special characteristics of land

Question 1

fixtures

Answer 1

items so affixed to the land that they become a part of the realty

can agree that something is a fixture

Question 2

constructive annexation

Answer 2

items not physically attached to land are fixtures if they are so uniquely adapted to the real estate it makes no sense to separate them

Question 3

removing a fixture

Answer 3

if you remove it you can be liable for voluntary waste

Question 4

destruction of property

Answer 4

T has a duty to repair or keep in good condition the majority view if that th eproperty is destroyed from weather, then you can end lease

Question 5

duty to pay rent

Answer 5

1. can evict (if doesn’t leave then tenant at sufferance)
2. sue for rent
3. NO SELF HELP

Question 6

landownder bring chattel onto the land

Answer 6

objective intent determines whether the items are fixtures

Question 7

divided ownership cases - landownder does not bring chattel onto land

Answer 7

item owner can remove it only if this would not leave unrepaired damage to premise

Question 8

landlord’s duties

Answer 8

put tenant in actual physical possession

quiet enjoyment - every residential commercial lease
how to betray? wrongful eviction (exclues or evict tenant) or constructive eviction (flooding apartment)

implied warranty of habitability (residential only)
1. cannot waive
2. must be fit for basic human dwelling
3. usually a housing code
4. e.g. no heat in winter, no working plumbing no running water
what can you do?
1. move out and end lease
2. repair and deduct from future rent
3. reduce rent or withhold rent until court assesses fair rental value (have to put in escrow)
4. remain - pay rent and sue for money damages remember this is very different from covenant of equity enjoyment where you must leave

retailatory eviction - can’t evict or harass tenant