NEED A SERVITUDE ADJUSTMENT
This type of servitude restricts how land may be used rather than giving someone the right to enter
What is a covenant?
Recording a deed gives future purchasers this.
What is constructive notice?
Tenants that refuse to return possession after the end of their lease are called this.
What is a tenancy at sufferance (or holdover tenant)?
Unlike other interests that transfer automatically, O must exercise their right to take possession with this type of future interest.
What is right of reentry?
A homeowner seeking permission to build closer to the property line than the zoning code allows typically requests this.
What is a variance?
An informal agreement to allow use of land at the discretion of the owner is most likely to be this kind of servitude.
What is a license?
Olivia sells Blackacre to Alex, who does not record. Olivia later sells Blackacre to Beth, who pays value and had no notice of Alex's interest, but records first. Under a race statute, who wins?
Who is Beth?
When a landlord's actions make the premises uninhabitable, forcing the tenant to leave, the tenant may claim this.
What is constructive eviction?
"O conveys Blackacre 'to A for life, then to B if B graduates from law school.'" B's interest is this.
What is a contingent remainder?
A business that lawfully existed before a zoning ordinance changed may often continue operating as this.
What is a nonconforming use?
Under this doctrine, an easement may terminate when the owner of both the dominant and servient estates becomes the same person.
What is merger?
A notice statute protects this type of purchaser.
Who is a bona fide purchaser without notice?
This type of privity with the landlord is required for an assignment, but not a sublease.
What is privity of contract?
The Rule Against Perpetuities generally applies to contingent remainders and this other category of future interests.
What are executory interests?
To receive a zoning amendment, one must show that an amendment would be in conformance with the public interest and this.
What is the local zoning plan?
If a particular parcel of land has been divided into multiple parcels, so that an existing home on that land is now cut off from the only public road, then it is most likely to have an easement under this doctrine.
What is necessity?
The seller promises that no one else owns the property. This is called the covenant of ____.
What is seisin?
Under the majority rule, a landlord whose tenant abandons the premises must take reasonable steps to do this.
What is mitigate damages?
Grantor conveys Blackacre "to Alice, but if alcohol is ever sold on the property, then to Ben." Ben's interest is best described as this.
What is a shifting executory interest?
A city that wants to eliminate a nonconforming use over time may rely on this approach rather than immediately banning it.
What is amortization?
For the burden of a real covenant to run at common law, courts generally require intent, notice, horizontal privity, vertical privity, and this.
What is that the covenant touches and concerns the land?
Seller signs a deed but locks it in a desk intending to deliver give it to Buyer next month. Seller dies before handing it over. Because this element was missing, title never passed.
What is delivery?
Tenant and landlord have an oral agreement to lease an apartment for three years. Before moving in, the landlord refuses to honor the agreement. The landlord's strongest defense is based on this doctrine.
What is the statute of frauds?
The holder of future interest can bring a suit against the current possessor for damages to the property based on this doctrine.
What is waste?
This type of zoning separates incompatible land uses, such as keeping factories away from residential neighborhoods.
What is Euclidean zoning?