Term
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Definition
| Intent, delivery, and acceptance. |
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Term
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Definition
| Actual, constructive, symbolic |
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Term
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Definition
| Federal, Right to Exclude, last for 20 years. Alienable. Must be new, useful, non-obvious and not naturally occuring |
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Term
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Definition
| Federal and State, Last 75 years. Exclusive and inclusive rights. Alienable |
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Term
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Definition
| Federal and State. No expiration. Exclusive and inclusive rights. Alienable. Protects producer and consumer. |
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Term
| Adverse Possession Must be: |
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Definition
| Entry, open and notorious, continuous, adverse and under claim of right. |
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Term
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Definition
Each tenant has equal rights to the whole, regardless of the size of interest.
Requires unity of possession only
Default concurrent estate. |
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Term
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Definition
Same as TC except adds Right of Survivorship.
Required P.I.T.T.
Must be created with intent. |
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Term
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Definition
| Transfer inter-vivos. Converts transfered part to a TC. If there are two or more joint tenants left they still have a JT |
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Term
| Mortgage interest in the JT |
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Definition
Lein Theory (majority)-Mortgage is only a lein and does not sever.
Title Theory(minority)-Mortgage transfers title breaking unity of possession and severing the JT. |
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Term
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Definition
Like a JT but cannot be alienated without permission.
Requires unity of marriage.
Severed by divorce. |
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Term
| Elements of Covenants (restrictive) |
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Definition
Statute of Frauds (written)
Intent to Run
Touch and Concern the Land
Notice (actual or constructive) |
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Term
| Elements of Equitable Servitude |
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Definition
Writing
Touch and Concern
Intent to Run
Notice |
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Term
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Definition
Grant (bought)
Implication
Prescription
Estoppel |
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Term
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Definition
open
continuous
peaceable
adverse (under claim of right) |
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Term
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Definition
| Servient party must have been given a right (can be constructive) that they have come to rely on. |
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Term
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Definition
Must have started as one piece.
There must have been a quasi-easement
It must be necessary
(If the owner gains the benefit it is called a reservation, else a grant.) |
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Term
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Definition
| Expansion, sucha as adding burden beyond what was originally intended. Normal expansion is ok. |
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Term
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Definition
Can be done with permission.
Servient tenant can move it unilaterally if it does not cause undue burden to the dominant. |
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Term
| Covenants are intended to... |
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Definition
| Help a neighborhood manage itself efficiently and to avoid conflict. |
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Term
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Definition
Appurtenant - Rights to neighbors. Stays with the land. Is necessary for use of the land.
En Grosse - Right to another to use the land. Normally not alienable but cause it is hard to record and prove, though some are recorded at purchase so it is possible to alienate sometimes.
Both subject to statute of frauds |
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Term
| Landlord Duties/Privileges |
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Definition
Reversion
Right to Rent
Duty to give posession
Duty not to Oust
Warranty of Habitation
Covenant of Quiet Enjoyment |
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Term
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Definition
LL must maintain the property such that it is suitable for residential use. Cannot be waived.
Tenant must give notice and can then withhold rent, fix the defect and deduct the cost and generally defend against eviction. |
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Term
| Covenant of Quiet Enjoyment Breached when... |
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Definition
| The landlord or someone with superior title disrupts the possession of the tenant. Can be an actual or constructive eviction. Constructive eviction requires a substantial interference, notice and vacation of the leasehold. |
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Term
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Definition
Term of Years
Periodic
Tenancy at Will
Tenancy at Sufferance |
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Term
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Definition
Fixed period term.
Over at the end of the term. |
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Term
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Definition
Automatically continues for set terms until someone cancels it.
Notice needs to be before the last period. (Up to 6 months) |
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Term
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Definition
| Can be terminated at any point by any party. Tenant does get a reasonable amount of time to get out. |
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Term
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Definition
While the tenant is holding over after the end of her lease.
If the landlord accepts a payment it is a new lease. |
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Term
| To evict a tenant a landlord can use... |
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Definition
| Summary Proceedings. Faster than a suit. Legal alternative to self-help. |
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Term
| An easement that allows one to go on another's land and remove resourced is... |
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Definition
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Term
| A revocable right to use someone's property (The cable guy..) is a... |
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Definition
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