Property

Question 1

Implied Covenant of Quiet Enjoyment & Remedy

Answer 1

Rule - The ICQE applies to all residential and commercial properties and is implicated when a LL takes actions that make the premise wholly or substantially unsuitable for their intended purposes.

Remedy = constructive eviction

Question 2

Constructive Eviction

Answer 2

Rule - A constructive eviction has 4 elements:
1. Premises were unusable for their intended purposes
2. T notified LL of the problem
3. LL does not correct the problem in a reasonable time, AND
4. T vacates the premises after reasonable amount of time

Question 3

Implied Warranty of Habitability

Answer 3

Rule - LL has an obligation to maintain the property such that it is suitable for residential use, mostly concerning conditions that threaten T’s health and safety.

Question 4

Breach of Implied Warranty of Habitability

Answer 4

Rule - If LL does not fix the problem within a reasonable time, T can:
1. Withhold rent
2. Repair defects and deduct cost from rent
3. Sue for damages while T is staying in dwelling, OR
4. Terminate lease

Question 5

Express Easement

Answer 5

Rule - An express easement is created by voluntary agreement by the owners of the dominant and servient estates by grant or by reservation.

Subject to SOF

Question 6

Implied Easement by Implication (Prior Existing Use)

Answer 6

Rule - For an easement by implication, there must be
1. Severance of land held in common ownership
2. Existing, apparent, continuous use of 1 parcel for the benefit of another at time of severance, and
3. Reasonable necessity for that use.

Question 7

Easement Appurtenant

Answer 7

Rule - An easement appurtenant is tied to the use of the land and is fully transferable with the land.

Question 8

Easement in Gross

Answer 8

Rule - An easement in gross is an easement that benefits the holder personally and is only transferrable if there is an intent to transfer or if for commercial use.

Question 9

Implied Easement by Necessity

Answer 9

Rule - An easement by necessity is created only when
1. Severance of land in common ownership and
2. At severance, one property became virtually useless without an easement.

Ends - when no longer necessary

Question 10

Implied Easement by Prescription

Answer 10

Rule - Prescriptive easement is acquired by adverse possession, except does not require exclusivity.

ACHO - adverse, continuous, hostile, open & notorious

Question 11

Implied Easement by Estoppel

Answer 11

Rule - An easement by estoppel is when (1) a neighbor 1 gives neighbor 2 a license, (2) neighbor 2 relies on the licence, and (3) neighbor 1 withdraws the license.

If reliance was detrimental to neighbor 2 (invested money on reliance), then neighbor 1 cannot withdraw permission

Question 12

Types of Implied Easements

Answer 12

NIPE

1. Necessity
2. Implication (Prior Use)
3. Prescriptive
4. Estoppel

Question 13

Terminating an Easement

RAMPSEE

Answer 13

RAMPSEE

1. Release - express in writing
2. Abandonment - non-use + act demonstrating intent to abandon
3. Merger - holder gets title to servient estate
4. Prescription - if owner fails to protect from S estate for statutory period
5. Sale to purchaser
6. Estoppel - S owner changes position based on holder’s statements/conduct
7. End of necessity

Question 14

Burden to Run - Real Covenant

Answer 14

Rule - For the burden to run for a real covernant, it must meet six requirements:
1. Satisfy SOF
2. Original parties intended to bind successors
3. Touch and concern the land
4. Notice of covenant
5. Horizontal privity
6. Vertical privity - successor must take original party’s entire interest

Question 15

Benefit to Run - Real Covenant

Answer 15

Rule - For the benefit of a real covenant to run, 4 requirements must be met:
1. Satisfy SOF
2. Original parties intended to bind successors
3. Touch and concern the land, and
4. Relaxed vertical privity - successor need only take interest carved out of original party’s estate

Question 16

Equitable Servitude Requirements

Answer 16

Rule - To bind successors, there must be:
1. SOF or common plan
2. Intent to bind successors
3. Touch and concern the land
4. Successors must have notice - actual, inquiry, record

Question 17

Subject To Mortgage

Answer 17

Default - presumed if deed is silent

Transferee - not personally liable for default
Borrower - personally liable

If deficiency –> transferee not liable for deficiency

Question 18

Public Nuisance

Answer 18

Rule - A public nuisance is an interference with the health, safety, or property rights of the community.

Private individual must show that they suffered a different kind of harm than the rest of the community.

Question 19

Private Nuisance + Elements

Answer 19

Rule - A private nuisance is a substantial and unreasonable interference with another individual’s use or enjoyment of property.

Substantial - offensive, inconvenient, or annoying to average person in the community

Unreasonable - injury outweighs the usefulness of D’s actions

Question 20

Termination of ES

Answer 20

Same as easement + Changed Circumstances Doctrine

Question 21

Fee Simple Determinable + Future Interest

Defeasible Fee

Answer 21

Limited by specific durational language - while, during, until

Can be terminated by the occurrence of an event

“to A while the land is used as a farm”

Future interest - possibility of reverter in grantor
- If third party –> executory interest

Question 22

Fee Simple Subject to a Condition Subsequent

Defeasible Fee

Answer 22

Limited by specific conditional language - provided that, on the condition that

Future interest - right of re-entry

Question 23

Fee Simple Subject to Executory Interest

Answer 23

Upon occurrence of the event, the future interest vests in the 3rd person

“to A but if liquor is served on the permises, then to B”

Future interest - held by third person, not grantor

Question 24

Life Estate Future Interests

Answer 24

Reversion - possession of land goes back to the grantor after LE ends

Remainder - possession of land goes to 3rd party after LE ends

Question 25

Vested Remainder

Answer 25

A vested remainder is an interest that is
1. Given to an ascertained grantee, AND
2. Not subject to condition precedent

“to A for life, then to B”

Question 26

Contingent Remainder

Answer 26

Contingent remainder exists if:
1. Grantee is NOT ascertainable, or
2. Subject to a condition precedent

“to A for life, then to A’s firstborn child.”

Question 27

Vested Remainder Subject to Open

Class Gift

Answer 27

Vested remainder in a class gift and full class membership is unknown

At least 1 person in the class must be vested - if not, then contingent remainder

Question 28

Shifting Executory Interest

Answer 28

Divests a prior grantee
1 grantor + 2 grantees

“to A but if the land is used for commercial purposes, to B”

Question 29

Springing Executory Interest

Answer 29

Divests grantor

1 grantor + 1 grantee

“to A after she is admitted to the bar”

Question 30

Equitable Conversion

Answer 30

Rule - Buyer bears the risk of damage to a property during executory period.

Contract = gives buyer equitable title

Question 31

SoF Exceptions for Land Sale Contracts

Answer 31

1. Part Performance - must show 2: (1) party took possession, (2) made substantial improvements, and (3) paid some or all of purchase price
2. Equitable Estoppel - party reasonably relied on contract & would suffer hardship

Question 32

Severing Joint Tenancy

Answer 32

1. Lifetime transfer by 1 JT
2. Mortgage in title theory state - severs JT