Property Flashcards
Voluntary Waste & Permissible Use of Natural Resources (4)
Exploitation of natural resources by life tenant ok if:
(1) Prior Use
(2) Repairs to the property
(3) Granted the right to exploit
(4) Exploitation (land is suitable only to exploit)
The Rule of Destructability and Contingent Remainders
At common law, a contingent remainder was destroyed if it was still contingent at the time the preceding estate ended. Now it has been abolished.
The Rule in Shelley’s Case
At common law, when a grant gave a life estate to A and the remainder in A’s heirs, the interests would merge into a fee simple absolute in A. It has now virtually been abolished unless there is clear grantor intent.
The Doctrine of Worthier Title
If a grantor attempts to convey a remainder to his heirs, it becomes a reversion in the grantor. (O to A for life, then to his heirs –> O to a for life, then to O.)
Joint Tenancy
Two or more own with right of survivorship. Requires (1) grant at same time; (2) same title; (3) identical interests; (4) right to possess the whole. Right of survivorship must be clearly expressed.
Severance of a joint tenancy
(1) Sale
(2) Partition (by voluntary agreement; in kind; forced sale)
(3) Mortgage (only in title theory states)
Equitable conversion
Land sale is treated as functionally complete at moment of contract, not closing.
Fixture
Once movable chattel that, by virtue of its annexation to realty objectively shows the intent to permanently improve the realty. Fixtures pass with ownership of the land.
How to tell if something is a fixture: (1) express agreement controls; (2) in absence of agreement T may remove chattel he installed so long as removal won’t cause substantial damage.
Landlord options when T breaches duty to pay rent and leaves apartment (3)
(1) Surrender: treat abandonment as implicit offer of surrender and accept it.
(2) Ignore the abandonment and hold T responsible for unpaid rent (only available in minority of states.
(3) Re-let the premises on the wrongdoer’s behalf and hold him or her liable for any deficiency.
Constructive Eviction
(1) Substantial Interference due to L’s actions or failures
(2) T notified L of the problem and L failed to fix it
(3) T must vacate the unit w/i reasonable time
Implied Warranty of Habitability
Premises must be fit for basic dwelling. Bare living requirements must be met. When warranty is breached, T can (1) move out and end lease; (2) repair and deduct the cost from future rent; (3) reduce rent (place in escrow); (4) remain, pay rent, and seek money damages.
Landlord Tort Liability (5)
(1) Common areas
(2) Latent defects (L must warn about hidden defects L knows, or should know, about)
(3) Assumption of repairs
(4) Public use (L who leases public space and knows because of nature of defect and length of lease that T will not repair)
(5) Short term lease on furnished dwelling
Easement
The grant of a nonposessory property interest that entitled its holder to some form of use or enjoyment of another’s land, called the servient tenement.
Categories of negative easements (5)
(1) Light
(2) Air
(3) Support
(4) Streamwater from artificial flow
(5) Scenic view (minority of states)
Creation of an affirmative easement (4)
(1) Perscription (continuous, open and notorious, actual, and hostile use)
(2) Implication (previous use was apparent and parties expected it would continue b/c reasonably necssary to dominant land’s use and enjoyment)
(3) Necessity (grantor conveys portion of his land with no way out except over part of his remaining land
(4) Grant
