leaseholds
Fixed term lease with no notice required for termination.
What is term of years lease?
What are the three types of deeds?
Quit claim = no assurances
Special warranty = only against the grantor
General warranty = against the world
What is an easement?
A non-possessory property right to use or prevent use, like a driveway!
What is a covenant?
A promise concerning the use of the land, like all single family homes!
Seeking damages or seeking injunction.
What is the difference between a real covenant and an equitable servitude ?
Repeated time frame requires notice of termination of at least one period up to six months or 30 day notice.
What is periodic tenancy?
Covenant of siezin
Covenant of the right to convey
Covenant against encumbrances
What are these and what is the SOL?
Grantor claims he owns the estate he transfers.
There are no 3rd party interests in the land.
Present warranties. SOL begins at the time of conveyance/delivery.
What are the types of easements?
Affirmative = the right to use
Negative = the right to stop
Appurtenant = parties are properties with a servient and dominant estate
In gross = beneficiary is a person or entity and the burdened party is property
1. Intent, notice, touch and concern, horizontal privity, strict vertical privity
2. Intent, touch and concern, relaxed vertical privity
Real Covenants:
1. The benefit to run
2. The burden to run
Legal remedy for when the owner makes a representation that an easement exists, the other party reasonably believes that the easement exists, and detrimentally relies on the existence of the easement.
What is: Implied easement by implication by estoppel?
What are two ways to create a new tenancy from a holdover?
Commercial lease: period the same as previous lease capped at one year
Residential lease: prior payment period will determine period length
Covenant of general warranty
Covenant of quiet enjoyment
Covenant of further assurances
What are these and what is the SOL?
Grantor will pay for litigating lawful claims
No disturbance of lawful possession
Grantor will perfect the title
Future warranties, SOL begins at breach
T/F
All easements must be in writing?
False. All expressed easements must be in writing but implied easements can be established by estoppel, prior use, necessity, or prescription.
Implied equitable servitude is created when there is a general plan to have one.
What is a general plan?
You only have a validly recorded deed if all titles in your chain are validly recorded.
What is chain of title/ the zimmer rule? Only applies in race / race-notice
Allows landowner freedom of association where the property contains 4 or fewer living units in which the landlord lives in one. The discrimination cannot be published.
What is the Ms. Murphy Exception (exception to the Fair Housing Act)?
First in time, first in right.
Last bonafide purchaser prevails.
Subsequent purchaser prevails if they are bonafide and record first.
Race
Notice
Race-Notice
Elements for implied easement by prescription.
Open and notorious, continuous, adverse and hostile, under claim of right or good faith, and for the statutory period
1. Intent, notice, touch and concern
2. Intent, touch and concern
1. Benefit of equitable servitude
2. Burden of equitable servitude
Transfer of possession for the remainder of the term.
What is an assignment?
Prevents race based discrimination.
Protects discrimination against religion, race, gender, age, etc...
What is the Civil Rights Act?
What is the FHA?
C is treated as being bonafide because C purchased from B who was bonafide
What is the shelter rule. Only applies in notice and race-notice jurisdictions.
T/F
easements in gross are assignable and divisible
Under common law, easements in gross are not assignable or divisible however the modern trend is to follow the intent of the original parties so long as it does not overly burden the serviant estate.
In what ways are covenants limited?
Rules of construction, Federal Constitutional Law, Federal Statutory Law (FHA), and Public Policy (inconsistant, no rationelle, targeted, impacts fundamental rights, restraints on alienation or trade, or unconscionable)
13 ways to terminate a covenant... GO! :)
Changed conditions
Relative hardship
Expiration
Defeasibility
Release
Acquiescence
Merger
Estoppel
Unclean Hands
Prescription
Condemnation
Doctrine of Latches