Leaseholds
Takings
Easements
Future Interests
Covenants
100
Leasehold measured by any fixed period of times, automatically ends at end of term, death of a party doesn’t affect term
Term of Years
100
A temporary regulation that might limit some economic benefit or use of the land is not a taking without physical presence
What case does this correspond with?
Tahoe
100
easement that lets the owner do something on or affecting another’s land
affirmative easement
100
ends automatically when stated event happens; future interest retained by transferor; possibility of adverse possession; “as long as”, “until”, “while”
Fee Simple Determinable
100
You found Cynthia Ho. +100 points for free
bing bong
200
Leasehold defined as a lease for a fixed duration that automatically renews until either landlord or tenant gives notice of termination; death of party doesn’t end
Periodic tenancy
200
When there is a permanent regulation without physical gov’t presence or appropriation, consider economic impact, investment backed expectations, character of gov't action
Penn Central and Penn Coal
200
when it would be unfair to end the easement because one relies on it or has repeatedly expended time and a substantial amount of money on improvements with licensor’s knowledge; originally one had permission, but permission was revoked Richardson v. Franc
Easement by estoppel
200
does not automatically terminate, right of reentry when stated condition happens; “but if”, “provided that”, “however if” “on the condition that”
Fee Simple Subject to Condition Subsequent
200
Court that only implies injunctions when covenant is violated
Court of equity
300
~the guillotine special~
Your landlord wants to evict you because you voted for Bernie Sanders. Is it legal?
Yes! Because ofc it is.
Its only a retaliatory eviction if the eviction relates to activities of the tenant incidental to the tenancy, includes not renewing; first amendment rights are not protected; Imperial Colliery Co. v. Fout
300
When there is a regulation that permanently appropriates or destroys economic viability of land, it constitutes a taking
Lucas and Loretto
300
easeement benefits a specific person and follows them regardless of ownership
Easement in gross
300
title will pass to 3rd party by conditional or durational language
Fee Simple Subject to Executory Interest
300
when a landowner sells a part of their property and restricts the buyer’s use of that specific part. The same restriction is placed on the part of the land kept by the landowner also.
Reciprocal negative easement
400
theory that seemingly neutral rules are used to discriminate in housing, but its legal because its not explicit
Disparate Impact Theory
400
When there is a regulation that grants temporary access or appropriation, it constitutes a per se taking
Cedar Point
400
Requirements: use predates severance, severance created necessity, actual necessity
Easement implied by strict necessity
400
O => A(life estate) => B, but if C eats a taco => C
what is C's future interest
Vested Remainder Subject to Divestment
400
a court will not enforce a restrictive covenant where a fundamental change has occurred in the intended character of the neighborhood El Di v. Town of Bethany Beach
Doctrine of Changed Conditions
500
co-ownership defined by survivorship + each tenant owns the whole
Joint Tenancy
500
When is it okay to use eminent domain to transfer property to a private owner?
When it targets poor people <3
When the public has access, it confers a social benefit, or alleviates a societal harm
500
Elements of easement implied by prior use
initial unity of ownership, a use that predates the division of property, necessity, no contrary intent expressed/implied in deed, must be apparent/discoverable with inspection; need not be mentioned in conveyance/recorded
500
A(life estate) => A’s children
Vested Remainder Subject to Open
500
A is a furry and wants a picture of his furrsona to stay up in the front yard. He coveys his property to B with the following covenant.
*insert legal language* you agree not to remove my fursona pic
Can this be enforced?
Not as a real covenant because there is no horizonal privity
Can be enforced as an equitable servitude