Real Property Flashcards
Constructive Eviction
A constructive breach occurs where the landlord fails to provide some service that the landlord is obligated to provide and that failure makes the property uninhabitable.
Three requirements:
1) It must be the landlord’s failure to provide some service, not some third party’s failure
2) there must be a substantial interference with the tenant’s quiet enjoyment of property
3) Tenant must abandon within a reasonable time.
Estates in Land: Present Possessory Estates
A present possessory estate is an interest that gives the holder the right to present possession.
Estates in Land: Present Possessory Estates- Fee Simple Absolute
a fee simple absolue is the largest estate recognized by law. It can be sold, divided, devised or inherited and has an indefinite or potentially infinite duration. (Today a fee simple is presumed in the absence of express contrary intent).
Estates in Land: Present Possessory Estates- Defeasible Fees
Fee simple estates that can be terminated upon the happening of a stated event.
Fee Simple Determinable
Terminates upon the happening of a stated even and automatically reverts to the grantor. It is created by a durational language, such as “for so long as,” “while,” “during,” or “until.” A fee simple determinable can be conveyed but the grantee takes subject to the estate’s being terminated by a specified event.
The Doctrine of Reciprocal Negative Servitudes
When a developer subdivides land into several parcels and some of the deeds contain negative covenants, but some do not, negative covenants or equitable servitudes, binding all of the parcels in the subdivision, may be implied under the doctrine of reciprocal negative servitudes if there is (i) a common scheme for development, and (ii) notice (actual, constructive, or inquiry) of the covenants.
The Three Interests in Land
- Estate
- Easement
- Restrictive Covenant
