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33 Cards in this Set

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  • Back
What is the doctrine of estoppel by deed?
It applies when a person executes a deed purporting to convey an estate in land which he does not have or which is larger than he has, and such person at a later date acquires such estate in such land, then the subsequently acquired estate will, by estoppel, pass to the grantee
What is the common law rule for tenants being liable for rents when there's a fire or flood that renders the property uninhabitable?
Tenant is still liable for rent!
What is the common law rule for tenants being liable for acts of god?
They are. the only thing the ARENT liable for under common law is normal wear and tear.
When will a covenant in a lease to pay fire insurance be held to "run with the land" and hence be valid?
Only if the LL is bound to use the proceeds for repair or replacement
What is the "Rule in Dumpor's Case?"
If a ll grants consent to one transfer, he waives his right to void future transfers, assigns or subleases in violation of a prohibition in the lease against such transfers. By the same token, if the lessee/assignee pays rent to the LL and such rent is accepted by him, in spite of the fact that the transfer was in violation of the lease, the LL will be deemed to have waived his right to avoid the transfer
At common law, when will a LL be liable for a T's invitees?
If at the commencementof the lease there is a dangerous condition which the landlord knows or should know about and the discovery of which would not likely occur by the tenant exercising due care.
If my co-tenant in common is living on blackacre and he's been paying all the taxes and I've been doing shit, can he make me pay taxes?
Yes, but I can offset my taxes by the reasonable rental value that my co-tenant gets from using it for free
Can one co-tenant ever acquire the property by adverse possession?
Yes, if he commits ouster or says some thing like "im taking over buddy its all mine"
What is the key distinguishement between nuisance and trespass?
Trespass is aninvasion in an interest int he exclusive possession of the land.....nuisance is an interferencewith the use and enjoyment of it
Distinguish between easement by implication and prescriptive easement?
Easement by implication is often with the dividing of a larger parcel into multiple smaller ones. For easement by prescription, think adverse possession
In the, "I never agreed to pay month to month, week to week" things, what should you keep an eye out for?
Whether there was a contract!
What is the best way to understand the right of life tenants?
Think of the open mine. They can use open mines, can't open up new ones.
With third party deed transfers what are the three ways for delivery to be valid.
The key issue in donative transactions is determining whether the grantor has divested himself and relinquished control of the deed.

1. A gives C a deed naming B as grantee and instructs C to give the deed to B
2. A gives C a deed naming B as grantee and tells C to transfer the deed to B when B pays A $50K. Valid upon condition being met
3. A gives C a deed naming B as grantee andinstructs C to give it to B "when he graduates from law school". Valid delivery
Distinguish between Assignee and Subtenants wrt rights with the landlord
Subtenant is not in privity of estate nor privity of contract with Landlord

Assignee is in privity of estate with LL, but not privity of contract
What is an implied easement based on?
The inferred intention of the parties, namely the grantor and the grantee
What is an easement by necessity?
1. existence of a quasi easement at the time of conveyance
2. Apparant use
3. Continuous use
4. Reasonable necessity, where the grantee receives the dominant tenement
IF I have a land contract and then i discover something is fucked up with the title, when can I rescind?
I have to wait until closing. Seller has until then to get his shit together.
Delivery is a question of...
the intention of the grantor
The covenants of seisin, right to convey, against incumbrances are what kind of contracts?
They are personal contracts
When will equity decree specific performance of an oral land contract, despite the statute of frauds?
Where there has been substantial part performance in reliance on the oral contract
For the most part, when you get the dominant tenement, you get
all easements and profits appurtenant unless it is otherwise expressly provided
A conveyance to two people who aren't married as "their community property" means
tenancy in common
Define equitable servitude and who can enforce it?
A restriction on the use to which an owner may make of his land
Things like agreements to do stuff to land and pay upkeep, those are
Affirmative covenants
If a land sale is done under mutual mistake...
it can be for cases where both people were defrauded.
What is the difference between remainder and reversions
Reversions stay with the original grantor, remainders are in third persons.

Reversions are vested and not subject to RAP
Co-tenants rights and duty
each can possess the whole
each can retain profits from own use
must share rents
must share net profits from exploitation fo the land
each must pay their share of necessary repairs
don't have to share costs of improviements
do have to share taxes
But if one co-tenant is in sole possession, all that can be redued by fair rental value of his use.
Effect of one concurrent owner's encumbering the property
you can't encumber the interest of other co-tenants
mortgages don't sever joint tenancies, foreclosure will though
mortgagee run the ris that the obligated co-tenant will die before foreclosure, extinguishing the mortgagee's interest
Common law is harsh on tenants. give examples
liable for costs of all waste (except if long term tenant and change reflects changes in the nabe)

if premises are destroyed, tenant doesn't have to repair, but he does have to keep paying rent

liable for all ordinary repairs (excluding ordinary wear and tear)

if liable for ALL REPAIRS, must rebuild
What is the tort liability of LL and Tenant
LL is liable for all concealed dangerous conditions

common areas

his statutory duties to repair (via housing codes)

trend toward liability for ordinary negligence
negative easements are really a specialized form of
restrictive covenants
Easement by necessity vs. implication
easement by necessity is a type of easement by impliciation.

easement by implication is all aobut what the parties intended to do, even if they didn't say anything

easement by necessity involves just public roads and utility lines. there was no easement before....he gets to make it

This is the key difference. in the easement by implication, it was always there. in easement by necessity, it wasn't there
Define Equitable servitude
Its a type of covenant that, regardless of whether it runs with the land at law, equity will enforce against the assignees of the burdened land who have notice. the usual remedy is an injunction