Creating the Tenancy
When does the FHA not apply?
It does not apply to an owner-occupied building with 4 units or less and any single family house sold or rented without assistance from a real estate agent or broker.
What are the exceptions to the statute of frauds?
What are the defenses to nuisance?
Coming to the nuisance and right to farm
What is a nonconforming use?
Use that exists before a zoning ordinance is adopted which is allowed to remain even though it does not comply with the ordinance
Which easement does the SoF not apply too?
Implied easement by prior existing use
What are the two ways to end the tenancy?
Abandonment and Eviction
What are the requirements for deed delivery?
Intent, delivery, and acceptance
What are easements?
Legal right to use someone’s land for a specific purpose
What is planned unit development?
Zoning that allows a developer to plan an entire community (with homes, business, and public services) subject to guidelines for density and other concerns.
What are the elements for real covenants?
SoF, intent, touch and concern, notice, horizontal privity, and vertical privity
What is the statute of frauds?
Requirement that the sale of real property be in writing, signed, have a description of the property, amount, and identity of parties
What is equitable conversion?
The period b/w the purchase agreement and closing that looks at who bears the loss during this time. The buyer bears the risk of loss.
What are the defenses to enforcement of real covenants?
What is conventional land use regulation?
Favor single-use, low density sprawl (low-density, automobile-oriented development)
Which elements do you need for a benefit to run with real covenants?
SoF, intent, and touch and concern
What can the tenant do if there is constructive eviction?
What are the two exceptions to the first in time rule?
BFP and Shelter rule
What is an appurtenant easement?
Benefits easement holder in the use of the specific land
What is aesthetic regulation?
Preserving the appearance of the community
What type of remedies are available for a real covenant v. and equitable servitude?
What is the three step approach for FHA issues?
What are three present covenants?
Covenant seisin, covenant of right, and covenant against encumbrances
What are two ways to create an easement?
Express easement by grant and express easement by reservation
What is the Euclid test?
Zoning is valid unless it is arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or welfare.
What are the four types of chain of title problems?
Wild deed, deed recorded to late, deed recorded too early, and deed from a common grantor