Real Property LAST PUSH Flashcards
Joint Tenancy - Four Unities
joint tenants must take their interests:
(1) at the same time
(2) by the same title
(3) identical equal interests and
(4) with rights to posses the whole
Joint Tenancy Severance
Sale and Partition
Joint Tenancy Severance and Sale
a joint tenant may sell or transfer their interest during their lifetime - voluntary conveyance destroys joint tenany
Joint Tenancy Severance and Partition
three types of partition
(1) by voluntary agreement
(2) by judicial action called partition in kind
(3) by judicial action called forced sale
Partition by Voluntary Agreement
an allowable and peaceful way to end the relationship
Partition in Kind
an action for a physical division of the property which is in the best interest of the parties
Forced Sale
an action when, in the best interest of all parties, the land is sold and the sale proceeds are divided up proportionally
Severance of Tenancy by the Entirety
(a) death
(b) divorce
(c) mutual agreement
(d) execution by a joint creditor of both the spouses can sever
Tenancy in Common Termination
may be terminated by partition
Periodic Tenancy by Implication
(a) the land is leased with no mention of duration, but provisions made for the payment of rent in intervals
(b) an oral term of years in violation of the S.O.F.
(c) if the landlord elects to holdover a residential tenant who has wrongfully stayed past the conclusion of the original lease
Tenant’s Primary Duties
(1) routine repair
(2) pay rent
(3) don’t commit waste
Tenant Breaches But is Out of Possession
(1) surrender - landlord can choose to treat the tenant’s abandonment as an implicit offer of surrender, which the landlord accepts, thereby ending the lease
(2) Ignore - ignore the abandonment and hold the tenant responsible for the unpaid rent until the natural end of the lease, just as if the tenant were there
(3) re-let the premises on the wrongdoer tenants behalf, and hold the wrong doer liable for the deficiency
Breach by Wrongful Eviction
(1) actual eviction
(2) partial eviction
(3) constructive eviction
Actual Eviction
occurs when the landlord, a paramount title holder, or a hold over tenant excludes the tenant from the entire leased premises
Partial Eviction
occurs when the tenant is physically excluded from only part of the lease premises
Constructive Eviction
when the landlord’s breach of duty renders the premises unsuitable for occupancy
When a Landlord is Liable for Breach of Other Tenants
(1) a landlord has a duty to abate a nuisance on site
(2) a landlord must control common area
Tenants Entitlement when Implied Warranty of Habitability is Breached
(1) move out and terminate the lease
(2) repair and deduct
(3) reduce rent or withhold until court determines fair rental value
(4) remain in possession, pay full rent, and affirmatively seek money damages
Five Exceptions to Caveat Lessee
(1) common areas
(2) latent defects
(3) assumption of repairs
(4) public use rule
(5) short term lease of furnished dwelling
Negative Easements are Generally Recognized in Four Categories
(1) Light
(2) Air
(3) Support
(4) Stream water from an artificial flow
Creating of Negative Easement
can only be created expressly by a writing signed by the grantor
Easement Appurtenant
when it benefits the holder in his physical use or enjoyment of his own land
two parcels involved:
(a) a dominant tenement
(b) servient tenement
Easement in Gross
if it confers upon its holder only some personal or pecuniary advantage that is not related to their use or enjoyment
common examples:
(1) right to place a billboard
(2) right to swim
(3) utility company’s right to lay power lines on anothers lot
Easement Appurtenant Transferability
passes automatically with transfers of the dominant tenement, regardless of whether it is even mentioned in the conveyance
