eminent domain) Release (written) Abandonment (NOT just nonuse) Merger (of title) Prescription
Present covenants in a general warranty deed + SoL
-Seisin - grantor owns property
-Right to convey
-Against encumbrances ~ liens, servitudes
SoL: at delivery
Future covenants in a deed
-quiet enjoyment: no 3P claims of title
-warranty: promise to defend grantee
-further assurances: promise to perfect grantee’s title
SoL: when disturbed
Requirements for a covenant to run with land
WITHN
Writing Intent to run Touch & concern land Horizontal + vertical privity Notice
Requirements for a burden to run with the land
WITV
Writing
Intent to run
Touch & Concern land
Vertical privity
Requirements for an equitable servitude to run (Burden + Benefit)
WITN
Writing Intent Touch & Concern Notice **for a benefit: writing, intent, touch & concern
Implied equitable servitude
- scheme of development when sales began
2. D had notice of restriction
Fee Simple Absolute
“To A” or “To A and his heirs”
Fee Simple Determinable
“to A so long as…”
future interest = Possibility of Reverter
Fee Simple subject to Condition Subsequent
Conditional language + grantor’s right to re-enter
Future interest = right of entry/power of termination
Fee Simple subject to executory intereest
“to A, but if X, then to B”
Future interest: shifting executory interest
Life Estate
“to A for life”
future interest: reversion to O or remainder in a 3P
Types of remainders
Contingent: unborn/unascertained persons OR subject to a condition precedent Indefeasibly vested: certain to acquire in future Vested subject to total divestment/complete defeasance: certain, but string is attached Vested subject to open: class of takers is open
Types of executory interests
Shifting: follows a defeasible fee, cuts short someone other than grantor
Springing: cuts short the grantor
future interests in grantor
possibility of reverter
right of entry
reversion
requirements to create a joint tenancy
T-TIP
same time, title, identical interests, right to possession
Landlord’s options if tenant fails to pay rent and is in possession of premises vs. not
if in possession, may evict or sue for rent due
if not in possession (SIR) – may treat as a surrender of the lease, ignore the abandonment and hold T responsible for rent, relet
elements of constructive eviction
SING
substantial interference
notice
goodbye (tenant must vacate)
standard of IW habitability
the premises must be fit for human habitation
tenant’s options on breach of implied warranty of habitability
M + 3Rs
move out
reduce or withhold rent
repair and deduct
remain in possession and seek damages
fair housing act (coverage, exceptions, substantive provisions)
- covers discrimination based on race, color, religion, national origin, sex, disability, family status
- exemptions: (1) owner-occupied buildings with 4 or fewer units; (2) single-family homes from an owner who owns no more than three single-family homes
- major ban: refusing to sell/negotiate; different terms; falsely representing dwelling isn’t available
- prohibits ads indicating any preference/limitation (exemptions don’t apply to this; LL and publisher can be sued)
Landlord’s exceptions to caveat lessee (5)
CLAPS
common areas
latent defects (duty to WARN)
assumption of repairs
public use rule ~ if a LL leases public space for short length + knows T won’t repair a defect, L
ST lease of furnished dwelling – any defect whether or not knew of the defect
fixtures – rule for residential tenants
determine if a fixture based on whether party objectively intended to incorporate into the property: nature of addition, manner of attachment, damage if removed
fixtures – rule for commercial tenants
a commercial tenant can remove all trade fixtures before the end of the lease
cannot remove accessions = structural additions to property
