Property Flashcards
What are a landlord’s 4 remedies when a tenant has abandonned the premises of the lease?
(1) Accept the surrender.
(2) Do nothing – let the tenant’s premises vacant and sue the tenant for all the rent due –
the landlord has no obligation to mitigate – the landlord has to wait until the end of the
tenancy to recuperate all the rent due.
(3) Re-let for the tenant’s account – may mitigate on behalf of the tenant, but the difference
will be met up by the defaulting tenant.
(4) Sue for expectation damages = expectation - mitigation that has to be shown by the
defendant
What are the 4 unities of joint tenancy?
Unity of Title, Interest, Time and Possession
What are words typically used for a fee simple subject to a condition subsequent?
Provided that, but if, on the condition, however
What are words typically used for a fee simple determinable?
until, so long as, while, during
What are two broad reasons why a condition may be void?
Vague/ambigious and on grounds of public policy
What are the consequences of a void condition for a fee simple determinable, a fee simple subject to a condition subsequent or precedent?
FSD = whole grant is void (limitation is unknown)
FSCS = becomes a fee simple absolute (condition becomes impossible to breach)
FSVP = whole grant is void
What defenses exist for trespass?
Accident, necessity or consent/license
What are some limits to the right to exclude?
(1) Necessity (firefighters)
(2) Public purpose (well-being of migrant farm workers)
(3) Certain fundamental rights when they do not conflict with the use or principal function of the public place
What are the 3 elements for an interlocutory injunction for trespass?
(1) Prima facie strong case or serious question
(2) Irreperable harm (trespass always is)
(3) Balance of convenience
What are the two required elements for possession?
Animus possidendi (the intent)
Factum (Control (physical or constructive))
What are the elements for adverse possession to start running?
Possession must be open/notorious, exclusive, adverse/hostile, actual and continous.
It must also be inconsistent with the use that the original owner makes of the property. (intend to exclude + actually exclude)
What are the three standards of care for each type of bailment relationship?
Bailment for hire: standard of reasonable care in the circumstances
Bailment for benefit of bailee: slight negligence
Bailment for benefit of bailor: gross negligence
What is the rule of first possession?
It grants the first possessor the superior right to claim ownership based on discovery, capture and creation.
What are the three requirements for a custom to establish a property right?
Reasonable, wideley recognized and necessary for the function of the industry
How does one differentiate between abandoned or lost property?
Abandonment is when the owner discards the property, intending to relinquish title and shows indifference to its fate (they don’t take any reasonable steps to find)
Lost is when the owner has lost property but has not relinquished its title and therefore has taken reasonable steps and actively look for the lost chattel.
