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F23 > Property I > Flashcards

Property I Flashcards

1
Q

Adverse possession (elements)

A
  1. Statutory period
  2. Actual possession
  3. Exclusive possession
  4. Adverse possession
  5. Open and notorious possession
  6. Claim of right
  7. Continuous possession
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2
Q

Statutory period

A

i. Tacking
1. Successive statutory periods can be tacked
2. Requires privity

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3
Q

Actual possession

A

i. Physically use land as reasonable owner would given character, location, and nature of the land
1. Color of title
a. Defective document that transfers title

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4
Q

Exclusive possession

A

i. Owner or public do not share possession

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5
Q

Adverse possession

A

i. Without consent from owner

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6
Q

Open and notorious possession

A

i. Visible and obvious such that reasonable owner would notice upon inspection of the land

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7
Q

Claim of right

A

i. Good faith
1. Mistaken possession
ii. Bad faith
1. Knowing trespass
iii. Objective
1. State of mind is irrelevant

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8
Q

Continuous possession

A

i. Continuously used as reasonable owner would given character, location, and nature of the land

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9
Q

Capture

A

a. Foxes (Post)
i. Uninterrupted pursuit
ii. Mortal wound
b. Fish (Shaw)
i. Pursuit
ii. Power and control that shows no intent to abandon
iii. Absolute certainty against possibility of escape not required
c. Whales (Ghen)
i. Kill with bomb-lance
ii. Capture

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10
Q

Gifts

A

a. Types of gifts
i. Testamentary gifts
ii. Inter vivos gifts

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11
Q

Inter vivos gifts

A

b. Donative intent
i. Must intent to make:
1. Irrevocable
2. Present transfer
3. Of ownership
c. Delivery
i. Manual
1. Physical transfer
ii. Constructive
1. Physical transfer item that gives access to gift (i.e., key)
iii. Symbolic
1. Physical transfer item that symbolizes the gifted item
2. Letters in Gruen
d. Acceptance
i. Acceptance is presumed if value added for donee

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12
Q

Present possessory estates

A

a. Fee simple absolute
i. “to X and his heirs”
b. Life estate
i. “to Y for life”
c. Term of years
i. “to Z for A years”

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13
Q

Defeasible estates

A

a. Fee simple determinable (FSD)
i. Durational
1. “as long as”
2. “while”
3. “until”
4. “during”
b. Fee simple subject to condition subsequent (FSSCS)
i. Conditional
1. “provided that”
2. “but if”
3. “on condition that”
c. Fee simple subject to executory limitation (FSSEL)
i. Executory
1. If future interest held by transferee, then executory
2. If future interest held by transferor, then FSD or FSSCS

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14
Q

Waste

A

a. Affirmative
i. Voluntary act reduces value of property
b. Permissive
i. Inaction reduces value of property
c. Ameliorative
i. Affirmative act increases value of property

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15
Q

Open mines doctrine

A

d. Open mines doctrine
i. Permits life tenant to commit voluntary waste on land by depleting it of natural resources
1. Only if mining was previously done on the land and
2. Mines were open at the time the life tenant took possession

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16
Q

Restraints on alienation (absolute)

A

a. Absolute
i. Unreasonable

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17
Q

Future interests of transferors

A

i. Reversion
1. When transferor gives less than he has
ii. Possibility of reverter
1. Follows FSD
iii. Right to entry
1. Follows FSSCS

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18
Q

Future interests of transferees

A

i. Remainder
1. Vested
a. Vested remainder
i. Ascertainable person
ii. No condition precedent
b. Vested remainder subject to divestment
i. Ascertainable person
ii. No condition precedent
iii. Condition subsequent
c. Vested remainder subject to open
i. Ascertainable person
ii. No condition precedent
iii. Class could grown
2. Contingent
a. Either
i. No ascertainable person
ii. Condition precedent
ii. Executory interest
1. Springing
a. From transferor
2. Shifting
a. From transferee

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19
Q

Rule Against Perpetuities

A

a. Language of rule
i. No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest
b. Analytical framework
i. Identify present and future interests
ii. Does RAP apply?
1. RAP applies to:
a. Contingent remainder
b. Executory interest
c. Vested remainder subject to open
iii. List lives in being
iv. “Give birth” to afterborn children
v. “Kill” all lives in being and establish RAP line (+21 years)
vi. Possibility that interest will vest beyond RAP line?
1. If possible, then strike interest and reclassify
2. If not possible, then interest is valid
c. Classic problems
i. Fertile octogenarian
ii. Unborn widow
iii. Slothful executor

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20
Q

Tenancy in common

A

a. Tenancy in common
i. Each cotenant has an undivided right to use and possess the whole property and a fractional interest in the property
1. Default

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21
Q

Joint tenancy with right of survivorship

A

b. Joint tenancy with right of survivorship
i. Each cotenant has an undivided right to use and possess the whole property
ii. Each joint tenant has a right of survivorship, which means when a joint tenant dies interest passes automatically to the other joint tenants
iii. Requires express intent to create joint tenancy (writing)
1. “Jointly and severally” not enough (Taylor)
iv. Four unities
1. Time
a. Same time
2. Title
a. Same instrument
3. Interest
a. Shares equal in size and duration
4. Possession
a. Equal right to possess, use, and enjoy whole property
v. If joint tenant leases interest, lease ends at:
1. End of lease term or
2. Death of lessor
vi. Severance
1. Transfer during lifetime severs joint tenancy

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22
Q

Tenancy by entirety

A

i. Only ended by death, divorce, or agreement
ii. Requires:
1. Express intent
2. Four unities
3. Valid marriage
iii. Rights:
1. Use and possess whole property
2. Right of survivorship

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23
Q

Mortgages and leases (tenancy in common)

A

i. Tenant in common can (without ending tenancy in common)
1. Lease interest
2. Mortgage interest

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24
Q

Mortgages and leases (joint tenancy)

A

i. Joint tenant can (without ending joint tenancy)
1. Lease interest (Tenhet)
2. Mortgage interest
a. Majority rule
i. In “lien theory” jurisdiction, mortgage does not sever a joint tenancy
b. Minority rule
i. In “title theory” jurisdiction, mortgage severs joint tenancy
1. Apply both
c. Death
i. If joint tenant mortgages their interest and dies before paying back the loan, mortgage disappears

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25
Q

Mortgages and leases (tenancy by entirety)

A

i. Lease
1. Requires consent of both parties
ii. Mortgage
1. Tenant cannot mortgage individual share
2. Creditors of one spouse cannot place lies on tenancy by entirety property unless debt is shared

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26
Q

Partition

A

a. Partition in kind
i. Divides up land into shares for each tenant in common
b. Partition by sale
i. Divides up proceeds from sale among tenants in common
c. Rule
i. Presume partition in kind
ii. Court will order a partition by sale if:
1. Property cannot be conveniently partitioned in kind and
2. It is in best interests of the parties
a. “Best interest”
i. Majority rule
1. Best interest maximizes economic value
ii. Minority rule
1. Best interest takes into account multi-factor approach not limited to economic factors (Ark Land Co.)
a. Consider both in essay
b. Use majority in multiple choice

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27
Q

Ouster

A

a. Ouster
i. Cotenant in possession
ii. Refusal or attempted refusal to use entire property
iii. Often raises adverse possession issue
1. When A ousts B, A is in adverse possession of property

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28
Q

Accounting action

A

When a cotenant seeks to obtain their share of rents or profits generated by the property

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29
Q

Contribution action

A

When a cotenant seeks reimbursement for expenses they paid for the operation or maintenance of the property

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30
Q

Duty to pay rent for exclusive possession

A

a. Majority
i. No duty to pay rent to other cotenant(s)
ii. Unless cotenant was ousted
b. Minority
i. No duty to pay rent to other cotenant(s)
ii. Unless cotenant was ousted
iii. Non-ousted cotenant entitled to credit for rental value of exclusive occupancy (Esteves)

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31
Q

Duty to share rent paid by third party

A

a. In possession
i. Non-leasing cotenant(s) in possession are not entitled to share in rent paid by third parties
b. Out of possession
i. Non-leasing cotenant(s) out of possession are entitled to share in rents paid by third parties

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32
Q

Duty to share profits from resources

A

a. Cotenant(s) entitled to proportionate share of all profits derived from the land

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33
Q

Duty to contribute to operation, maintenance, and repairs

A

a. Duty to pay proportionate share of expenses (Esteves)

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34
Q

Duty to contribute to costs of improvements

A

a. No duty to contribute to costs of improvements

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35
Q

Term of years

A

i. Duration
1. Fixed period of time
ii. Creation
1. Express
iii. Termination
1. Ends when agreed period ends
iv. Notice
1. No notice required (automatically ends at end of term)
v. Statute of frauds
1. Applies to length of initial period
2. More than a year needs to be in writing

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36
Q

Periodic tenancy

A

i. Duration
1. Initial fixed period
2. Automatically continues
ii. Creation
1. Express
2. Implied
iii. Termination
1. Either party may terminate
iv. Notice
1. Advance notice of termination
a. Initial period
i. One year or more
b. Notice period
i. 6 months
c. Initial period
i. Less than a year
d. Notice period
i. Equal to length of period
v. Statute of frauds
1. Applies to length of initial period
2. More than a year needs to be in writing

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37
Q

Tenancy at will

A

i. Duration
1. No fixed duration
2. Continues so long as both parties agree
ii. Creation
1. Express or implied
a. Implied
i. When tenancy doesn’t fit other categories
ii. When person informally letting them be there
iii. When lease is subject to but fails statute of frauds
iv. When tenant is on property before lease fully negotiated
iii. Termination
1. Either party may terminate
iv. Notice
1. Notice required
2. Reasonable time to leave premises

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38
Q

Tenancy at sufferance

A

i. Duration
1. Until eviction or renewal
ii. Creation
1. After lease term ends
2. Holdover tenant wrongfully stays in possession
iii. Termination
1. Landlord can:
a. Evict tenant
b. Renew tenancy
i. Same duration as original
iv. Notice
1. No notice require

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39
Q

Liability for personal injury

A

i. Landlord has no duty to make premises safe unless:
1. Concealed latent defects
2. Common area defects
3. Negligent repairs
4. Breach of agreement to repair
5. Defects in premises leased for public use

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40
Q

Duty to deliver possession

A

i. Landlord is obligated to deliver the legal right of possession to the tenant when the lease term begins
1. Majority
a. Landlord must deliver actual possession of the premises to tenant when least term begins, in addition to legal right to possession
2. Minority
a. Landlord only obligated to deliver the legal right to possession to tenant when the lase term begins, unless lease provides otherwise

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41
Q

Implied covenant of quiet enjoyment

A

i. Landlord will not wrongfully interfere with tenant’s possession of the property
1. Breached through:
a. Constructive eviction
i. Wrongful conduct
1. Acts (e.g., blocking access, nuisance, harassing tenant’s customers, etc.) or
2. Omissions (e.g., landlord breaches statutory duty, fails to repair under lease or CL exceptions, allows nuisance)
ii. By the landlord
1. Exception
a. By third party if landlord has control over third-party conduct
iii. That substantially interferes with the tenant’s beneficial use and enjoyment of the leased property
2. Applies to:
a. Residential leases
b. Commercial leases
3. Procedure
a. Notify the landlord about the problem
b. Provide landlord with reasonable time to fix the problem
c. Vacate the premises if the problem is not fixed (Paolucci)

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42
Q

Implied warranty of habitability

A

i. Requires:
1. Landlord to maintain “bare living requirements” and that ensure that premises are fit for human occupation
a. Landlord is not required to maintain “perfect conditions at all time”
b. Landlord must have reasonable time to fix defects
2. Substantial compliance with building and housing codes provides evidence of habitable premises (Jobe)
3. But showing a code violation is not requires to show breach by landlord
ii. Applies to:
1. Residential leases
iii. Procedure
1. Notify the landlord about the problem
2. Provide landlord with reasonable time to fix the problem
3. Tenant is not required to vacate the premises

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43
Q

Remedies and damages for implied warranty of habitability

A
  1. Remedies available to tenant
    a. Four options:
    i. Move out and sue for damages
    ii. Repair and deduct the cost of repairs
    iii. Remained and withhold rent (forces landlord to fix problem)
    iv. Remain and continue paying rent (later sue for damages)
  2. Damages available to tenant
    a. Fair rental value as warranted minus the fair rental value unrepaired
    b. Rent (according to lease) minus the fair rental value unrepaired
    c. “Percentage diminution” based on degree of reduction of tenant’s use and enjoyment of premises reduced by uninhabitable conditions and time
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44
Q

Transferring tenant’s interest

A

i. Generally
1. Tenant entitled to transfer interest to third parties
2. Unless lease requires landlord’s consent
ii. Consent
1. If consent required, either:
a. Landlord has sole discretion (majority)
b. Landlord may refuse consent for a commercially reasonable objection (minority)
c. No standard specified
i. Consider
1. Both majority and minority

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45
Q

Assignment

A
  1. Tenant transfers entire interest to third party
    a. Lessee and lessor
    i. Privity of contract
    b. Lessee and assignor
    i. Privity of contract
    c. Lessor and assignee
    i. Privity of estate
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46
Q

Sublease

A
  1. Tenant transfers part of interest in lease premises to a third party
    a. Lessee and lessor
    i. Privity of contract
    ii. Privity of estate
    b. Lessee and sublessee
    i. Privity of contract
    ii. Privity of estate
    c. Lessor and sublessee
    i. Neither
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47
Q

Privity

A
  1. Transfer of land via purchase, inheritance, or reasonable connection (deed or will)
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48
Q

Tacking

A
  1. Successive statutory periods can be tacked
  2. Requires privity
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49
Q

Good faith (claim of right)

A
  1. Mistaken possession
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50
Q

Bad faith (claim of right)

A
  1. Knowing trespass
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51
Q

Objective (claim of right)

A
  1. State of mind is irrelevant
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52
Q

Donative intent

A

i. Must intent to make:
1. Irrevocable
2. Present transfer
3. Of ownership

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53
Q

Delivery (gifts)

A

(1) “[T]here must be a delivery of the gift, either by a physical delivery of the subject of the gift or a constructive or symbolic delivery such as by an instrument of gift, sufficient to divest the donor of dominion and control over the property.”
(2) What is sufficient to constitute delivery “must be tailored to suit the circumstances of the case.”

54
Q

Acceptance (gifts)

A

i. Acceptance is presumed if value added for donee

55
Q

Restraints on alienation (partial)

A

i. Subject to three-part test:
1. Duration
a. Shorter duration more reasonable
2. Scope
a. Measured by impact on marketability
3. Purpose
a. Charitable purpose more reasonable
c. Striking and reclassifying interests
i. If a conveyance contains an unreasonable restraint on alienation:
1. Strike invalid restraint
2. Reclassify present and future interests

56
Q

Reversion

A
  1. When transferor gives less than he has
57
Q

Possibility of reverter

A
  1. Follows FSD
58
Q

Right to entry

A
  1. Follows FSSCS
59
Q

Vested remainder

A

i. Ascertainable person
ii. No condition precedent

60
Q

Vested remainder subject to divestment

A

i. Ascertainable person
ii. No condition precedent
iii. Condition subsequent

61
Q

Vested remainder subject to open

A

i. Ascertainable person
ii. No condition precedent
iii. Class could grown

62
Q

Contingent remainder

A

a. Either
i. No ascertainable person
ii. Condition precedent

63
Q

Springing executory interest

A

a. From transferor

64
Q

Shifting executory interest

A

a. From transferee

65
Q

Rule Against Perpetuities (language of rule)

A

i. No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest

66
Q

Rule Against Perpetuities (analytical framework)

A

i. Identify present and future interests
ii. Does RAP apply?
1. RAP applies to:
a. Contingent remainder
b. Executory interest
c. Vested remainder subject to open
iii. List lives in being
iv. “Give birth” to afterborn children
v. “Kill” all lives in being and establish RAP line (+21 years)
vi. Possibility that interest will vest beyond RAP line?
1. If possible, then strike interest and reclassify
2. If not possible, then interest is valid

67
Q

Rule Against Perpetuities (classic problems)

A

i. Fertile octogenarian
ii. Unborn widow
iii. Slothful executor

68
Q

Death (mortgage interest)

A

i. If joint tenant mortgages their interest and dies before paying back the loan, mortgage disappears

69
Q

Partition in kind

A

i. Divides up land into shares for each tenant in common

70
Q

Partition in sale

A

i. Divides up proceeds from sale among tenants in common

71
Q

Implied tenancy at will (factors)

A

i. When tenancy doesn’t fit other categories
ii. When person informally letting them be there
iii. When lease is subject to but fails statute of frauds
iv. When tenant is on property before lease fully negotiated

72
Q

Constructive eviction

A

i. Wrongful conduct
1. Acts (e.g., blocking access, nuisance, harassing tenant’s customers, etc.) or
2. Omissions (e.g., landlord breaches statutory duty, fails to repair under lease or CL exceptions, allows nuisance)
ii. By the landlord
1. Exception
a. By third party if landlord has control over third-party conduct
iii. That substantially interferes with the tenant’s beneficial use and enjoyment of the leased property

73
Q

Constructive eviction (procedure)

A

a. Notify the landlord about the problem
b. Provide landlord with reasonable time to fix the problem
c. Vacate the premises if the problem is not fixed (Paolucci)

74
Q

Implied warranty of habitability (procedure)

A
  1. Notify the landlord about the problem
  2. Provide landlord with reasonable time to fix the problem
  3. Tenant is not required to vacate the premises
75
Q

Transferring tenant’s interest (consent)

A

ii. Consent
1. If consent required, either:
a. Landlord has sole discretion (majority)
b. Landlord may refuse consent for a commercially reasonable objection (minority)
c. No standard specified
i. Consider
1. Both majority and minority

76
Q

Property

A

Property is the legally recognized relationship between people with regard to things

77
Q

Legal positivism

A

What is legally recognized as “property” is (1) a human invention and (2) exists only in so far as the government recognize a thing as property

78
Q

Bundle of rights

A
  • Right to transfer (alienability)
  • Right to exclude
  • Right to use
  • Right to destroy
79
Q

Adverse possession

A

Adverse possession is a doctrine under which a person in possession of land that is owned by someone else may acquire title to the land if certain requirements are met. If the requirements of adverse possession is satisfied, the former owner loses title and the adverse possessor gains title.

80
Q

Howard v. Kunto (adverse possession)

A

Two issues:
1. Continuous possession; summer occupancy
2. Statutory period; tacking

81
Q

Pierson v. Post (foxes)

A

(1) Uninterrupted pursuit
(2) Mortal wound

82
Q

State v. Shaw (fish)

A

(1) Pursuit
(2) Power and control that shows no intent to abandon
(3) Not required: Absolute security against the possibility of escape

83
Q

Ghen v. Rich (whales)

A

(1) Kill whale with bomb-lance
(2) Capture
(3) Rule based on custom of whalers in Provincetown, Massachusetts

84
Q

Gruen v. Gruen (gifts)

A

Father transferred “some value” of painting in the letter to his son in form of remainder (via letters).

85
Q

Alienable

A

Transfer or sale

86
Q

Devisable

A

Will

87
Q

Descendible

A

Intestate succession

88
Q

Words of purchase

A

Words that identify who is purchasing (or receiving) the property (e.g., “to A”)

89
Q

Words limitation

A

Words that identify the kind of property interest given (e.g., “and her heirs” = fee simple absolute)

90
Q

Title

A

(1) The union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself.
(2) Legal evidence of a person’s ownership rights in property; an instrument (such as a deed) that constitutes such evidence.

91
Q

Chain title

A

The ownership history of a piece of land, from its first owner to the present one.

92
Q

Marketable title

A

A title that a reasonable buyer would accept because it appears to lack any defect and to cover the entire property that the seller has purported to sell–aka “good title.”
If marketable title no good, buyer does not have to go through with the sale.

93
Q

Fee simple

A
  1. Alienable
  2. Devisable
  3. Descendible

Ambiguity is resolved in favor of a fee simple

94
Q

Fee simple determinable (FSD)

A
  1. Alienable
  2. Devisable
  3. Descendible

Not subject to waste

95
Q

Fee simple subject to a condition subsequent (FSSCS)

A
  1. Alienable
  2. Devisable
  3. Descendible

When ambiguity exists, preferred over a FSD; not subject to waste

96
Q

Fee simple subject to executory limitation (FSSEL)

A

Alienable
Devisable
Descendible

Future interest in a third party follows the estate; not subject to waste

97
Q

Life estate (LE)

A
  1. Alienable
  2. Not devisable
  3. Not descendible

Subject to waste; when conveyed to another becomes LE pur autre vie

98
Q

Life estate pur autre vie

A

When life estate is conveyed to another (“for the life of another”)

99
Q

Term of years

A
  1. Alienable
  2. Devisable
  3. Descendible

Subject to waste

100
Q

Woodrich v. Wood (waste)

A

Demolition of the barn would increase the value of the land.

101
Q

Defeasible estate

A

A defeasible estate is present possessory estate that may end upon the occurrence of some future event.

102
Q

Restraint on alienation

A

A restraint on alienation is a limitation on the transfer or sale of property right

103
Q

Future interest

A

A future interest is a present, nonpossessory property right that may become possessory in the future.

104
Q

Remainder

A

A remainder is a future interest in transferee that both:
(1) is capable of becoming possessory immediately upon the expiration of the prior estate; and
(2) does not divest (cut short) any interest in a prior transferee [“it waits patiently”].

105
Q

Executory interest

A

An executory interest is a future interest that either:
(1) is incapable of becoming possessory immediately upon the expiration of the preceding estate; or
(2) it divests (cuts short) the preceding estate upon the occurrence or nonoccurrence of a condition [“it is pushy”].

106
Q

Condition precedent

A

Must be met before remainder possessory

107
Q

Condition subsequent

A

If it occurs, will bring something to an end

108
Q

Ascertainable person

A

Person who is alive and identifiable at time of transfer

109
Q

Future interests in transferees (analytical framework)

A
  1. Is the future interest a remainder?
    a. Remainder: (1) Capable of becoming possessory immediately upon the expiration of the prior estate AND (2) it does not divest (cut short) any interest in a prior transferee [“it waits patiently”]
    b. If not a remainder, then it is an executory interest (see definition)
  2. If it is a remainder, is it a vested remainder or contingent remainder?
    a. Vested: (1) Given to at least one ascertainable person AND (2) not subject to a condition precedent
    b. If not vested, then it is a contingent remainder (see definition)
  3. If it is a vested remainder, what type is it?
    a. Vested remainder subject to divestment: is subject to a condition subsequent (can be divested by later event)
    b. Vested remainder subject to open: is given to one or more members of a class that could grow
    c. Or is an indefeasibly vested remainder (neither of the above)
110
Q

Fertile octogenarian (RAP)

A

Even if O is 80 years old, the law presumes O is still capable of having children.

111
Q

Unborn widow (RAP)

A

Considers a spouse who is not yet born at the time of the conveyance.

112
Q

Slothful executor (RAP)

A

Considers the possibility that probate might take more than 21 years.

113
Q

Concurrent ownership

A

Concurrent ownership is when two or more people own real property at the same time. Each co-owner or cotenant has the right to use the entire property.

114
Q

James v. Taylor (concurrent ownership)

A

Phrasing “jointly and severally” was insufficient to establish a joint tenancy. To create a joint tenancy with right of survivorship, the grant must contain explicitly language indicating so.

115
Q

Severance

A

Severance ends or “severs” a joint tenancy without the consent of the other cotenants.

116
Q

Tenhet v. Boswell (severance)

A

Cotenant may lease interest without informing other tenants or breaking joint tenancy as long as four unities are not violated.

117
Q

Ark Land Co. v. Harper (partition)

A

In an action for partition by sale, the court considered the length of time the Caudill family owned the property, as well as the family’s emotional connection to the land. It held that the economic benefit of the sale did not outweigh these additional costs.

118
Q

Esteves v. Esteves (cotenants rights and duties)

A

The court held that credit for the reasonable value of the occupancy enjoyed by the parents over the approximately eighteen years while they, and not their son, occupied the property offset defendant’s obligation to contribute one-half of the $61,892 expended by his parents respecting the house they all owned.

119
Q

Valid lease (issues)

A
  • Type of lease
  • Statute of frauds
120
Q

Landlord’s duty to deliver premises (issues)

A
  • Majority “English rule”
  • Minority “American rule”
121
Q

Landlord-tenant and remedies during tenancy (issues)

A
  • Landlord’s liability for personal tenancy
  • IWQE breached by: (1) actual (and partial) eviction and (2) constructive eviction
  • Implied warranty of habitability
122
Q

Types of leases

A

(1) Term of years
(2) Periodic tenancy
(3) Tenancy at will

123
Q

Concealed latent defects

A

L knew about rotten roof beam, causing roof to collapse and T’s injury

124
Q

Common area defects

A

L neglected to repair a broken railing, causing T to fall off the stairs

125
Q

Negligent repairs

A

L carelessly repaired T’s leaky roof, causing T to slip on slippery floor

126
Q

Breach of agreement to repair

A

L promised to fix a kitchen door, but doesn’t, and it falls off the hinges, injuring T

127
Q

Defects in premises leased for public use

A

L leased building for public theater, fails to inspect roof, causing a patron to slip

128
Q

JMB Properties v. Paolucci (constructive eviction)

A

The tenant bears the burden of proving that he did abandon the premises within a reasonable time after the untenantable condition occurred. If the tenant fails to vacate within a reasonable time, the tenant is considered to have waived the landlord’s breach of covenant. The court held that the defendant waived claim to constructive eviction because failed to vacate premises in reasonable time.

129
Q

Wade v. Jobe (implied warranty of habitability)

A

Premises was in violation of city codes; substantial hazard to health and safety of occupants (raw sewage and stagnant water). Landlord received reasonable notice but only provided temporary solutions.

130
Q

Color of title

A

Color of title is when the claimant has a claim to land based on a defective document that purports to transfer title, like a deed or will. In these cases, the claimant is deemed to have “constructive possession” of the entire parcel of the land described in the faulty instrument, even if they only actually possessed part of it.

F23 (4 decks)

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