Week 6 Flashcards
Covenants like easements can be terminated in a variety of ways:
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- Release (even without unanimous consent)
Covenants like easements can be terminated in a variety of ways:
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- Expiration
Covenants like easements can be terminated in a variety of ways:
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3. ?
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- Abandonment
Covenants like easements can be terminated in a variety of ways:
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4. ?
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Merger - burdened and benefited estates become owned by same person
Covenants like easements can be terminated in a variety of ways:
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5. ?
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- Estoppel
Covenants like easements can be terminated in a variety of ways:
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6. ?
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- Eminent Domain
Covenants like easements can be terminated in a variety of ways:
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7. ?
- Termination due to Change of Circumstances!!
An additional method in termination in the “covenant context” is: termination due to change of circumstances.
_________ due to ______ ____ _________: when talking about termination of covenants for residential purposes only. Looking at changes in circumstances inside the subdivision not outside of the subdivision.
Termination
Change in Circumstances
Termination due to change in circumstances: when talking about termination of covenants for residential purposes only. Looking at changes in circumstances _________ the subdivision not _______ of the subdivision.
inside
outside
Pay attention to whether or not the changes have occurred inside the area subject to the covenant not outside in the world at large. if nothing has changed inside, we are going to keep the ________ in place.
covenant
In order to assert illegal lease as a defense to the landlord’s lawsuit against Tenant for non-payment of rent, housing code violations must have been developed after the lease began.
A. True
B. False
B. False they must have developed before the lease began
The general rule is that where ________ and _________ _________ collide the more restrictive will prevail.
zoning
restrictive covenants
The general rule is that where zoning and restrictive covenants collide the more _________ will prevail.
restrictive
Idea is if the covenant says single family residential only, but zoning says do whatever you want we are going to abide by the _________ because that is more restrictive. What doctrine is this?
covenant
Change of circumstances
The implied warranty of habitability requires tenant to leave the premises.
A. True
B. False
B. False
you have to leave with breach of covenant of quiet enjoyment and constructive eviction. you don’t have to leave for the implied warranty of habitability.
It is not how much benefit the hospital would Bring to the community. Has west relied upon the single family residential use only covenant? She had. Court decided to uphold the covenant. west beat out the hospital. this is the ___________ rule in the US. It is really hard to get rid of a ____________.
majority
covenant
Snyder Case: The person seeking to maintain the covenant will be protected in their refusal to get rid of the covenant by all power of the law. In favor of West reliance on the covenant. True or False?
True
Non-payment for rent for breach of the covenant of quiet enjoyment required that the tenant be constructively evicted.
A. True
B. False
A. True
Termination of Covenants Public Policy Question
The changed conditions doctrine, as typified in Western Land and Rick v. West, is a stringent one which continues to be enforced by courts by the issuance of injunctive relief. But ought that to be the case? That is,…
Should we cease to enforce covenants if the objecting party is paid money damages for any value lost by permitting a violation of the covenants?
Should we force the person to transfer their rights if everybody wants the hospital but one?
Access to medical care. – increased traffic but change of medical attention.
I specifically paid to live in a subdivision because I wanted to be in a single family residential only neighborhood, and I wanted other things. Houses to look a certain way.
If somebody was going to take my covenant from me that would be problematic.
If money was thrown at me – should they waive the covenant and give them money instead.
Individual rights to have what they paid for or community rights which might benefit the community at large more. If you move – impact school my kid goes too, commute, price of house.
Valuable arguments on both side.
Individual rights – dangerous to take covenants away. Covenants have to have been made in such a way that they are not in violation of public policy.
Racially restrictive covenants should have never been created.
Single family residential use – may give chance to not live next to a factory.
It is not possible to successfully assert retaliatory eviction after the requisite 90-180 day period.
A. True
B. False
B. False
Tenant got sued by LL for non-payment of rent and T’s response was there HC violations that affect health and safety and I moved in with the violations here and then T wins and court says the lease is illegal and LL wants to retaliatory eviction to get them out of the property but for various reasons – difficulty retaining counsel they waited longer than whatever the statutory period here was. Any action by the LL to increase rent or decrease within 90 -180 days that is presumed retaliatory eviction. The facts behind are the same. This tenant waited until too long can they no longer claim RE?
Are they just going to lose if they miss time window say true.
Still have a chance but more work – false.
Tenant would have to prove retaliatory eviction – if they would have filed in the time window the law would have presumed retaliatory eviction.
Any action by the LL to increase rent or decrease within ________ days that is presumed retaliatory eviction
90-180
Restrictive Covenants in Common Interest Communities
Based upon ownership of a subdivision lot or condominium unit,
- 2.
- property owner becomes a member of the association, and
- is obligated to conform with negative covenants and pay fees and assessments (affirmative covenants).
In most common interest communities the power to levy assessment for non-payment of fees or non-compliance with covenants is enforceable by _____ and a ______ on your property.
fines
lien
___________ could be interior walls inward, exterior walls inward or some grassy areas outside. Typically, the exterior in a condominium owners association would be owned as tenants in common. When you drive into my subdivision and the sign and landscaping, I can go in that area because I own part of that as a TIC with other property owners.
Condominiums
