Property-II-Land Interest-Other

Question 1

JT(S) Requirements

Answer 1

TTIP - 4 Unities

Time, Title, Interest, Possession

JT must take identical interests at same time by same instrument w/ same right to possession

Question 2

JT Right of Survivorship

Answer 2

Upon death of joint tenant, his property interest automatically goes to surviving JTs in equal share

Question 3

Severance by JT: Effect

Answer 3

Severance by JT creates TIC for severed interest. Transferee become TIC.

Others still own interest as JTs (if 2 + JTs remain)

Question 4

How to Sever JT

Answer 4

Sale transfer/partition action (to make TIC)
Mortgage taken on JT under title theory jx (no severance under lien theory-majority view)

Not by will (JTs are not free to devise).

Question 5

TIC: 1 Requirement

Answer 5

Unity of possession required. Each TIC is entitled to possess and control the whole property

Question 6

TIC: Presumed form of co-tenancy unless…

Answer 6

Grantor had clear intent/language for rt of survivorship. No such rt for TIC.

Question 7

Ownership interests: JT v TIC

Answer 7

JT: Undivided
TIC: Static and not necessarily equal

Question 8

TIC: Right to partition

Answer 8

Any TIC has a right to judicial partition of the property (e.g. if they’re having a disagreement)
TIC may be terminated by partition
TIC is Devisable, descendible, alienable

Question 9

Tenancy by the entirety (4 unities + 5th unity of marriage)

Answer 9

Only between legally married parties at time of grant.

Conveyance needs both spouses (ineffective if by one spouse).

Question 10

Tenancy by the entirety - Severance

Answer 10

Severed by death, divorce, mutual agreement.

Question 11

Co-tenant right to possess

Answer 11

Co-tenant right to possess the whole property. If ousted from any portion, can sue for $ and/or ejectment.

Question 12

Co-tenant: right to partition

Answer 12

Right to demand (bring action) to physically divided if feasible, or seek to sell and divide proceeds

Question 13

Co-tenant: profits

Answer 13

Entitled to 3p rent and profit from land proportionally. Profits belogn to CT if brought by own efforts

Question 14

Co-tenant: contribution for preservation

Answer 14

Entitled to taxes, mortgages, necessary repairs shared proportionally

Question 15

Co-tenant: contribution for preservation: extraordinary repairs

Answer 15

No duty w/o agreement but can offset with any rent collected and split rest of rent

Question 16

Co-tenant: contribution for preservation: improvement

Answer 16

No duty w/o agreement but difference from increased price creates goes to improve CT

Question 17

Co-tenant: waste

Answer 17

Ct can bring an action for waste against CT

Question 18

Co-tenant: duty of fair dealing

Answer 18

If a CT gets title or lien in the property, other CTs may join and pay share or forfeit interest

Question 19

AP Elements - COAH - Actual and exclusive

Answer 19

Physically occupied portion not shared with the true owner or the public at large

If reasonable portion of parcel actually occupied, under color of title, may be deemed to possess entire parcel as if actually occupied

Question 20

AP Elements - COAH - Open and notorious

Answer 20

Plainly apparent occupation of land so as to put true owner on notice of use upon inspection

Question 21

AP Elements - COAH - Hostile

Answer 21

Contrary to true owner’s intent regardless of possessor’s intent.

Question 22

AP Elements - COAH - Continuity over statutory period

Answer 22

May be tolled if disability exists a time of entry until disability is removed

May tack periods of AP by privity. Requires intentional transfer.

Question 23

Rights of AP

Answer 23

Same as true owner (remainder, life estate etc.) at time of entry. Must quiet title to make marketable.

Question 24

Tenancy for years

Answer 24

For fixed period.
Terminates automatically
Created by express agreement (writing >1 yr)

Question 25

Periodic tenancy

Answer 25

Created by express or implied agreement (LL leases at monthly rent) or operation of law (T stays after lease expires) For fixed pd. that self-renews until notice equal to length, up to 6 months

Question 26

Tenancy at will

Answer 26

No stated duration. Lasts until termination, death or transfer Created by express agreement

Question 27

Tenancy at sufferance

Answer 27

T occupies after lease expires Terminates when LL evicts or holds T to another term

Question 28

Defenses to tenant duty to pay rent

Answer 28

Failure to deliver actual poss. of premises (LL duty) Eviction LL accepts surrender of premises LL duty to mitigate damages Offsets for warranty of habitability (residential only) impossibility

Question 29

Actual breach of LL's implied covenant of quiet enjoyment & possession of premises

Answer 29

T physically excluded from entire premises by LL or holdover T > T may stop rent

Question 30

Constructive breach of LL's implied covenant of quiet enjoyment of premises

Answer 30

LL renders property uninhabitable + T vacates within reasonable time > T may stop rent

Question 31

Implied warranty of habitability.

Answer 31

Residential only. To make reasonably suitable for human dwelling. CL: N/A

Question 32

Upon LL breach, T self-help options

Answer 32

Terminate lease Abate rent to fair value Repair and offset future rent Seek damages

Question 33

Chattel - obligations of T

Answer 33

Personal property affixed to land so that considered part of the realty. T must remove his fixtures by end of lease term (or within reasonable time after indefinite tenancy). T must repair any damage from removal. T or AP has no right to take back what he didn't have right to affix

Question 34

Factors for objective intent to affix a chattel

Answer 34

Nature of item Manner of attachment Amount of damage to chattel or real estate Appropriateness w use of property Permanence of T's interest in real estate Would a purchaser or mortgagee (who has priority) expect the fixture to be part of the property?

Question 35

When T --> T1, what happens to privity of K and contractual obligation of T to LL?

Answer 35

T's privity of K and contractual obligation to LL remain, absent novation

Question 36

When T transfers entire remaining lease under assignment, what happens to privity?

Answer 36

T1 is in privity of estate with LL Covenants can be enforced against assignee (T1) T and LL remain in privity of K LL can sue T or T1

Question 37

What is required to show use variance?

Answer 37

Applicant must show (1) undue hardship but for the variance, (2) that the variance would not harm the community, (3) there is no fault in seeking the request (not a bad actor)