Property

Question 1

Assignment of Lease

Answer 1

Presumption that a lease may be freely assigned, unless language in the lease restricts assignment.
Even with restriction, a landlord may waive the restriction by failing to enforce the restriction.

Assignee is liable for everything under assigned lease, while assignor remains liable for rent.

Question 2

Sublease

Answer 2

Sublease is an assignment but smaller.

Subelessee is NOT liable to the landlord for rent or other covenants.

Question 3

Easements

Answer 3

An easement is a non-possessory interest in the use of someone else’s land.

Easement in gross - benefits a specific owner’s enjoyment/use, DOES NOT attach to the land.

Easement appurtenant benefits any owner and DOES attach to the land. Will pass to subsequent landowners when the new owner has NOTICE (actual, constructive, or inquiry).

Question 4

Real Covenants

Answer 4

A non possessory interest in land that obligates the holder to either do something or refrain from doing something.

DIFFERS FROM EQUITABLE SERVITUDES based on relief.
Real Covenant - Damages
Equitable Servitude - Injunctive Relief

Question 4

Easement by Grant

Answer 4

An easement by grant is an express agreement by the grantor allowing the easement, must be:
1) in a writing signed by the grantor that satisfies the statute of frauds (if over one year);
2) identify the land and parties involved;
AND
3) indicate the grantor’s intent to convey the easement.

Question 5

Equitable Servitudes

Answer 5

Equitable Servitudes are covenants that equity will enforce if the burdened estate had notice of the covenants.

Question 6

Landlord Duties

Answer 6

• Duty to Deliver Possession
• Duty to Repair
• Duty to Mitigate Damages
• Implied Warranty of Habitability

Question 7

Joint Tenancies

Question 8

Zonings/Variance/Takings

Question 9

Easement by Prescription

Answer 9

Created when possessor’s use of the land is
1) open and notorious;
2) continuous;
3) hostile;
AND
4) *for the statutory period

Question 10

Easement by Implication

Answer 10

Established when
1) a single tract of land is divided by a common owner;
2) a pre-existing use by the grantor that benefits the land is established prior to the division of the land;
3) the use is continuous and apparent
AND
4) such use is reasonably necessary for the use and enjoyment of the benefitted property.