Rule Statements

Question 1

Lost Property

Answer 1

When a person loses property, it goes to the finder.

Question 2

Mislaid Property

Answer 2

When a person mislays property and forgets to return for it, it typically goes to the locust owner until the TO returns to claim it.

Question 3

Abandon Property

Answer 3

TO intends to relinquish the property and does some act to demonstrate her intent to abandon the property.

Question 4

Gift (Inter Vivos)

Answer 4

Includes (1) Intent to immediately transfer ownership of the property, and; (2) delivers the property actually, constructively or symbolically, and; (3) the recipient accepts the gift (acceptance is presumed unless the recipient demonstrates intent not to)

Question 5

Gift (Causa Mortis)

Answer 5

Intent, delivery, acceptance, & a subjective belief that death is imminent + an objective threat related to the subjective belief.

Question 6

Adverse Possession

Answer 6

For a claim if AP to be met a party must actually enter the land, use it open and notoriously, exclusively, hostile, and continuous for the statutory period.

Question 7

Tenancy in Common

Answer 7

default tenancy, where Ts own fractional shares of property but have a right to posses the whole. May be subject to unilateral partition.

Question 8

Joint Tenancy

Answer 8

The owners hold as one and take at the same Time, with the same Interest and Title, and a right to posses the whole. The magic words creating a Joint Tenancy are “right of survivorship”

Question 9

Lien Theory

Answer 9

the majority rule that a lien on a tenants share in a joint tenancy does not sever the joint tenancy relationship.

Question 10

Title theory

Answer 10

The minority rule that the joint tenancy is severed if title to the property is conveyed.

Question 11

Tenancy by the Entirety

Answer 11

Strictly limited to marital property. includes the same unities has joint tenancy (time, title, interest, possession) plus a person, i.e. the spouse and is not subject to unilateral partition.

Question 12

Partition by Sale

Answer 12

Occurs when two conditions are present, (1) the land is not capable of being divided proportionately with respect to the owner’s shares, and (2) if it would better promote the interest of the owners.

Question 13

Partition in Kind

Answer 13

Actual division of land proportionate to the owners interest. This method is most preferred by courts because courts don’t like taking land away from people.

Question 14

Rent in T. in Common

Answer 14

Generally a tenant in common is not liable to the other party in rent unless it was expressly agreed to or ouster has occurred.

Question 15

Contribution

Answer 15

A tenant who has paid more than his fair share for mortgages, rent, etc… may seek contribution from other tenants in common.

Question 16

Accounting

Answer 16

An equitable proceeding in which a tenant seeks to retain his share of rent or profits generated by the property.

Question 17

Term of Years

Answer 17

Has s definite beginning an end and requires no notice to terminate because the tenancy will end when the term of years expires.

Question 18

Periodic Tenancy

Answer 18

Lasts for an initial period of time and automatically continues until it is properly terminated. Proper termination is equal to the lease up to six months and may only terminate on the last day of the month. (month to month, year to year)

Question 19

Tenancy at Will

Answer 19

Has no fixed time period and generally arises from implication. No notice is required to terminate by either party and L may not strong arm T if T decides to terminate. This is also the default courts use when they are unable to determine the relationship between L and T

Question 20

Tenancy at Sufferance

Answer 20

Occurs when T stays in possession after the lease has expired. L has two options, he may evict the T or her may enter into a new relationship with the T.

Question 21

Delivery of Possession (English)

Answer 21

This is the majority rule which states that the landlord has the responsibility to deliver actual possession of the premises on the first day of the tenancy because, by maintaining the property, he is in a better position to evict trespassers or Ts wrongfully still in possession.

Question 22

Delivery of Possession (American)

Answer 22

This is the minority rule and states that the landlord only has a duty to deliver legal possession of the premises on the first day of the tenancy, i.e. key to access premises, and not actual delivery.

Question 23

Fair Housing Law

Answer 23

it is unlawful to refuse to sell, rent, negotiate; discriminate in terms, conditions; advertise preference, limitation, discrimination; induce sale or rental by representation; coerce, threaten, intimidate, based on race, color, religion, sex, familial status, or national origin.

Question 24

Ms. Murphy Exception

Answer 24

Fair Housing Law does not apply to a residence with four or fewer families where the owner is a resident too.

Question 25

§ 1982 Civil Rights

Answer 25

Similar to fair housing but more narrow in that it inly applies to race and denying leases but is also broader in that there are no exceptions.

Question 26

Assignment

Answer 26

is a conveyance of the entire lease time remaining on the property.

Question 27

Sublease

Answer 27

is a conveyance of some right to the property but not the entire remaining time period. L and T1 will not have probity of E because T has the right to re-enter when the sublease expires.

Question 28

3rd Party Beneficiary Relationship

Answer 28

arises when T1 either agrees to the head lease or agrees to pay L directly. Will result in privity of K between T1 and L.

Question 29

Approval Clause

Answer 29

(Majority) rule is that L may unreasonably with hold consent for T to sublease or assign. (Minority) rule states that L may not unreasonably with hold consent unless he has a commercial justification.

Question 30

Self Help

Answer 30

(Majority) rule is that L may use self-help as long as it is peaceable. (Modern Trend) is that L may not use self-help and must use judicial process to evict T. Policy–> is to prevent confrontations between L and T and

Question 31

Abandoning T

Answer 31

L has to choices (1) L may accept surrender and end the tenancy. L may seek back rent and sue for damages which is the Rent term - FMV (L would only receive money if FMV was down); (2) L may refuse surrender but must use reasonable efforts to mitigate damages i.e. put the apt back in stock, advertise, show the apt.

Question 32

Covenant of Quiet Enjoyment

Answer 32

is implied in every commercial and residential lease and assure T that the will not be disturbed by claims of superior title.

Question 33

Breach of CQE

Answer 33

May result in constructive eviction or T can remain in possession and sue for damages.

Question 34

Constructive Eviction

Answer 34

Results from substantial interference with T’s and enjoyment of the property. T must report any problems with the premises and allow a reasonable time for L to make repairs. T must move out in a timely manner.

Question 35

Implied Warranty of Habitability

Answer 35

Implied in every residential lease and may not be waived. Property must be safe, clean and fit for human habitation. Applies to latent and patent defects.

Question 36

Easement

Answer 36

is a non-possessory right to use someone else’s land.

Question 37

Appurtenant Easement

Answer 37

Benefits the land or the owner’s use and enjoyment of the land. Involves a dominant and servant estate.

Question 38

Easement In-Gross

Answer 38

Benefits a person and only involves a servant estate.

Question 39

Dominant Estate

Answer 39

The estate that is benefited by the easement.

Question 40

Servient Estate

Answer 40

The estate burdened by the easement.

Question 41

Express Easement (Grant)

Answer 41

is created by a grant or sale of land.It must be done through proper forms of conveyance (id grantor/grantee, describe the land, be in writing, and signed by the grantor) majority rule is that you cannot reserve an easement for a 3rd party.

Question 42

Easement by Prescription

Answer 42

AP elements with an exception to exclusive. Here, the easement must be exclusive to the TO and the Tenant and exclude the public at large.

Question 43

Licenses

Answer 43

are a temporary authorization to use someone else’s land and are freely revocable. They are not in writing and are not expandable or alienable. (let your kid swim on my pond)

Question 44

Easement by Implied Use

Answer 44

arises from a severance of land held in common ownership, with an existing, apparent and continuous use when severance occurs with a reasonable necessity for use when severance occurs

Question 45

Easement by Necessity

Answer 45

Severance of title to land held in common, and strict necessity at the time of severance. (land-locked)

Question 46

Assignment of Appurtenant Easement

Answer 46

Benefit of easement will be assigned to the new owner of the dominant estate.
Burden will be assigned to the new owner if he has notice of it.

Question 47

Assignment of Easement In-Gross

Answer 47

Burden will transfer to new owner of servant estate if he has notice of it.
Benefit will transfer if it is not contrary to the intent of the owners.

Question 48

Scope of an Easement

Answer 48

Reasonable expansion unless expressly limited, subdivision, yes unless there is an unreasonable burden..

Question 49

Terminating an Easement

Answer 49

Common Ownership, Release, Time limit, Abandonment (intent to abandon + act to demonstrate intent), Prescription.

Question 50

Real Covenant

Answer 50

generally the right to refrain from doing some thing on one’s land. the remedy is money damages.

Question 51

Real Covenant Burden

Answer 51

WITHN: writing, intent, touch and concern, horizontal and vertical privity, and notice.

Question 52

Real Covenant Benefit

Answer 52

WITV: Writing, intent, touch and concern, Vertical Privity (relaxed)

Question 53

Equitable Servitude

Answer 53

Similar to real covenant except the remedy is an injunction.

Question 54

Equitable Servitude Burden

Answer 54

WITN: writing, intent, touch and concern, notice

Question 55

Equitable Servitude Benefit

Answer 55

WIT: writing, intent, notice.

Question 56

General Warranty Deed

Answer 56

most protective deed that warrants against all defects (present and future) on the property, includes 6 covenants.
Present Covenants: seisin, right to convey, against encumbrances. (breached, if ever, at closing. AP will begin when breached)
Future Covenants: General Warranty, Quiet Enjoyment, and Further Assurances. (AP occurs when breach occurs)