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MBE Rules > Property Hot Topics > Flashcards

Property Hot Topics Flashcards

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1
Q

Three Concurrent Estates

A

Joint tenancy
Tenancy in Entirety
Tenancy in Common

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2
Q

How do you create a joint tenancy?

A

The four unities:
Time, Title, Interest, Possession

All joint tenants must have equal shares and there must be a clear expression of right of survivorship

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3
Q

How do you sever a joint tenancy?

A

Sale and Partitions

Sale - you sell the conveyance and the joint tenancy is severed and you have a tenancy in common with remaining tenant(s) (if more than one they keep their joint tenancy with right of survivorship)

Judicial partitions
Force sale and divide proceeds
Partition in kind – physically divide the land

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4
Q

When does a mortgage sever a joint tenancy?

A

Title Theory states where a mortgage is the equivalent of transferring title

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5
Q

What is the majority rule for mortgages?

A

A Lien theory state is the majority and there a mortgage does not sever unless there’s a foreclosure and the property sold

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6
Q

Description of a Tenancy in Common

A

Concurrent estate but with no right of survivorship, meaning it is alienable, descendible, and divisible

this is the presumed concurrent estate

But each grantee may possess the whole

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7
Q

Rights of Co-tenants

A

Possession – equal right to possess the whole or any party

Rents and Profits – no collecting rent from co-tenants unless they ousted their co-tenants

If rented to a third party, each co-tenant get a fair share of profit based on the size of their share

Adverse possession
- cannot adverse possess property unless they oust their co-tenants

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8
Q

Obligations of co-tenants

A

Carrying costs – pay fairshare of carrying costs

Repairs – right to contribution for reasonable, necessary repairs provided they give notice and the contribution is based on fair share

Improvements – no obligation to contribute, but at partition you may get a debit or credit based on if the improvement improved the value

Do not commit waste

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9
Q

Waste Types

A

Voluntary – purposeful destruction or damage

Permissive – neglectful damage

Ameliorative waste – changes that increase value, recoverable for damages but may get a credit at partition

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10
Q

How do you tell a tenancy in years from a periodic tenancy?

A

A tenancy in years has a specific end date and can be any length. Period tenancies do not have specific end dates

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11
Q

Notice requirement for termination of a tenancy in years

A

No notice requirement because the end date is known

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12
Q

When does a tenancy in years terminate?

A

On the date of the lease OR if there’s a breach of the lease covenants like a failure to pay rent

Also a tenancy of years ends upon surrender of the tenancy and the landlord accepts

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13
Q

What is required to make a tenancy in years?

A

Must be in writing if it is more than a year to satisfy the statute of frauds

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14
Q

Periodic Tenancy Description

A

A periodic tenancy is a tenancy whose lease continues in successive intervals

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15
Q

How do you create a periodic tenancy?

A

Express it in a written lease OR

by implication or operation of law

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16
Q

Periodic tenancy by implication or operation of law

A

A lease that makes no mention of duration but provides rent on a certain basis will become the periods

Oral term of years become a periodic tenancy in the way the rent is tendered

Hold overs become periodic tenancies

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17
Q

Termination of a Periodic Tenancy

A

Automatically renewed unless there’s proper notice.

Unless the contract says otherwise, the notice requirement is based on the period

Month to month requires 1 month

week to week requires 1 week

Year to year or greater requires 6 month

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18
Q

Hold Over Doctrine

A

If a tenant continues in possession after the lease the landlord can

1) Evict the tenant OR
2) bind the tenant into a new periodic tenancy

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19
Q

Estoppel by Deed Doctrine

A

A grantor that does not have title at the time who gives a warranty deed to her grantee and later gets title to the property, that title springs through the grantor and vests in the grantee by operation of law.

A quitclaim deed does not do this.

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20
Q

What terms constitute the periodic tenancy created by the hold over doctrine?

A

The same rental terms for rent UNLESS you provided notice before the lease terminated that they would be different.

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21
Q

Length of a commercial periodic tenancy created by the Hold Over Doctrine

A

If the original term was for one year or more, it can be a new year to year tenancy

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22
Q

Length of a residential periodic tenancy created by the Hold Over Doctrine

A

Month to month regardless of original term

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23
Q

Exceptions to the Hold Over Doctrine

A

Not triggered if

1) tenant remains in possession for only a few hours or leaves a few personal property items behind after the lease expires

2) delay not caused by the tenant’s fault

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24
Q

Landlord’s remedy when Tenant Fails to Pay Rent and is in possession

A

Evict or sue for rent (but not self help)

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25
Q

Landlord’s remedy when Tenant fails to pay rent and is not in possession

A

SIR

Surrender – treat it as surrendered and accept the termination

Ignore the abandonment – ignore and keep charging rent (minority of states allow)

Relet – landlord can re-let the premises on the wrongdoers behalf and hold the wrongdoer liable for any deficiency (majority requires trying to re-let)

26
Q

What is the effect of a condemnation on a leashold?

A

If the entire leashold is condemned the lease is terminated

if part of the leasehold is condemned or temporarily, the tenant is NOT discharged from rent obligation but is entitled to compensation from the condemnation award for the taking

27
Q

Key Landlord Duties

A

Quiet Enjoyment
Implied Warranty of Habitability

28
Q

Quiet Enjoyment Duty of a Landlord

A

The tenant has a right to quiet use and enjoyment of the premises without interference from the landlord or a paramount of the premises

29
Q

Breaches of the Covenant of Quiet Enjoyment

A

Wrongful eviction (actual or partial)
constructive eviction

30
Q

Wrongful Actual eviction and remedy

A

The exclusion from the entire premises and the tenant has no duty to pay rent

31
Q

Wrongful Partial eviction and remedy

A

No obligation to pay rent for the entire premises, even if they are in possession of the remainder

32
Q

Constructive Eviction Elements

A

SING

Substantial Interference
Notice to the landlord
Goodbye – quit premises

33
Q

Remedy for Constructive Eviction

A

Terminate the lease and seek damages

34
Q

Implied Warranty of Habitability

A

Applies to residential leases

Unwaivable guarantee that the residential premises will be fit for human habitation. Includes power, water, heat, etc.

35
Q

Tenant’s Rights when Habitability is Breached

A

M 3Rs

Move out and terminate
Repair and charge the landlord
Reduce rent
Remain in possession, pay rent, and seek money damages

36
Q

Fair Housing Act Restrictions

A

No discrimination against tenants and potential tenants on basis of race, color, national origin, sex, disability or family status

Prohibits discriminatory advertisement

37
Q

Exceptions to Fair Housing Restrictions

A

May discriminate if you lease single homes and own less than 3 or a multi-unit building where the landlord lives and there are 4 or less units

NO EXCEPTION FROM THE ADVERTISING REQUIREMENT

38
Q

Assignments v. Subleases

A

Assignments – transfer the entire interest (a right to reenter is still the entire interest)

Sublease – transfer less than the entirety of the interest

39
Q

Which covenants with a deed run with the land?

A

Only the future covenants of quiet enjoyment and covenant of warranty can run. Present covenants do not run with the land.

40
Q

What are the present covenants in a general warranty deed?

A

Seisin
Right to convey
Against encumbrances

41
Q

When can present covenants be breached?

A

At the time of conveyance, not after.

42
Q

What are the two overall types of easement?

A

Gross and Appurtenant

43
Q

What is an easement appurtenant?

A

A special use benefits the holder of the easement in its physical use or enjoyment of another tract of land

1) two tracts of land (servient and dominant)
2) dominant benefits from use and enjoyment of the easement on servient

44
Q

Easement in Gross

A

Easement that is for the enjoyment of a piece of property unconnected to the use of another piece of property,

45
Q

BFP v. a possessor who has estoppel by deed

A

The party having right by estoppel by deed has a superior title to the grantor, but the BFP gets good title.

46
Q

What is required to be a bona fide purchaser?

A

Purchaser for value
without notice
(not actual, inquiry, or record)

47
Q

Can a deed be delivered to a third party with conditions attached of when to deliver it?

A

Yes, a grantor can deliver a deed to an escrowee with instruction to deliver upon certain conditions are met. When the conditions are met, the title automatically passes to the grantee and relates back to the delivery to the escrowee.

48
Q

Condemnation and Defeasible Interests

A

If a fee simple determinable has the revertor triggered by a condemnation, the revertor prevents the holder of the fee simple determinable from recovering because they have no compensable interest.

49
Q

When can a license become irrevocable?

A

When a substantial sum of money is spent in reliance on a license, it becomes irrevocable under the doctrine of estoppel.

50
Q

Easements v. Licenses

A
51
Q

What do life estate holders pay on encumbrances v. remaindermen?

A

Life estate holders only have to pay interest on an encumbrance to the extent of income or profits derived from the land

Remaindermen pay the principal to protect their interest

52
Q

Duties of a Life Tenant in regards to Permissive Waste

A

1) preserve land and structures in reasonable state of repair

2) pay ordinary taxes on land – this is limited to the extent of the total income or profits generated from the land since they took ownership. If there is no income or profits and the life tenant is in possession, the life tenant pays taxes up to the property’s fair market rental value.

3) pay interests on mortgage (not principal)

4) pay special assessments for public improvements of short duration (long duration is split)

53
Q

When can a life tenant engage in acts that will enhance the value of the property?

A

All future interest holders must consent

54
Q

When can a life tenant destroy or alter a building regardless of consent?

A

When the market value is not diminished and either

1) remainder of men don’t object OR
2) substantial and permanent change in neighborhood conditions deprive the property in its current from of reasonable usefulness or productivity

55
Q

Natural resources and Voluntary Waste by a life tenant

A

A life tenant or leasehold tenant may exploit natural resources without committing voluntary waste if
1) it is necessary to repair or maintain the land,
2) the land is suitable only for that use, or
3) it is expressly or impliedly permitted by the grantor

56
Q

Open Mines Doctrine

A

If mining or natural resources extraction was already done on the land before a life estate, the life tenant can continue it but not open new ones

57
Q

Effects of an Assignment

A

The assignee stands in the shoes of the OT in direct privity of estate with the landlord

OT and landlord have privity of contract

Landlord can sue assignee and OT for unpaid rent

Assignee/Landlord can bring all covenants that run with the land to bear

58
Q

When does a covenant run with the land?

A

When it touches and concerns the land – benefits the landlord nad burdens tenant in respect to interests in the land

examples: rent, waste, habitability, quiet enjoyment

59
Q

Effect of Sublease

A

The sublessee is the tenant of the OT and pays rent to the OT.

Sublesee is not liable to landlord for rent unless they expressly assume the covenants

Sublessee cant enforce any covenants except habitability

60
Q
A

MBE Rules (7 decks)

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