Property Tricky Flashcards
When a residential tenant with a term of years lease-hold holds over and tenders rent, what kind of tenancy is presumptively created?
A month-to-month periodic tenancy.
When a commercial tenant with a term of years lease-hold holds over and tenders rent, what kind of tenancy is presumptively created?
A year-to-year periodic tenancy.
When is chattel annexed into real property?
The manifest intent of the annexor determines whether the chattel becomes a fixture. This is an objective standard that focuses on whether the cattle is uniquely adapted to the realty. The factors for evaluating the annexor’s intent are: (i) the nature of the article, (ii) the manner in which it is attached to the realty, (iii) the amount of damage that would be caused by its removal, and (iv) the adaptation of the item for use with the realty.
What is an accession?
Chattle that is integral to a fixture or real property, and therefore treated as a part of the fixture or real property (e.g. the organ’s bench, a balcony, a deck, an I-Beam).
What is a leasehold?
A leasehold is a nonfreehold estate in land. Nonfreehold estates in land (leaseholds) give possession of land for a limited time. The tenant has a present possessory interest in the leased premises, and the landlord has a future interest (reversion).
What terms and conditions apply to a newly formed lease with a hold over tenant?
The terms and conditions of the expired tenancy (e.g., rent, covenants, etc.) apply to the new tenancy.
If the government condemns __________ of the leased land, the tenant’s liability for rent __________, and the tenant __________ entitled to compensation for the taking.
If the government condemns all of the leased land, the tenant’s liability for rent is extinguished, and the tenant may be entitled to compensation for the taking. Because both the leasehold and the reversion merge in the condemnor, the lease is terminated. Thus, the tenant’s rent liability does NOT continue. If the government condemns part of the leased land, the tenant’s liability for rent is NOT extinguished.
When a tenant is partially evicted from land, what is the tenant’s rent obligation?
- Partial actual eviction by the landlord relieves the tenant of the obligation to pay rent for the entire premises. Every lease contains an implied covenant that neither the landlord nor someone with paramount title will interfere with the tenant’s quiet enjoyment and possession of the premises. This covenant is breached by the tenant’s total or partial actual eviction from the leased premises 2. Partial eviction by a paramount title holder results in an apportionment of rent; i.e., the tenant is liable for the reasonable rental value of the portion that he continues to possess.
If a lesee transfers her entire leasehold except for a right of reentry for breach of the lease terms, has the lesee created an assignment or sublease?
A complete transfer of the entire remaining lease term constitutes an assignment of the lease. If the tenant retains any part of the remaining lease term, other than a right of reentry for breach of the original lease terms, the transfer is a sublease.
When is a landlord liable for failure to repair or negligent repairs?
- He covenanted to repair 2. He undertook repairs 3. The repairs needed to be made in a common area 4. The tenant could not have discovered the dangerous features that needed repair through reasonable inspection and the landlord knew about them 5. The failure to repair injures a member of the public
When can a life tenant exploit natural resources on his property?
As a general rule, a life tenant may not consume or exploit natural resources on the property. There are exceptions: 1. Land can be exploited in reasonable amounts where necessary for repair and maintenance of the land 2. When the life tenant is expressly given the right to exploit such resources by grant 3. When prior to the grant, the land was used for the exploitation of natural resources, so this was most likely intended by the grantor 4. In many states, where the land is only suitable for exploitation.
Can the possibility of reverter be transferred?
Yes. In most states today, it can be transferred and devised. At common law, it cannot be transferred inter vivos or devised by will, but it does descend to heirs.
Can a right of reentry be transferred?
In most states today, it cannot be transferred inter vivos but it can be devised and they descend to heirs. At common law, it cannot be transferred inter vivos or devised by will, but it can be inherited.
What is a restraint on alienation?
A restriction on a property holder’s ability to sell that property.
How do courts treat restraints on alienation?
They are void as a matter of public interest.
What are the three types of restriction on alienation?
- Disabling restraints: any attempted transfer is ineffective 2. Forfeiture restraints: an attempted transfer results in forfeiture 3. Promissory restraints: an attempted transfer breaches a covenant.
What is a partial restriction?
A limitation on who the property can be transferred to or when.
Are partial restrictions void?
No. They can be upheld unless they are discriminatory.
What happens when the court voids a restraint on alienation?
The restraint is voided but the rest of the interest remains intact.
What happens to encumbrances created by life tenants?
They may not extend beyond the duration of the existence of the life tenancy. Once the life tenant dies, the encumbrance dies as well.
What can a life tenant not do to a property?
Commit waste.
What happens when A transfers his life estate to B?
- B takes a life estate per autra vie (measured by the life of the original life tenant). 2. B must also pay taxes on the property.
When can a life tenancy end before the life tenant dies?
When the life tenant commits waste.
When can a life tenant tare down an existing structure?
When changed conditions have rendered the property uninhabitable.
What happens to would-be class members that predecease the a testator?
They drop out of the class. They are forgotten.
What remedy will be imposed by the court when co-tenants who are tenants in common disagree on the use of land?
The court will partition the land and allow each tenant to use the land as he pleases, possibly by issuing an injunction.
If joint tenants both convey a part of their interest, what is the effect?
They still own the remaining percent as joint tenants because the conveyance is not unilateral. The taker owns a tenancy on common with he joint tenants.
Are landlords liable for latent defects?
Only if they knew or had reason to know of the defects. BUT, if you are dealing with (i) a short term lease of (ii) furnished premises, landlords are liable for latent defects they could have discovered through a reasonable search.
What happens when landlord accepts the formation of a new tenancy with a holdover tenant?
- The landlord can impose a periodic tenancy 2. (a) If it is a residential tenancy, than it is a month to month tenancy, (b) if it is a commercial lease, then the period is determined by the previous lease but it cannot exceed one year. 3. (a) If the tenant was notified of a rent increase prior to the lease expiring, the tenant pays the increased amount. (b) If the tenant was not notified, they pay what they have always paid.
How are easements usually created?
By writing. They must abide by the statute of frauds.
When does merger exterminate an easement?
When the dominant tenement and servant estate come under the same owner in the same form. E.g. A owns X and Y in fee simple. This eliminates all easements. A owns X in fee simple and Y as a life estate. The easement remains because the properties are not in the same form.
When is an easement abandoned?
- It is not used; and 2. The easement holder intends to abandon. This is shown by an affirmative act.
When does the statute of limitations period begin for adverse possession?
As soon as the land is used.
What is the difference between the requirements for prescriptive easements and adverse possession?
Adverse possession must be exclusive. Prescriptive easements need not be.
Redemption Chart:
