Concurrent Ownership
Joint Tenancy (definition and termination)
Definition:each tenant has an undivided interest in the whole estate, and the surviving co-tenent has a right to the whole estate
Termination: partition, unilateral sale, agreement, murder of one co-tenent of another, or simultaneous deaths of co-tenants
Tenancy for Years (definition and termination)
Definition: tenancy that lasts for some fixed period of time
Termination: terminates at the end of the stated period without either party giving notice
Define Affirmative Easement, Negative Easement, and Easement Appurtenant
Affirmative: right to use someone else's land
Negative: right to prevent something on another's land
Easement Appurtenant: easement involving two tracts of land
Notice Statute
Later BFP wins if earlier grant was not recorded
Defenses to Equitable Covenant
unclean hands
estoppel
acquescience
changed neignborhood
Tenancy by the Entirety (definition and termination)
Definition: Each spouse has an undivided interest in the whole estate and a right of survivorship
Termination: death, divorce, mutual agreement, execution by a joint creditor
Periodic Tenancy (definition and termination)
Definition: tenancy for some fixed period that continues for succeeding periods until either party gives notice of termination
Termination: Terminates by notice from one party at least equal to the length of the time period
only one month's notice required for a year-to-year tenancy
Express Grant or Reservation
Implication - by use existing before a tract was divided OR by necessity for a landlocked parcel
Prescription - acquired through adverse, open and notorious, and continuous use for the statutory period
Race-Notice Statute
Later BFP wins only if they record before earlier grantee records
Types of Deeds (identify and describe each)
General Warranty - covenants against any title defects created by the grantor or prior titleholders
Special Warranty - covenants against any title defects created by the grantor
Quitclaim - no covenants; transfers whatever interest grantor has
Tenancy in Common (definition and termination)
Definition: Each tenant has a distinct, proportionate, undivided interest in the property
Termination: partition
Tenancy at Will (definition and termination)
Duration: tenancy of no stated duration that lasts as long as both parties desire
Termination: usually terminates after one party displays an intention that the that the tenancy should come to an end OR by operation of law
Termination
- stated condition
- unity of ownership
- abandonment
- estoppel
- prescription
- necessity
- release
- condemnation
Race Statute
First to record wins, actual notice is irrelevant
Elements of Adverse Possession
- actual possession
- exclusive possession
- open and notorious
- hostile
- continuous through statutory period
Unities needed for Joint Tenancy
- identical interests
- from the same instrument
- at the same time
- with an equal right to possess
Tenancy at Sufferance (definition and termination)
Definition: tenant wrongfully holds over after termination of the tenancy
Termination: terminates when landlord evicts tenant or elects to hold tenant to another term
Real Covenants (remedy, requirements for benefit to run, requirements for burden to run)
Remedy: money damages
Burden: intent, notice, horizontal and vertical privity, touch and concern
Benefit: intent, vertical privity, touch and concern
Duties of Tenants
pay rent and not commit waste
Foreclosures effect on other leins
- no affect on senior interests
- terminates junior interests
A revokable license
Difference Between Assignment and Sublease
Assignment puts assignee in privity of estate with the landlord while a sublease does not.
Assignment is for remainder of leasing period while the sublease is only for part of it
Equitable Covenants (remedy, requirements for benefit to run, requirements for burden to run)
Remedy: equitable remedies
Burden: intent, notice, touch and concern
Benefit: intent, touch and concern
Duties of Landlords
repair, deliver possession, provide habitable residential premises, not interfere with tenant's possession
Types of Waste (name and define)
Voluntary: intentional destruction or harm
Permissive: negligence in care taking
Ameliorative: change that increases value