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13 Cards in this Set
- Front
- Back
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Real Property |
-Land -Buildings -Plant life -Fixtures -Freemanv. Barrs (Cattle Scale) |
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Forms of Ownership -Concurrent Estates -Life Estate |
Concurrent Estates: -Tenancy in common (default; equal interest) -Joint tenancy (cannot convey to heirs, surviving tenant gets interest) -Tenancy by entirety (married) |
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Other interests in property |
Easement -right to enter and make limited use -can't take anything away -You may fish at my pond Profit: -right to enter and take something away -mining License -Temporary right to enter -Tickets to game |
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Landlord Tenancy Laws |
•Tenancyfor Years -Stated,fixed period; terminates automatically •Periodic Tenancy -Fixedperiod; automatically continues until either party notifies Tenancy at Will -Nofixed duration; terminated by either part at any time Tenancy at Sufferance -Tenanton premises against wishes of landlord -Canevict or seek rent |
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Landlord's duties |
-Deliver possession -Provide quiet enjoyment -Maintain premises Return security deposit |
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Eviction |
Actual -prevent tenant from possessing premises Constructive -substantial interference with tenant's use -tenant must vacate Distinguish from legal eviction through summary process |
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Tenant's Remedies |
Withhold rent Claim constructive interference Compensatory and punitive damages |
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Tenant's duties |
Pay rent Use premises properly |
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Liability for injuries |
Landlord liable for common areas - otherwise reasonable care negligence standard Tenant liable for injuries suffered within the leased property |
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Liability for crime |
Nature of crime Reasonable person standard Foreseeability Prevalence of crime in area (Lindsay v Town properties) |
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Lindsay v Towne Properties |
Lindsay v. Towne properties asset manegmentLindsay lived above Rhonda Schmidt operated by TowneSchmidt's boyfriend was always there and making too much noise Lindsay complained to Towne and Hayes came to her door and threatened herShe reported him to Towne and asked to get out of lease but they refused Moved her to another apartment but Hayes found out and broke in Lindsay sued but lost - Towne took reasonable action |
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Mortgage Mortgagor Mortgagee |
Mortgage (a security interest in real property) Mortgagor (an owner who gives a security interest in property in order to obtain a loan) Mortgagee (the party acquiring a security interest in property) |
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Eminent Domain |
the power of the gov to take private property for public use |
