Real Property Flashcards
Tenant Duties to 3rd Parties
T liable for injuries sustained by 3rd party INVITEES, even if LL promised to repair!!
Constructive Eviction
SING
Substantial Interference (with right to use/enjoy)
Notice (T notifies LL, LL refuses to act)
Get out!
LL Options if T Breaches
SIR
Surrender (Treat as ending the lease)
Ignore (and hold T liable for rent)
Re-let to new T (hold breaching T liable for any deficiency)
LL Liability for Torts
CLAPS
Common areas
Latent defects
Assumption of repairs
Public use rule (defects if leasing public space)
Short term furnished lease (liable for any defects causing harm)
Implied W Habitability T’s Options
Treat as breach – Move Out!
Repair & deduct from rent
Sue
Termination of Easement
END CRAMP Estoppel (servient estate relies on termination) Necessity Destruction Condemnation of servient land Release (in writing) Abandonment (physical act needed; intent) Merger of the parcels Prescription
**Note: if merger terminates and the land is separated again later, NOT automatically revived
License
Freely revocable
Exception: estoppel (licensee invests substantial $ or labor in reliance)
Covenant to Run: Benefit
WITV Writing Intent Touch and concern vertical privity
Covenant to Run: Burden
WITHVN Writing Intent Touch and concern Horizontal privity Vertical privity Notice (actual, record, inquiry)
Equitable Servitude
WITNES Writing Intent Touch and concern Notice (actual, record, inquiry) = Equitable Servitude
Implied Equitable Servitude
General scheme by subdivider when sale began
Notice (actual, record, inquiry)
**Exception: changed condition within the community is so pervasive, affects entire area
SoF
Required for land UNLESS 2/3 met: 1. possession 2. payment (full/partial) 3. improvements
Time Not of Essence
Unless specified time not of essence
Clear title reasonable time after closing date is okay
Deed
Lawfully Executed Grantor present intent to transfer land Grantor signature Writing (SoF) Delivered
Present Warranties
Seisin
Encumberances
Convey
Present- one SEC
Future Covenants
Further assurances
Warranty
Quiet enjoyment
Future – FWQ
Shelter Rule
Someone who takes from a BFP is protected as if they were a BFP (even if they otherwise would NOT be)
Notice Statute
2nd Buyer wins if BFP
Mortgage Transfer
CAN transfer mortgage if the note is negotiable
Must be SIGNED and endorsed by Mortgagee
Transferee must give value for the note
Transferee is a “holder in due course”
Transferee takes subject to the mortgagee’s real defenses (but not personal defenses)
Transferee Defenses
Transferee takes subject to the mortgagee's real defenses: MADFIFI4 Material Alteration Duress Fraud In Fractum Incapacity Illegality Infancy Insolvency
Selling WITH the mortgage
Assumption of mortgage – debtor AND buyer are personally liable (buyer is primarily liable)
Subject to Mortgage – buyer NOT personally liable; only seller personally liable
Variance
- Undue hardship
- Variance will NOT decrease neighboring property value
Determined by admin action in front of zoning board
Non-Conforming Use
once lawful but NO longer b/c new ord
Exactions
Suspect – must be REASONABLY RELATED in (1) nature and (2) scope to the development
