Real Property Flashcards
What is the remedy for breach of a real covenant?
$$$
What is required for a burden (real covenant) to run with the land?
Writing, intent, touch/concern, H + V, NOTICE
What is required for a benefit (real covenant) to run?
Writing, intent, touch/concern, limited vertical privity
Easement analysis
- easement created by WIPE - writing, implication/necessity, prescription, estoppel
- benefits (a) land or (b) person?
- -> if land, appurtenant (automatically xfers).
- -> if person, gross (does not xfer) - termination by DAMPER - destruction, abandonment, merger, prescription, estoppel, release (SUBJECT TO SOF)
Implied warranty of habitability
Applies to every RESIDENTIAL lease.
If LL breaches, T may:
(1) leave and terminate
(2) withhold or reduce rent + notice to landlord
(3) fix it themselves and offset the cost against the rent
(4) defend against eviction
Implied covenant of quiet enjoyment
COMMERCIAL and RESIDENTIAL leases
Constructive eviction where:
(1) LL caused premises to be unsuitable for intended purposes,
(2) T notified LL,
(3) LL did not fix, AND
(4) T leaves
Easement by implication
(1) single tract is divided by owner and a piece is given to another party,
(2) prior to sale, owner used that piece as if there was an easement on it
(3) after sale, use must be continuous and apparent, AND
(4) the use must be reasonably necessary for the owner’s use and enjoyment
easement by necessity
(1) single tract is divided by owner and piece is conveyed to another AND
(2) necessity arose on division b/c one of the parcels is useless without it
prescriptive easement
(1) hostile
(2) open and notorious
(3) meet statutory period
NO EXCLUSIVITY REQUIREMENT!!!!!!!!!!!!!!!!!!!!
FSD rule statement
A fee simple determinable is limited by specific durational language (e.g., “so long as” “until”). It terminates automatically upon the happening of the stated condition. The grantor retains a possibility of reverter.
FSSCS rule statement
A fee simple subject to condition subsequent is limited in duration by specific conditional language (“provided that” “but if”). Upon occurrence of the stated condition, the present fee simple will terminate only if the grantor affirmatively demonstrates an intent to terminate. The grantor must explicitly retain the right to terminate the fee simple subject to condition subsequent in the conveyance.
If the terms of a conveyance are ambiguous between FSD and FSSCS, a court will default to _________.
FSSCS
Equal dignities rule
Under the “equal dignities” rule, when the act performed by an agent on behalf of the principal is required by law to be in writing, the agent’s authority must also be established in writing. Consequently, when an agent signs a deed, the agent’s authority must also generally be in writing.
Statutory right to redemption
Buyer can get house back after foreclosure. Pay foreclosure price to purchasing party
What happens to easements when you adversely possess property?
You take the property with the easements.
