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youtube rule statements > rp > Flashcards

rp Flashcards

1
Q

Default estate created by a conveyance to two or more people

A

A tenancy in common is the default estate created by a conveyance of real property to two or more people

Grantor need not use any type of explicit language to create a TIC

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2
Q

What does each TIC have

A

Each TIC has
- seperate but undivided interest in the property
- right to possess and enjoy the entire property; and
- the right to transfer their interest in the property freely during their lifetime or at death (no ROS)

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3
Q

Joint tenancy

A

A joint tenancy is a conveyance of real property to two or more people that is distinguished by a right of survivorship, whereby the surviving JTs automatically take the deceased T’s property interest

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4
Q

Can JTs pass their interest through intestate succession?

A

Because of ROS, joint tenants cannot pass their property interest by will or intestate succession

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5
Q

When is a JT created by a conveyance to two or more people?

A

A joint tenancy is created by a conveyance of real property to two or more people if the grantor
- makes a clear expression of intent to create a JT; AND
- uses survivorship language (“as joint tenants with ROS”)

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6
Q

Four unities for a JT

A
  • Possession (each T must have equal right to posses and enjoy whole property)
  • Interest (each T must have equal share of same type of interest)
  • Time (JTs must receive interest at same time)
  • Title (JTs must receive property interest in the same instrument of title
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7
Q

Severance of JT

A

If any of the four unities are severed, then the joint tenancy is terminated and the cotenants hold the property as TICs

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8
Q

Lien theory JDX

A

In a lien theory JDX, the mortgage is treated as a lien and does not terminate the JT

majority

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9
Q

Title theory

A

In a title theory JDX, the mortgage will terminate the joint tenancy, and the tenants will then hold the property as TICs

minority

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10
Q

Operating expenses between tenants

A

Operating expenses are divided based on the ownership interests of each cotenant. Operating expenses consist of necessary charges (taxes, mortgage payments)

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11
Q

Rent payments between cotenants

A

Rent payments received from a third party’s possession of the property, minus operating expenses, are divided based on the ownership interests of each cotenant

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12
Q

Repair costs between cotenants

A

Repair costs (even if necessary) are NOT divided between co Ts (no right to reimbursement)

HOWEVER, the cotenant who pays for repairs can get credit for repairs in a partition action

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13
Q

Ouster

A

Each coT has the right to possess all of the property, regardless of ownership share.

outster occurs if a co T denies another access to the property

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14
Q

What happens if ouster occurs

A

If this occurs, the ousted tenant can
- get an injunction granting access to the property; and/or
- recover damages for value of the use while ousted

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15
Q

Partition action

A

A partition action is an equitable remedy that is available unilaterally to joint tenants and TICs

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16
Q

Two types of partition actions

A
  1. partition in kind
  2. partition by sale
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17
Q

Partition in kind

A

A partition in kind physically divides the property into distinct portions. Courts have a preference for physical divisions of property over forced sales

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18
Q

Partition by sale

A

A partition by sale involves selling the property and dividing the proceeds from the sale among each co T based on their ownership interests

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19
Q

When will a court order a partition by sale

A

When a partition in kind is
- not practicable; or
- not fair to all parties

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20
Q

Types of leaseholds

A

The relationship between a landlord and T can create four types of possessory estates
1. tenancy for years
2. periodic tenancy
3. tenancy at will
4. tenancy at sufferance

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21
Q

What is a lease

A

A lease governs the relationship between a tenant and a landlord and contains the covenants of the parties

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22
Q

Tenancy for years

A
  • A tenancy for years is an interest that lasts for a fixed and ascertainable amount of time
  • if longer than one year, must satisfy SOF
  • automatically terminates when term expires
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23
Q

Periodic tenancy

A

A periodic tenancy is a repetetive and ongoing interest that continues for a set period of time until it is terminated by proper notice from either party

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24
Q

proper notice for a periodic tenancy

A

proper notice requires the terminating party to give notice before the start of what will be the last term.

notice is effective on the last day of the term

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25
Q

Tenancy at will

A
  • A tenancy at will continues until it is terminated by either party
  • may be terminated at any time for any reason, even without notice
  • if either party dies, it’s terminated
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26
Q

Intent to create tenancy at will

A

Parties must intend to create a tenancy at will. Intent can be
- express
- implied

27
Q

What if agreement gives only LL right to terminate at will

A

If agreement gives only the LL the right to terminate at will, T also gets the right to terminate implicitly

28
Q

What if agreement gives only T right to terminate at will

A

If agreement gives only the T the right to terminate at will, the landlord is NOT given the right to terminate at will

29
Q

Tenancy at sufferance

A

A tenancy at sufferance is created when T refuses to vacate premises after lease has terminated. This creates a temporary tenancy, whre terms of prior lease control until
- landlord evicts T
- landlord releases property to T
- tenant voluntarily vacates

30
Q

Duty to pay rent

A

T has a contractual duty to pay rent to LL in exchange for possessory interest in the LL’s property.

31
Q

what if T fails to pay rent

A

If T fails to pay rent, LL may evict T or sue for breach of K

32
Q

3 main situations where duty to pay rent is suspended

A

The main situations where a duty to pay rent is suspended are
- premises are destroyed (so long as T didn’t cause damage)
- L completely or partially evicts T; or
- L materially breaches on the lease

33
Q

IWH

A

Implied warranty of habitability is implied in every residential lease (NO COMMERCIAL LEASES)

34
Q

What does IWH require

A

IWH requires L to maintain their prop such that it is reasonably suitable for basic human needs. T CANNOT waive habitability protection

35
Q

What constitutes a breach of IWH

A

Failure to comply with applicable housing codes

36
Q

What can T do if L breaches IWH

A
  • Vacate premises and terminate lease (not required to tho)
  • Withold or reduce rent (must notify L of problem first and give them reasonable opportunity to correct problem)
  • Remedy defect and offset costs against rent; OR
  • Defend against eviction
37
Q

Implied cov of quiet enjoyment

A

every lease includes an implied covenant of quiet enjoyment, which prevents L from taking action that makes premises wholly or substantially unsuitable for their intended purposes, resulting in constructive eviction

38
Q

Effect of breach of implied covenant of quiet enjoyment

A

The implied covenant of quiet enjoyment is breached if the tenant is constructively evicted

39
Q

Constructive eviction

A

A constructive eviction occurs if the
- L causes premises to be unsuitable for intended purposes
- T notified L of problem
- L did not correct the problem; AND
- T vacates the premises after a reasonable amount of time passed

40
Q

Assignment

A

An assignment is a complete transfer of T’s entire remaining term under the lease

41
Q

Who can L collect rent from in an assignment

A
  • assignee (because privity of estate); OR
  • original T (because privity of K)
42
Q

Sublease

A

A sublease is a transfer of less than the T’s entire remaining term under the lease

43
Q

Who can L collect rent from in a sublease

A

Landlord can ONLY collect rent from original T because of privity of estate and K.

Subtenant only has rent obligations to original T, not L

44
Q

Surrender of lease

A

A surrender terminates the lease agreement and ends the L-T relationship between both parties (releases both duties from their obligations under the lease)

45
Q

When does a surrender occur

A
  • T returns possession of the leased premises to L before the expiration of lease; AND
  • L consents
46
Q

Abandonment

A

An abandonment occurs when the T unilaterally returns possession of the leased premises before the lease expires WITHOUT the L’s consent

47
Q

Effect of an abandonment

A

T will have to continue paying rent until L is able to find a replacement T.

48
Q

What if T refuses to pay rent after abandonment

A

If T refuses to pay rent, L is entitled to damages for the difference between the original rent and rent recived from the replacement T

49
Q

Duty to mitigate

majority rule

A
  • Under the majority rule, L has duty to mitigate damages if the T abandons the property early or is evicted by making reasonable efforts to re-rent the property to another T
  • L is entitled to damages for the difference between the original rent and rent received from replacement T
50
Q

Duty to mitigate

minorty rule

A

Under the minority rule, L does NOT have to mitigate damages (more common in cases involving commercial leases)

51
Q

Real covenant

A

A real covenant is a promise concerning the use of the land that runs to successors of the promise. It typically requires the holder to do something or refrain from doing something

52
Q

Benefit of a covenant

A

Ability to enforce the covenant

53
Q

Burden of a covenant

A

The burden of a covenant is being subject to it or bound by it

54
Q

Requirement for benefit to run to succesors

A

Four elements must be met
- writing
- intent
- touch and concern
- relaxed veritcal privity

55
Q

Requirements for burden to run to successors

A

Following elements must be met
- writing
- intent
- touch and concern
- strict vertical privity (successor must take entire party’s entire interest)
- horizontal privity (instrument between OG parties must have covenant)
- notice (new owner needs notice of covenant)

56
Q

easement

A

an easement is a right held by one person to use another’s land

57
Q

easement by grant

A

an express easement by grant arises when it is affirmatively created by the parties in a writing that satisfies the statute of frauds

58
Q

Shelter rule

A
  • a person who is transferred property from a bona fide purchaser has the same recording statute protections as the BFP
59
Q

What is a BFP

A

A BFP is a person who pays valuable consideration (not an heir, devisee, or donee) for RP without notice of a prior interest

60
Q

First in time first in right

A
  • Under the common law, if a grantor transfers the same piece of property to multiple grantees, the first grantee to receive the deed acquires rightful title
  • in the absence of a recording statute, the common law rule controls
61
Q

When does a subsequent purchaser have actual notice

A

A subsequent purchaser has actual notice when he has personal knowledge of a prior interest

62
Q

Constructive notice

A

A subsequent purchaser is on constructive notice when the prior interest is recorded

63
Q

Wild deed

A

If a deed is not recorded properly, it is considered a wild deed. A wild deed does NOT put subsequent purchasers on constructive notice

64
Q

Inquiry notice

A

A subsequent purchaser has inquiry notice when a reasonable investigation would have revealed the existence of prior claims

youtube rule statements (8 decks)

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