REAL PROPERTY Flashcards
Must a tenant pay rent if partially evicted by a paramount title holder?
Partial eviction by a paramount title holder results in an apportionment of rent, i.e., it relieves the tenant of the obligation to pay rent NOT for the entire premises, but only for the portion of the premises from which he was evicted.
The tenant remains liable for the reasonable rental value of the portion that she continues to possess.
What is a surcharged easement?
Surcharged means the easement’s legal scope was exceeded.
The holder of an easement has the right to use another’s land but has no right to possess the land. The scope of an easement is determined by the reasonable intent of the original parties, and when the scope has been specified, these specifics will govern. However, when an easement’s scope has been set out only in general language, courts will interpret it to accommodate the holder’s present and future reasonable needs. In either event, if the easement holder uses the easement in a way that exceeds its legal scope, the easement is surcharged. The servient landowner may enjoin the excess use and possibly sue for damages if the land has been harmed. However, the easement does NOT terminate by operation of law, nor does such use give the servient owner a power of termination.
