Landlord/Tenant
Where a T vacates without justification and without present intent to return and defaults.
What is abandonment?
Oral or written permission given by an occupant of land allowing another person to do an act that would otherwise be trespass.
What is a license?
When benefitted and burdened estates come into the ownership of a single person or entity, the easement is extinguished.
What is the Doctrine of Merger?
Gives a right to someone without regard to ownership of the land.
Involves only burdened property and a benefited person or entity.
Where an easement never existed before and is being newly created in this transaction.
What is a reservation?
Where T offers to end the tenancy, which then terminates the lease if the L accepts.
What is surrender?
1. The representation (active or inactive) is made by the owner of the burdened property.
2. There was detrimental reliance of that representation.
3. It would be unfair or inequitable to deny the existence of such representation.
What is estoppel?
Assignable, except those that are for recreational personal use purposes.
What are easements in gross?
Where the benefitted property has a right to enforce a restriction on the use of a burdened property.
What is a negative easement?
Where an easement was previously created and the present transaction is specifying that the grantor is not including the easement in the grant but that the transaction is being made subject to the easement.
What is an exception?
Where L terminates T's tenancy, increases rent, or decreases services after T makes a good faith complaint about L.
What is retaliatory eviction?
___ that is incidental to the ownership rights of personal property located on another person's land.
What is a license coupled with an interest?
What is a benefitted estate (dominant estate)?
Gives a rights to whomever owns a parcel of land that the easement benefits.
Involves both a burdened property and benefited property.
What is an appurtenant easement?
This type of easement is established by: (1) a common ownership of the property that is later divided, (2) at the time of severance, the use of the burdened land is absolutely necessary in order to acccess or otherwise allow reasonable enjoyment of the benefited land, and (3) necessity to the burdened land is substantial.
What is an easement implied by strict necessity?
Where T is relieved of paying any rent if L deprives T of the beneficial use and enjoyment of any part of the premises by eviction.
Applies in both commercial and residential.
What is the Covenant of Quiet Enjoyment?
Right held by one person to make a specific, limited use of the land owned by another person.
What is an easement?
Automatically assignable if:
1. It was intended by the parties, and
2. The burdened party has notice of the easement.
What is an appurtenant easement?
This type of easement is created by being written down and recorded at the public records office.
Must: (1) be written down, (2) describe the rights and obligations, (3) specify intent to run with the land, and (4) be recorded.
What is an express easement?
Must prove:
1. Covenant is written
2. Notice of the covenant was given to the burdened party
3. Intent that the covenant runs with the land
4. The covenant touches and concerns the land
5. There is privity
What are the requirements for real covenants?
Where L is obligated to maintain the conditions of the premises throughout the lease term.
Applies only to residential.
What is the Implied Warranty of Habitability?
Land that is subject to the easement.
What is the burdened estate (servient estate)?
Where the benefitted property has a right to use the burdened property.
What is an affirmative easement?
This type of easement is implied from prior use.
Requires that: (1) one part of land was serving another, (2) service exists and is apparent when a common owner divides the property, (3) the parties reasonably expect the service to continue, and (4) the service is reasonably necessary.
What is an easement implied by an apparent existing use?
Requires:
1. Servitude is written
2. Notice to the burdened party of the servitude
3. Intent that the servitude run with the land
4. Servitude touches and concerns the land