Terminations of Covenants
sufficient violations that the owner no longer adheres to restrictions
What is abandonment?
borrower's duty to repay a loan evidenced by a written promissory note or perform other duties
What is an obligation?
grantor warrants against all defects whether they arose before or after he obtained full title
what is a general warranty deed?
title reasonably free from doubt as to its validity
what is marketable title?
a nonpossessory use right to use the land of another person
what is an easement
Inequitable to enforce the covenant because defendant has substantially changed his position in reliance on plaintiff's covenant
what is estoppel?
paying the missed payments before the lender accelerates the loan
What is reinstatement?
the subsequent bona fide purchaser who records first
What is estoppel as an exception to the statute of frauds?
an easement that entitles the dominant owner to prevent the servient owner from performing an act on the servient land
what is a negative easement?
if one person owns all he land benefited and burdened by the covenant
what is merger?
Foreclosure eliminates the mortgage being foreclosed and all junior interests but doesn't affect senior intersts.
What is principle 1 of results of foreclosure sale?
A deed that is unable to be captured by the reasonable search
What is a wild deed?
Landlord may seek to retake possession for any reason or no reason at all through self help or suing the tenant
What is eviction?
severance of title to land held in common ownership
an existing, apparent, and continuous use of one parcel for the benefit of another
reasonable necessity
what is an implied easement by prior existing use?
requires open and notorious, continuous, and adverse and hostile use for the statutory period.
What is prescription?
the quicker and cheaper method for collecting on a secured loan after the borrower's default
what is a non-judicial foreclosure?
Notice of any prior interest that would have been obtained by investigating suspicious circumstances
what is inquiry notice?
Wrongful conduct by landlord that substantially interfered with tenant's beneficial use and enjoyment of leased premises. Tenant must give landlord reasonable time and notice to resolve the issue.
What is constructive eviction?
severance of land from common ownership
necessity of easement at time of severance
minority --> strict necessity
majority --> reasonable necessity
what is easement by necessity?
plaintiff has failed to enforce the covenant against other breaching owners and tries to enforce against defendant
What is Acquiescence?
Purchase money mortgage, future advance mortgage, and deed in lieu of foreclosure are all types of .
Covenant of seisin, right to convey, and against encumbrances
no taking of private property for public use without just compensation
what is the fifth amendment?
an easement that benefits the holder in her use of a specific parcel of land
what is an appurtenant easement?