Property Flashcards
Easement
Non possesory interest in the use land of another or restrict the land of another (positive/negative)
Express easement
Easement between two parties in writing
Easement by necessity
Not in writing
Factually based on the necessity of one person to enter land of another because they’re landlocked. Terminates when it’s no longer necessary
Easement by prescription
Using land for the statutory period of time (20yrs in FL) in an open, notorious, adverse, and continuous manner then you have the right
Easement by implication
Implied from prior use
Duration of easements
Easements are generally enforceable forever unless it’s terminated
Express- time written when it ends
Necessity- when it’s not necessary
Implication- forever unless legally terminated
Termination of easement
Abandonment (no use/intent not to return)(no use alone is not enough)
Merger (parcels are combined)
Covenants
Always in writing
To do or not do something on land
Generally runs w the land even if it’s not on their deeds
When a covenant runs with the land
Intent to run with the land
Touches and concerns the land
Horizontal/vertical privity
Notice
Equitable servitude (remedy for covenant) (can also be money damages)
Injunction to stop someone from performing (enforce restrictive covenant)
Tenancies
Periodic Tenancy
Start date and then goes on successive periods of time (month to month//year to year). No termination date until notice is given
Notice to terminate
Month to month- No less than 15 days before end of the period
Year to year- 60 days
Tenancy for years
Beginning and end date.
At will tenancy
Goes on indefinitely and can be terminated by either roart
Tenancy at sufferance (holdover)
Tenant stays after the lease term. L can can charge double rent for that period holding over.
L can begin eviction proceedings
Tenant duties
Pay rent
Not commit waste (permissive/ameliorative)
Landlord duties
Deliver physical possession on first day of lease term
Quiet enjoyment (warranty)
Warranty of habitability (health and safety codes)—if breached then constructive eviction
In FL, if tenant does not pay L cannot self help
Transfer of title
Real estate contract
Deed
Equitable conversion
Once real estate contract is signed, buyer acquires equitable interest and risk of loss transfers to buyers
Real estate contract
Writing- Party price terms
Marketable title
SOF
Marketable title
Reasonably free from doubt
No encumbrances, liens, cloudiness of title, mortgages
Deed
Warranty
Quitclaim
Quitclaim
No promises on quality of title. Buyer beware (cannot sue)
Warranty deed
6 warranties that guarantee quality of the title. 3 present 3 future
Present (breached on day of closing)
- warranty of seizin
- right to convey
- against encumbrances
Future
- quiet enjoyment
- warranty of warranty
- further assurances
General warranty
Title is clear on my end but has been clear forever.
Special warranty
Title is clear since I have owned the property.
Valid deed
Writing
Identifiable grantees
Legal description of land
Fl, signed by grantor and two witnesses.
Delivery of deed
Intent to transfer deed to grantee. Acceptance of deed is presumed unless evidence to contrary. On closing, real estate K merges with deed (cannot sue on K anymore)
Mortgages
Purchase money mortgage always gets priority
Fl, lien theory state- bank only has a lien on prop, no title
Recording statue (pure notice)
Fl, is pure notice, which protects last or subsequent BFP (someone who pays value, has no notice of earlier transactions) (not bfp if inheritance, will, adverse p)
Recording
Once deed is recorded, following purchasers are not BFP cause deed has been recorded.
Joint tenant
Right of survivorship
Can convert without consent while alive
Tenancy in common
No right of survivorship (heirs get interest)
Can convey without consent
Tenancy by entirety
Married people
FL, presumed married people are tenants by entirety
Right of survivorship
Spouse may not convey without consent (can’t mortgage)
Duty to disclose (in conveyance)
If they knew or should have known about defect and it’s not obviously visible. NO active concealment (affirmatively doing something to hide defect)
Remedies
Mistake
Concealment
Specific performance
Revcission
Misrepresentation
Conveyance remedy- specific performance
Land is always unique.
Conveyance remedy- recission
No meeting of minds because of
