Property

Question 1

Implied Easement From Prior Use

Answer 1

(1) Both parcels must have been owned by the same person at the time the prior use arose
(2) The prior use that was said to create an implied easement must have benefited the other portion of the land
(3) The prior use must have been apparent
(4) The prior use must have been continuous
(5) The prior use must have been reasonably necessary for use and enjoyment,

Question 2

Covenant of quiet enjoyment

Answer 2

Implied in every lease

Protects a tenant against construction eviction by the landlord.

Question 3

Valid Lease Assignment

Answer 3

Upon one, the landlord and the assignee of privity of estate with each other, and either party can enforce beneficial lease covenants that are in the lease against each other such as a duty to pay and a duty to maintain.

Question 4

Constructive eviction

Answer 4

The tenant has the burden of showing in addition to

(1) breach of duty
(2) that the tenant gave the landlord notice of the breach
(3) the breach resulted in deriving the tenant substantial enjoyment of the premises
(4) the tenant gave the landlord a reasonable opportunity to correct the breach, and the tenant vacated