Real Property

Question 1

joint tenancy

Answer 1

two or more tenants with the right of survivorship
MUST have the four unities: TTIP
Time - must have been formed at the same time
Title - by the same title/document
Identical - interests must be equal and identical
Possess - must have rights to possess the whole

“right of survivorship” must be CLEAR and expressly invoked

Question 2

tenancy by the entirety.

Answer 2

can only be created between spouses - has the right of survivorship

Question 3

tenancy in common

Answer 3

two or more tenants without the right of survivorship

Question 4

how do you sever a joint tenancy?

Answer 4

SAP - Sale And Partition

Severance and sale
Severance and partition

Question 5

what are the types of severance and partition?

Answer 5

1. by voluntary agreement)
2. by judicial partition (partition in kind)
3. by judicial action (forced sale)

Question 6

what is the lien theory?

Answer 6

in most states, a mortgage is a lien and does not sever a joint tenancy

Question 7

what is the title theory?

Answer 7

the executor of a mortgage with the lien will sever joint tenancy

Question 8

how to sever a tenancy by the entirety?

Answer 8

execution by a JOINT creditor of BOTH spouses, mutual agreement, divorce, death

Question 9

rents and profits from co-tenants and third parties?

Answer 9

from co-tenants: where a co-tenant is in exclusive possession, they don’t need to share profits with other co-tenants unless there is an ouster
from 3rd parties: must account to their co-tenants, providing them with their fair share of rental income

Question 10

what is voluntary waste?

Answer 10

willful destruction

Question 11

permissive waste

Answer 11

neglect

Question 12

ameliorative watse

Answer 12

unilateral change that increases the value of the property

Question 13

any restraint on a parties’ right to partition must be …

Answer 13

reasonable in kind and duration

Question 14

tenancy for years

Answer 14

tenancy for a fixed, determined period of time. as long as you know the END DATE. no notice needed to terminate

Question 15

periodic tenancy

Answer 15

a lease that continues for successive intervals (month to month, etc.), can be implied based on previous payments, notice is usually 1 month for termination

Question 16

tenancy at will

Answer 16

no fixed period of duration - it is terminable at the will of either party (as long as you want it)

Question 17

tenancy at sufferance

Answer 17

lasts only until the landlord either evicts the tenant or elects to hold the tenant to a new tenancy. created when a tenant wrongfully holds over

Question 18

tenant breaches but it out of possession

Answer 18

remember - SIR
Surrender - choose to treat as abandonment
Ignore the abandonment
Re-let the premises

Question 19

breach by constructive eviction

Answer 19

remember to SING
Substantial Interference
Notice
Goodbye!

Question 20

breach of implied warranty of habitability

Answer 20

MRRR
Move out and terminate the lease
Repair and deduct
Reduce rent
Remain in possession and affirmatively seek money damages

Question 21

Fair Housing Act

Answer 21

protects tenants from discrimination based on race, color, religion, national origin, sex, or disability, as well as familial status
does not apply to owner-occupied buildings with 4 or fewer units and single-family homes sold or rented by someone with no more than 3 other single-family homes. must make reasonable accommodations for disabled people.

Question 22

what are the landlord duty to keep the premises safe exceptions?

Answer 22

CLAPS
Common areas
Latent defects - must warn a tenant of hidden defects
Assumption of repairs - once repairs are undertaken, the LL must complete them with reasonable care. LL is liable.
Public use rule - a landlord who leases public space and should know, because of the nature of the defect and the length of the lease, a tenant will not repair - LL is liable for any defects on the premises that cause injury to members of the public
Short-term lease of a furnished dwelling - because tenant does not have the time or ability to repair

Question 23

how do you create an affirmative easement?

Answer 23

PING

Prescription (continuous, open and notorious, actual, and hostile for the statutory period) COAH
Implication (implied from prior use at the time the land is severed)
Necessity (division of tract deprives one lot of means of access)
Grant (writing signed by grantor)

Question 24

how do you create a negative easement

Answer 24

can only be created by express agreement from the grantor
LASS

Light
Air
Support (underground support)
Streamwater

Question 25

what is an easement appurtenant

Answer 25

an easement that benefits its holder in his physical use or enjoyment of his own land. 2 parcels MUST be involved. passes AUTOMATICALLY with transfers of the dominant tenement.

Question 26

what is an easement in gross?

Answer 26

an easement that confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment of the property. NOT TRANSFERABLE except for commercial purposes.