Untitled Deck Flashcards
What must be shown for a landlord’s duty to repair?
It must be shown that a landlord actually knew of a defective condition or should have known of it in the exercise of ordinary care.
When is a landlord not liable for damages?
A landlord will not be liable for damages if the tenant had equal or greater knowledge of the defect and did not exercise ordinary care to avoid injury.
What is the landlord’s duty regarding patent defects?
A landlord has no duty to warn against obvious dangers but must keep the premises in repair, especially if defects render the premises unsafe or uninhabitable.
What is the general rule regarding landlord liability for tenant injuries from third-party criminal conduct in Georgia?
Under Georgia law, a landlord does not ensure a tenant’s safety against third-party criminal attacks unless there is a breach of duty to exercise ordinary care.
What must be shown for a landlord to be liable for third-party criminal attacks?
Liability must be predicated on a breach of duty to exercise ordinary care and extends only to foreseeable criminal attacks.
What defines fixtures in real property?
Fixtures are chattels that have become part of the realty and pass when ownership of the land passes, typically if they lose their identity or their removal would cause considerable damage.
What does Georgia law state about fixtures?
Anything intended to remain permanently in place is a fixture and is part of the realty.
What is an easement by necessity?
An easement by necessity is created when a land division deprives one lot of access to a public road or utility line and terminates when the necessity ceases.
How does Georgia handle easements by necessity?
Georgia allows the superior court to grant private rights-of-way over the land of others when there is no other means of access, not exceeding 20 feet in width.
What is required to acquire a prescriptive easement in Georgia?
A prescriptive easement in improved land can be acquired by seven years of uninterrupted use; in wild lands, it requires 20 years.
What happens when a house is sold in Georgia regarding light and air?
An easement of light and air over adjoining land passes as an incident to the house sold.
What is the rule for easements by reservation in Georgia?
In Georgia, there is no implied reservation of an easement by a grantor; only an implied grant in favor of the grantee exists.
How is the scope of an easement determined?
The scope of an easement is determined by the terms of the grant or the conditions that created it.
What constitutes abandonment of an easement at common law?
Abandonment requires physical action evidencing intent to never use the easement again; mere nonuse or words are insufficient.
How can an easement be lost or forfeited in Georgia?
An easement may be lost by abandonment or forfeited by nonuse if it continues for a time sufficient to raise a presumption of release or abandonment.
