Show:
Property Acquisition
Ownership in interest in real property
Landlord/tenant
Concurrent estate
Servitudes
100

What is the holding of Pierson v Post?

To gain possession of a wild animal, the person must intentionally deprive the animal of its natural liberty and bring it within their control, have reasonable belief that they could obtain the animal, believe that its free for the taking

100

O conveys land to A for 2 years

  • A has right to present estate
  • O has right to future estate
100

Implied Warranty of Quiet enjoyment

implied in every lease to tenant

- In every lease, landlord cannot interfere with enjoyment.

- A LL failing to act does not provide a basis for constructive eviction action. Not responsible for other tenant’s actions unless they have notice.

100

Requirements for Joint Tenancy

P- ossession

I- identical interest

T- Time 

T- Tite

100

H has debt. Creditors puts a lien on property. Under group 1 what would happen if W conveys the property to B during this time? 

TRICK QUESTION.... W cannot convey. No present or future interest while H is alive

200

What are the requirements for adverse possession?

Continuous 

Hostile 

Open and 

Notorious 

Exclusive 

Statutory period

200

O conveys land to A and his heirs

  • A has present fee simple absolute
  • O has nothing
200
Implied warranty of habitability

- Landlord has duty to make repairs based on the standard of habitability or if stated in K or if LL agrees to create repair

- NY standard: Fit for human habitation, implied warranty of habitability

- Javins standard:

       - Lease is a K, implied warranty of habitability, reads housing codes into lease, more specific, L would prefer this approach

200

Requirements for tenancy in common

P-ossession

I- Undivided interest in whole property 

200

Unilateral Express Easement

  • Possessory owner executes a “deed of easement” granting to easement holder the right to use the property
  • Often used when someone sells part of their land but wants to retain access (e.g., by reserving an easement).
300

How can you establish notice?

Actual notice- someone tells you

Constructive:

  • Recorder notice- deed with municipal records, provides notice even if someone doesn’t check for it
  • Inquiry notice- Law requires one to inspect the property for clues about other ownership + make a reasonable inquiry with the clues
300

O conveys land to A + her heirs so long as…

  • A has present fee simple determinable
  • O has possibility of reverter – Automatically
  • If condition is met
  • O- reverter, regains fee simple absolute
300

LL's duty to mitigate damages

- Old:

  - No duty to mitigate

- Restatements:

    - No duty to actively find substitute but cannot unreasonably reject options presented by tenants

- New Majority:

    - Residential- Yes

Austin Hill: L has a duty to make reasonable efforts to mitigate when T breaches lease so that the land does not go to waste

    - Commercial- Split

300

Requirement for tenancy in the entirety

PITT + marriage 

300

Implied easements by necessity:

  • Unity of title
  • Severance
  • Necessity at time of severance
  • CL- Strict necessity, Modern- Reasonable necessity
  • Burden is passed down 
400

What is the holding of Popov v Hayashi

Where an actor undertakes significant but incomplete steps to achieve possession of abandoned personal property & the effort is interrupted by unlawful acts of others, the actor has a legally cognizable pre-possessory interest in the property- held that both had equal interest

400

O conveys land to A + his heirs but if… then O may reenter

  • A has present fee simple subject to condition subsequent
  • O has right of reentry, must assert right of entry to get fee simple absolute back
400

LL's remedies for holdover tenants

- If T remains at end of a lease, L has right to treat T as trespasser & evict or hold T to new term

- Decision can be made expressly or implied by accepting continued rent from T

- New term has same terms of the original lease up to a 1 year maximum. In NY, month to month basis


400

Rule for profits!

No ouster required; rent must be split proportionally among co-tenants unless express agreement says otherwise

co-tenants must share cost for necessary maintenance (physical maintenance or taxes).

Profits from personal labor are not shared unless co-tenant is (ouster) or agreement made

400

What is an affirmative easement by prior use?

- Easement by prior use to get the right to use a property

500

Owen owned Blueacre in fee. Blueacre was a half-acre piece of vacant beach land along the ocean, with beautiful views. Owen, an aging survivor of the hippie generation placed a sign at the entrance to Blueacre in 2002. The sign read: “Welcome to my Blueacre. Enjoy it for camping and recreation!” In 2006 Arthur, who had no permanent home, was passing through the area and saw Blueacre and liked it. Arthur purposely knocked Owen’s sign down with his truck while muttering “Bye, Owen” and used the sign for his first campfire on Blueacre. By 2007, Arthur had built a bungalow, fire pit, fish rack, and barbeque on Blueacre and lived on it full time. Owen has not been seen. It is now 2019. The jurisdiction has a ten-year statute of limitations for ejectment actions.

  • Which of the following statements is the most accurate?
  • (a) Arthur has not acquired fee title to Blueacre because he entered without a deed purporting to give him title.
  • (b) Arthur has acquired fee title to Blueacre because the sign is the equivalent to his having a deed purporting to give title.
  • (c) Arthur has not acquired fee title to Blueacre because he entered the property with permission.
  • (d) Arthur has acquired fee title to Blueacre because of his activities there

D !

500

O conveys land to A for life

  • A has life estate
  • O has reversion because O originally had a fee simple absolute
500

When is peaceful self help ok???

res- NEVER

com- split!

500

Rule for rent!

No duty to pay rent to co tenant unless there is an express agreement. 

OR- can use as a defense if a covenant is ousted. can get money back (fair rent value) for the time the property was exclusively used by other cotenant after an ouster 

500

A wants to enforce a negative covenant on a piece of land and asks the court for an injunction. What must they prove?

Equitable Servitude: 

- No formalities

- intent to pass down 

- Notice 

- Touch + concern 

- Vertical privity