Property - Barbri lecture

Question 1

Under the doctrine of constructive eviction, the tenant may:

Answer 1

Vacate the premises
Terminate the lease
Sue for Damages

Question 2

Partial Eviction by the LL relieves the tenant of the …

Answer 2

obligation to pay rent for the entire premises

Question 3

Every lease contains an implied covenant that neither the landlord nor someone with paramount title will interfere with …

Answer 3

tenant’s quiet enjoyment and possession of the premises

Question 4

The implied covenant of quiet enjoyment can be breached by:

Answer 4

total/actual eviction
Partial actual eviction

Question 5

partial eviction by a paramount title holder results in

Answer 5

apportionment of rent (does not need to pay a PORTION of the rent from where he was evicted) still liable for rent

Question 6

May a tenant waive the implied warranty of habitability?

Answer 6

No, against public policy

Question 7

Under the Implied warranty of habitability, the LL promises WHAT

Answer 7

that the premises are suitable for human residence

Question 8

the implied warranty of habitability only applies to…

Answer 8

residential leases, not commercial

Question 9

no working plumbing, faulty wiring, no heat in winter = breach of

Answer 9

implied warranty of habitability

Question 10

tenant’s options if LL breaches under implied warranty of habitability:

Answer 10

MRx3
1) MOVE
2) REPAIR AND DEDUCT
3) REDUCE OR WITHHOLD RENT
4) REMAIN AND SEEK DAMAGES

Question 11

If a tenant sublets the premises (i.e., the tenant retains part of the remaining term), the tenant is the landlord of the sublessee:

Answer 11

The sublessee cannot sue or be sued by the landlord.

Question 12

if there has been an assignment (i.e., the tenant makes a complete transfer of the entire term remaining), the assignee is substituted for the original tenant and

Answer 12

can sue or be sued by the landlord.

Question 13

The doctrine of constructive eviction provides that where a landlord does an act or fails to perform some service that he has a legal duty to provide, and thereby makes the property uninhabitable, the tenant may

Answer 13

terminate the lease and seek damages.

Question 14

What 3 elements need to be satisfied to a tenant to claim constructive eviction:

Answer 14

SING
1. substantial interference (chronic / permanent problem)
2. notice (T must notify L, L must fail to fix)
3. Good bye/get out (T must vacate)

Question 15

constructive eviction requires that… who makes the premises uninhabitable?

Answer 15

the landlord

Question 16

If a Landlord Leases property to a Tenant, but then subsequently assigns their interest to Landlord 2, who is liable to Tenant?

Answer 16

Both Landlord 1 and Landlord 2.

L2- assignee is liable for all lease covenants that run wit the land
L: remains liable for covenants in original lease

Question 17

If a landlord consents to one transfer that violates a covenant against assignment or sublease, he waives…

Answer 17

his right to avoid future transfers.

Question 18

An assignment of a tenancy at will is

Answer 18

VOID and terminates the tenancy. Its invalid.

Question 19

If four years into a six-year tenancy for years, T orally transfers his entire interest to T2 for two years, the attempted assignment is …

Answer 19

ineffective under the Statute of Frauds.

Question 20

If a Landlord sells their property, do covenants in a lease still get upheld?

Answer 20

YES, covenants in the lease still apply

Question 21

If a lease prohibits assignments, does it also prohibit a sublease?

Answer 21

NO and vice versa. The terms are construed strictly.

Question 22

use of an easement beyond its legal scope will not …… it will…..

Answer 22

will not terminate it

but the easement is surcharged and servient owner can sue to enjoin the use (injunction)

Question 23

is a long period of nonuse sufficient to terminate an easement?

Answer 23

Yes, but not on its own. if it is accompanied by other evidence of intent to abandon the easement (easement holder erects permanent structure blocking the easement)

Question 24

Neighbor A, talking by the fence with neighbor B, says, “B, you can have that right of way across my land.” Is this oral easement
enforceable?

Answer 24

No not enforceable. Violates the SOF, easements more than 1 year must be in signed writing

Question 25

You buy a ticket to the broadway show, and then before it’s about to begin, the show manager comes up and says: you gotta get up, we sold your tickets to someone else.” Can they do this?

Answer 25

Yes, tickets create a license that is freely revocable.

Question 26

When will estoppel apply to bar revocation of a license?

Answer 26

only when the licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation

Question 27

what is a license?

Answer 27

Mere privilege to enter another’s land for a narrow purpose. they are freely revocable at will by the licensor

Question 28

The profit entitles the holder to

Answer 28

enter servient land and take some resource

Question 29

A profit may be extinguished through a..

Answer 29

surcharge (misuse that overly burdens the servient estate)

Question 30

if a restrictive covenant is not in writing (not in deed or chain of title), it may still be binding if:

Answer 30

there is an implied equitable servitude (common scheme doctrine)

If not in writing, this is the only doctrine for servitude that can apply.

Question 31

What are the two elements of the general or common scheme doctrine?

Answer 31

1. There is a common scheme for development (i.e., a plan existing at the time sales of the subdivision parcels began that all parcels be developed within the terms of the negative covenant); and
2. The grantee had actual, record, or inquiry notice of the covenant.

Question 32

what is an equitable servitude

Answer 32

a covenant that regardless of whether it runs with the land, can be enforced in equity against successors of the burdened land unless the successor is a bona fide purchaser (purchaser without notice)

Question 33

Req’s for burden of an equitable servitude to run

Answer 33

WITNES
1) writing
2) intent
3) touch and concern
4) Notice
5) ES - equitable servitude

Question 34

when there is a question of enforcing a burden of a real covenant at law, what is required?

Answer 34

Horizontal privity

Question 35

the statute of limitations does not run against the holder of a future interest (e.g., remainder, reversion) until …

Answer 35

until her interest becomes possessory. need the present estate to terminate still.

Question 36

O conveys a life estate to A, with a remainder to B.

If during A’s lifetime, X enters into actual, exclusive possession that is open and notorious and hostile for the statutory period, will X obtain title to the land?

Answer 36

No, but X will acquire A’s life estate only.

X will not obtain title to the land because of B’s remainder, which is nonpossessory until A dies.

Question 37

If an adverse possessor uses the land in violation of a restrictive
covenant in the owner’s deed for the statute of limitations period:

Answer 37

they take free of the restriction

Question 38

If, however, the possessor’s use
complies with such a covenant:

Answer 38

they take title subject to the restriction.

Question 39

If AP enters under color of title, (mistaken deed/fraudulent deed), you gain an advantage, what is it?

Answer 39

If you satisfy COAH, then at the close of the stat. Period you get to state your claim as rightful owner. You can use the land as described in your deed too!

Question 40

How can a disability stop the SOL clock from running for Adverse possession?

Answer 40

If the disability was in existence on the day the AP began.

Question 41

If a minor was not yet born, or a person did not fall into coma yet, the SOL clock for adverse possession…

Answer 41

does not stop running. They probably possessed.

Question 42

Fifty-one years ago, an owner conveyed land to a taker for “so long as the land is used solely for residential purposes; otherwise, the interest in land shall revert to the owner and his heirs.” The taker used the land as her personal residence for 20 years, but 31 years ago, she began operating a children’s day camp on the land. The owner knew of this operation, but he took no action.

Two years ago, the aged taker decided to get out of the camp business. She closed her business and once again began to use the land solely as her personal residence. Also two years ago, the owner died, survived by his son and only heir. Now the son is laying claim to the conveyed land. The jurisdiction in which the land is located has a seven-year adverse possession statute and another statute that bars enforcement of possibilities of reverter 55 years after their creation.

May the son validly claim title to the land?

Answer 42

NO, he cannot because AP begin 31 years ago and the SOL period has been passed (7 years).

On the happening of the prohibited event (using the land for other than residential purposes), the taker’s fee simple determinable automatically came to an end, and the owner was entitled to present possession. Not having claimed possession within the applicable seven-year period, and with the taker’s possession being open, notorious, continuous, and adverse, any action by the owner or his heirs is now barred by adverse possession