tenancy in common
any co-tenant can transfer their interest without the consent of others; no right of survivorship; default form of co-ownership
title vs lien theory of mortgage
title- the title is fully transferred, thus severing joint tenancy; lien- the title is not severed because the new party only holds a lien, not actual title
landlord duty when tenant abandons
affirmative duty to mitigate the abandoning tenant's damages by making a reasonable effort to relet the premises.
constructive vs actual eviction
constructive- the conditions are so bad, the tenant is forced out; actual- landlord says get the fck
vertical privity and burden
all interest must be transferred (fee simple --> fee simple)
joint tenancy
any cotenant can transfer their interest without consent of the other, but becomes a TIC once severed; four unities are required; comes with right of survivorship
ouster for purposes of compensation
if someone is using a part of the property that cuts it off from the other tenant's use, ouster can be used to get rent payments for the unusable part of the property.
sublease vs assignment
sublease- when the original tenant transfers less than the remainder of the lease; assignment- when the original tenant transfers the entirety of the lease.
implied covenant of quiet enjoyment
tenant shall have right of possession, occupancy, and beneficial use of every portion of the leased premises
vertical privity and benefit
transfer of the same or less interest (fee simple --> fee simple or life estate)
right of survivorship and its benefits
when one co-owner dies, the other automatically gains title; benefit is that this avoids probate
partition in kind
dividing the property physically; becomes an issue when it's hard to equally split the property to reflect each co-owner's share.
privity of contract
can exist in more than one place; exists where there is an express promise between parties
implied warranty of habitability
tenant can expect their dwelling to be habitable; cannot be waived and rent doesn't necessarily measure what the damages may be
elements of adverse possession
continuous/uninterrupted use; hostile; open and notorious; actual entry; exclusive entry
four unities
title, time, interest, possession
partition by sale
entire property or one's title goes onto the market for anyone to buy, and the money is divided based on each tenant's % of interest
privity of estate
can only exist in one place; exists between the landlord and whoever had possession of the property when the lease terminates
tenant responsibilities
theories of adverse possession
sleeping (focuses on owner) and earning (focuses on adverse possessor)
ouster definition
excluding another co-tenant from his or her full use of the property
american vs english rule
american- only legal possession (ie a contract) is required; english- both legal AND actual possession is required (landlord's responsibility to move the old tenant out before new tenant moves in)
summary proceedings
to evict a tenant, self-help is not acceptable and landlords must go through summary proceedings; few days notice is okay
elements of real covenant
intent to run with the land; touches and concerns the land; privity (horizontal and vertical for burden to run and only vertical for benefit to run).
elements of equitable servitudes
intent to run with the land; touches and concerns the land; notice (constructive notice- sufficient if in central recordings)