100

tenancy in common

any co-tenant can transfer their interest without the consent of others; no right of survivorship; default form of co-ownership

100

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

100

landlord duty when tenant abandons

affirmative duty to mitigate the abandoning tenant's damages by making a reasonable effort to relet the premises.

100

constructive vs actual eviction

constructive- the conditions are so bad, the tenant is forced out; actual- landlord says get the fck

100

vertical privity and burden 

all interest must be transferred (fee simple --> fee simple)

200

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

200

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. 

200

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.

200

implied covenant of quiet enjoyment

tenant shall have right of possession, occupancy, and beneficial use of every portion of the leased premises

200

vertical privity and benefit

transfer of the same or less interest (fee simple --> fee simple or life estate)

300

right of survivorship and its benefits

when one co-owner dies, the other automatically gains title; benefit is that this avoids probate

300

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. 

300

privity of contract

can exist in more than one place; exists where there is an express promise between parties

300

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

300

elements of adverse possession

continuous/uninterrupted use; hostile; open and notorious; actual entry; exclusive entry

400

four unities

title, time, interest, possession 

400

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

400

privity of estate

can only exist in one place; exists between the landlord and whoever had possession of the property when the lease terminates

400

tenant responsibilities

pay rent; maintain the premises
400

theories of adverse possession

sleeping (focuses on owner) and earning (focuses on adverse possessor)

500

ouster definition

excluding another co-tenant from his or her full use of the property

500

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)

500

summary proceedings

to evict a tenant, self-help is not acceptable and landlords must go through summary proceedings; few days notice is okay

500

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).

500

elements of equitable servitudes

intent to run with the land; touches and concerns the land; notice (constructive notice- sufficient if in central recordings)

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