Zoning
What is the goal of zoning?
1. Separate incompatible uses and prevent nuisance before it occurs
2. Ease in administration
3. The certainty that preserves property values
What is the Holdover Doctrine?
When a tenant continues in possession after their right to possession has ended, the landlord may:
Evict OR Bind the tenant to a new lease (generally a month-to-month tenancy)
What is an eviction?
Legal process landlord's use to recover possession of the leased property by requiring a tenant to vacate.
To the United Church, on condition that the land is used for church purposes.
Fee Simple Subject to a Condition with a right of re-entry
What is the only way to terminate a Tenancy by the Entirities?
Divorce
What is the zoning process?
1. the comprehensive plan: description of goals and plans for future development
2. zoning ordinance: the law that implements the comprehensive plan (amendments to zoning ordinance must be consistent
3. Rezoning: under the comp. plan every 10 years (if not it becomes piecemeal rezoning
What are the 2 types of fixtures and explain?
Residential: any permanent fixture added that will cause substantial damage to removal must remain with the property
Commercial: Tenant can take fixtures, but the property must be restored to its original condition in a reasonable time frame.
What are the three types of eviction and define?
Actual
Preventing a tenant from possessing all or some of the rented premises
Constructive
Substantial interference with the tenant’s use and enjoyment of all or some of the rental premises.
Retaliatory
Eviction (actual or constructive) in response to tenant’s exercise of legal right
O devised Greenacre to my wife Wanda, for life, remainder to my daughter Debroah and her heirs. After O's death, Deborah died, leaving her mother Wanda, as her sole heir. Deborah's will devised all property I own at death to a charity. Last year, Wanda died. Who owns the property?
Charity owns at Wanda's death.
What are the four unities and what type of concurrent ownership do they apply to?
PITT: Possession, Interest, Time Title
These apply to Joint Tenancy with a Right of Survivorship and Tenancy by the Entirities.
What is a piecemenal rezoning and what does it entail?
It typically involves an evidentiary hearing, testimony, documentary evidence, witness cross-examination, and objections to evidence weighting.
What are the four types of leaseholds and define?
Term for Years: Tenancy that lasts for a fixed period.
Period Tenancy: Tenancy for some fixed period that continues for succeeding periods until either party gives notice of termination.
Tenancy at Will: Tenancy of no stated duration that lasts as long as both parties desire.
Tenancy at Sufferance: Tenant wrongfully holds over after termination of tenancy.
What is the difference between Implied Warranty of Habitability and Implied Covenant of Quiet Enjoyment?
Implied warranty of habitability: LOs are generally responsible for providing a minimum baseline of health, safety, and functionality in rental properties. A legal obligation that requires landlords to provide tenants with a safe and habitable dwelling. Landlords are not required to make cosmetic repairs, such as new carpet or appliance upgrades.
CANNOT be waived for residential tenants.
DOES NOT apply to commercial leases!!!!!
Implied covenant of quiet enjoyment: If a landlord's action or inaction causes substantial interference with the use and enjoyment of the leasehold, then a tenant has been constructively evicted.
For commercial leases and residential leases
The tenant can also stay and use for breach and seek damages such as lost rental value.
Taylor conveys her beach house to Travis so long as Jason is never at the premises.
The power to transfer their share upon death.
What is a variance, and what are its elements?
Allows land use that deviates from zoning regulations' dimensional or physical requirements, providing flexibility and enabling landowners to seek relief from specific provisions, such as setbacks, height, or area restrictions
1) Unnecessary hardship would result from the strict application of the ordinance.
2) The hardship results from conditions that are peculiar to the property.
3) The hardship is not self-created.
4) The request is the minimum necessary to afford relief
What is the difference between an assignment and a sublease? Who can a landlord go after in each case for rent/damages? What happens when a novation comes into play?
An assignment is when the original tenant transfers his ENTIRE interest to a subsequent tenant.
-Landlord could sue T-1 and T-2 for rent/damages
-Novation is required to no longer have T-1 liable
A sublease is when the original tenant transfers only PART of his interest and retains some of the estate.
-Landlord could sue only T-1 for rent/damages
-Novation releases T-1
What are the contract remedies for eviction?
Rescission (rescind the lease), reformation (reform the lease), & damages
Compensatory damages: the difference between the value of the dwelling as warranted and the value of the dwelling as it exists in its defective condition.
Punitive damages may be allowed for willful or wanton conduct or fraud (ex: unlicensed contractors to do jobs in an unsafe way).
To city for the purpose of creating a public park.
Ineffective language
Explain the difference between Marital and Non-Marital Property.
Marital Property: All property acquired after the date of marriage until the end of the relationship is divisible based on what is equitable in light of a non-exhaustive list of factors.
-Length of marriage, each spouse’s contributions, age, health, earning potential, & future employability.
Non-Martial: Property acquired before marriage, by gift or by inheritance to one spouse (traced to a non-marital source).
This type of property is not subject to division
Spot zoning refers to designating a small parcel for a different use than the surrounding area, which benefits the owner but potentially disadvantages others and suggests unfair treatment. Courts will determine what?
-whether the zoning relates to the compatibility of surrounding uses
-the size of the parcel
-the degree of the "public benefit"; and
-the extent to which the disputed zoning is consistent with the municipality's comprehensive plan.
When a tenant abandons their lease what options does a landlord have?
A landlord must make a reasonable effort to mitigate damages when a tenant breaches the lease or recovers rent under a breach of failure of payment. They must:
Accept the offer to terminate the lease (express agreement)
OR
Reject the offer (landlord retains the right to continue to enforce the lease, so the tenant remains liable for any future rent)
Landlord Duties:
-maintain property
-prevent or correct any condition that could possibly threaten tenant's health or safety
Tenant Duties:
-notify the landlord and give a reasonable opportunity to cure before:
-withholding rent
-remedying defect & deducting cost from
-defending against eviction
To my spouse for life, then to my daughter, but if she dies without children, to my nephew and his heirs. What interest does each party have?
Daughter- vested remainder subject to complete divestment
Nephew- shifting executory interest
List all types of gifts and define (our provide example).
Conditional Gifts: Engagement Rings, etc.
Testamentary Gifts: Gifts that are made at death by a will.
** If a person dies w/o a will, they die intestate, and the intestate state law dictates who will inherit property. **
Inter-Vivos Gifts: gifts made during the lifetime of the owner
Causa Mortis: gifts upon imminent death