Prop.

Front 1

what is the term of years lease hold

Back 1

1. lease made with a specific start and end date.

2. No requirement to end is needed== ends automatically

3. either LL or Ten. can end it

4. Death does not terminate the lease. ONLY time does.

Front 2

what is Periodic Tenancy

Back 2

1. has a specific start time but rolls over the term

ex month to month--week to week.

2. to vacate, notice equal to the length of term but no greater than a period of six months is required.

Front 3

what is Tenancy at will

Back 3

1. there must be agreement by both parties.

2. no fixed period of time. T or LL can end it at anytime

3. will terminate the following ways
I. death of LL or T
II. to commit waste
III. sublease or assigns
IV. LL transfer title
V. T does not pay or LL does not accept payment.

at common law no notice was needed

Front 4

what is tenant at sufferance

Back 4

this is a holdover tenant ( the landlord must decide if he is a trespassor or holdover tenant)

but Tenant cannot be both.

Front 5

can a LL use self help to get a Tenant at sufferance out if he decided that Tenant is a trespassor?

Back 5

NO- need to keep the peace.

and if want him out must use the eviction proceedings.

Front 6

what is the diff. btwn English and American rule.

Back 6

1. English rule (modern-Majority)-LL must give both actual and legal possesion, only for first 24 of lease time.

2. American Rule= tenant is entitled to legal possession only

Front 7

what is the civil rights act of 1866

Back 7

1. every non-white citizen shall have the same right as whites
(only applies to racial)

applies to real prop. and personal prop.

Front 8

what is the fair housing act of 1968
what is this specific to?

Back 8

1. only applies to residential housing.

2. cannot refuse to a Bona fide buyer based on Race,color,national origin. or hadicap.

3. this also includes printing in a specific language.

4. can make it like aprt-space is not available to that person then re-ad or lease it to someone else later.

5. for hadicap= shall make reasonable accomodations.

6. prohibit discrimination against sex.

Front 9

what is the exception to the FHA

Back 9

1. less than 3 homes for sale or rent.

2. the owner sells only 1 house every two yrs

3. the owner doesnt use a broker

4. the owner doesnt advertise.

5. rent prop. has 4 or fewer units
and the owner is living in one of them

Front 10

what is the diff. btwn sublease and assignment

Back 10

1. sublease = transfer of term less than the whole.
A. create a privity of k and estate with T2. and LL 3rd party beneficiary.

2. Assignment = give all of the terms away.
A. privity of k with the T1 and T2
B. privity of Estate with the LL

Front 11

what is the rule for commercial subleases and assignment

Back 11

LL may not arbitrary deny assignment or sublease

Front 12

what is the 2 part test to LL reentry.

Back 12

1. LL legally is entitled to possession of the prop.= Ten. is a holdover or breaches the lease.

2. LL reentry is peaceful.


MUST PASS BOTH

Front 13

what is the right that is implied in every residential lease by can be negotiated in a commercial lease.

and what is not waivable in a residential lease.

Back 13

1. quite enjoyment is implied in every residential lease but maybe negotiated in a commercial lease.

2. not waivable is habitability of all residential.

Front 14

what are the 4 evictions

Back 14

Actual Eviction= physically blocking from entering into the building by LL

Partial Actual Eviction= physically only blocking partial part of the prop.

Constructive Eviction= Possession of prop. are so intolerable that tenant is forced out.

Partial Constructive Eviction= some portion is unusable but not physically blocked.

Front 15

what are the element of breach of Quite enjoyment.

Back 15

1. the situation must be under the control of LL

2. breach = substantial interference with the use of prop.

Front 16

what does the breach of quite enjoyment apply to

Back 16

both residential and commercial.

Front 17

what is the implied warranty of habitability

if this is breach what are the remedies.

Back 17

1. LL will provide environment that is clean-safe-and fit for human habitation.

2. this can never be waived-even if sign a form to waive it.

4R

1. resend the k

2. Recover for damages.

3. Repair- the prop. yourself and - from rent.

4. withhold rent ( put rent in escrow acct until the prob. is fixed)

Front 18

what are tenants duty

Back 18

P.E.A.R.L

pay rent

express promises to repair

avoid any criminal activity is prohibited

reasonable behavior on the premises

liability for waste.

Front 19

what happens if Tenant does not pay

Back 19

D.E.A.D

deposit gone

eviction

acceleration clause

damages

Front 20

what constitute an illegal lease.

Back 20

1. when there is a material problem with the prop. AT THE TIME of signing and the LL knew about it.

UNDER this theory the LL is still entitled to FMV

if LL didnt know it wont be an illegal lease.

ex- holdover tenant.

Front 21

what does a tenant have to give the LL if there is a breach

Back 21

1. time to fix the prob ( reasonable time)

Front 22

what is the diff. in common law and modern law regulations when a tenant has abandon the premises.

Back 22

1. common law= LL has NO duty to mitigate.

2. Modern law
A. LL has reasonable effort to mitigate
B. but Tenant is still responsible for rent if LL can not relet the prop.

Damages of all the rent are lowered to present value of the k. if tenant is deemed to pay.

Front 23

what is retaliatory eviction.

Back 23

1. LL cannot evict a tenant b/c he reported him about a housing code.

2. statue will set a time period
ex if you evict a tenant within 6 months of violation you will be guilty of this.

3. this also applies to commercial prop.

Front 24

what is a license

and what are the two exceptions

Back 24

1. permission to enter the land of another- revocable at anytime

A. license coupled with interest= on the land for a diff. reason

buying a car from the owner but car park in drive-way.

B. license by estoppel= the other party determentally relied on your statement and they spend money because of it.

may be written or oral

Front 25

what is a profit

Back 25

right to take something, that is part of the land, off the land that is not yours

ex timber-oil

usually there is a implied license- you cant get stuff from the land without entering on it.

must comport with SOF

Front 26

EASEMENT

Back 26

non-possessory right to use another's prop. for a limited purpose.

this must comply with SOF= must be in writing b/c it is interest in real prop.

this will run with the land.

Front 27

what negative easement

Back 27

agreement servient estate not to do something on your land for the benefit dominant estate.

Front 28

what is a real covenant

Back 28

agreement with the neighbors (expressly implied) that use of the prop. will run with the land.

the legal damages will be money.

All real covenants must be in writing.

restriction--you( the neighbor cant do it-but not me)

Front 29

what is equitable servitude

what is reciprocal equitable servitude.

Back 29

implication about how the land was suppose to be used.

the damages will be specific performance or an injunction.

everyone making this agree to everyone else that they will do or not do a certain acts on their land.

Front 30

what are the 4 types of negative easement

Back 30

1. blockage of sunlight
2. '' '' '' air flow
3.'' '' '' interference with lateral support of prop.
4. ''' ''' '' water or artificial stream.
5.scenic-- dont block the view

Front 31

what is the diff. btwn easement in gross and easement appurtenant

Back 31

1. easement in gross = specific to an individual

if for commercial purpose then it is freely assignable
ex gas-or electric co.

2. easement appurtenant usually deals with dominant and subservient estate= this runs with land.

Front 32

what is the def. of easement by reservation

and what is the majority rule.

and what does an easement have to comply with and why.

Back 32

1. an easement that is newly created= it wasnt there before the grant.

the majority rule is that an easement can be created to a 3rd party if it is grantor wish

the easement came about in a new grant theory.

SOF b/c it is a real interest in prop.

Front 33

what is easement by exception

and what is the diff betwn this and easement by reservation.

Back 33

easement by exception is passing on the easement but nothing new is created.

while easement by reservation is a creation of new easement.

Front 34

can you create an easement

what is it called

and how is it done.

Back 34

quasi easement

COCAINE

CO-common ownership both of the land must have had the same ownership at one time.

C-continuous use of the prop. .

A- apparent use=in the way it was meant to be used

I- intent of the parties granting easement

NE= reasonably necessary for the enjoyment or the use of the holder.

Front 35

what is easement by necessity

and what is the test for it.

Back 35

you need the easement

1. common ownership of prop.
2. strict necessity of need
3. necessity must be at the time of seperation.

Front 36

what is prescriptive easement

and what can never be gained.

Back 36

easement by AP= OCEANA

but title will never be recieved

Front 37

what are the duties of the easement holders

Back 37

1. maintain the easement
2. not to overburden the use of the easement.

if overuse the easement does not get rid of the easement b/injunction for the overuse.

Front 38

what is the one stock rule

and what does it apply to

Back 38

the one stock rule is where all the who have interest in land must agree to giving easement.

this rule applies to easement.

Front 39

how do you destroy easement

Back 39

failure to notice dream car

1. failure to record easement
2. there is no notice to servient estate of the easement.

D= destruction of servient estate.

R-Requirement= easement by necessity is no longer needed

E=estoppel= dominate estate told servient no longer needed

A-abandonment

M-merger of estate

C-condemnation= the gov. takes over servient estate.

A-reverse adverse prescription= servient estate uses AP

S- Severance= dominate uses easement in unintended manner.

Front 40

what is affirmative covenant

what is negative covenant

Back 40

a promise to perform some act regarding the use of the prop.

a promise not to do something with the land.

Front 41

what are the 6 element to real covenant.

Back 41

1. the covenant must be in writing and signed by the burden party.

2. the intent of the parties must be clear. and the covenant must run with the land "Has"
heirs, assignee, successors

3. there must be notice of the restriction= either constructive or express.

4. there must be horizontal privity= grantor and grantee

5. verticle privity= the person taking the estate must have the same exact right and land or else this will fall apart.

6. touch and concern the land= the restriction must deal with the physical use or enjoyment of the prop. or the value of the prop.

Front 42

what are the elements for equitable servitude.

Back 42

1. there must be a writing
2. intent to bind the burden parcel
3. there must be a notice.
4. the restriction must touch and concern the land.
5. Must be verticle privity.

Front 43

what is the requirement for implied reciprocal equitable servitude.

Back 43

1. common scheme or plan for the prop.

2. there be notice of the restriction either actual-constructive or inquiry.

3. common ownership

Front 44

what is the doctrine of laches

Back 44

here the benefited party waiting too long before exercising his right to enforce on the burden parcel= like statue of limitations.

Front 45

what is a nuisance

Back 45

unreasonable activity that substantially interferes with the use and enjoyment of one's prop.

Front 46

what is the diff. btwn private and public nuisance

Back 46

Private=
1. unreasonable activity
2. that substantially interferes with the use and quite enjoyment of private prop. of another.

public nuisance= the harm is effecting the public at large
1. usually a gov.-attorney gen. can bring the case
2. but if individual brings it your harm must be greater than the gen. public.

Front 47

what is nuisance per se.

Back 47

the activity is a nuisance in itself.
ex. nuclear gas being release-no matter where you do it-this will harm people.

Front 48

nuisance per accidens or nuisance in fact.

Back 48

the activity is a nuisance only in a particular location.

Front 49

what was the old approach and what is now the modern approach. Nuisance

Back 49

Old = the threshold test- does it substantially interferes with the use and quite enjoyment of the land.

the balance test= harm of the Pl and utility of D-conduct.

Front 50

what is the balancing test for nuisance.

Back 50

Pl =
1. how bad is the harm
2.what type of harm is being done.
3. what is the social value that is being invaded
4. suitability of the use
5. how easy would Pl to avoid the harm.

D-
1. social value of the activity
2. does the activity fit the surrounding.
3. is it easy for D- to avoid the harm.

Front 51

what type of damages can be awarded for nuisance

and can you get both injunction and money damages?

Back 51

1. temp. lost= past and present damages.
2. permanent lost= past,present and future damages.
3. Injunction= stop the activity.

yes- money for past and present damages
and injunction for future activity.

Front 52

who regulate zoning?

what gives entity its power?

what are the lists for zoning.

Back 52

state regulate zoning

SEA- state State-Enabling-Act.= police power

U1-single family homes
U2. two-family homes or aprt buildings
U3 heavy industries- factories ect.

Front 53

what are the level of review for zoning.

Back 53

1. strict scrutiny= only used if fundamental right is in question.

2. Intermediate scrutiny/close scrutiny= the burden is on the gov. to show that their law is substantially related to an important gov. interests.

3. rational basis test= the burden is on the individual to show that gov. law is not rationally related to a legitimate gov. interest.

Front 54

what is a legitimate police power for zoning. (buzz word)

Back 54

If the zoning law are to promote- the health,safety, or general public welfare and it is neither unreasonable or arbitary. (Rational basis test)

Front 55

what is def. of cumulative use

and non-cumulative use.

Back 55

1. cumulative use = higher but not lower use of the prop. in any district.

2. only allows for 1 type of use.

Front 56

what is amortization?

and what does it apply to.

Back 56

amortization is when an ordinance is passed which makes a lawful prop. into a illegal one, under the zoning law.--amortization will give a REASONABLE period of time for Pl to recoup his losses-not all of it but most of it.

If not this it will = a taking.

Front 57

what is the exception to non-conforming uses?

and does it survive a change in ownership.

and what will destroy it

Back 57

1. grandfather clause- the use was there before the new zoning law was passed.

2. yes, the old use will pass on to the new ownership-if using in the same way--old use runs with land

3. A. abandonment
B. act of nature destroys it--cant rebuilt to old use.
C. trying to make the business,old use, bigger.

Front 58

what are exception that land owner can ask for in regards to zoning.

Back 58

variance is asking the state to bend the law of zoning for you b/c it would be
area variance
1. use variance = undue hardship to use the land in a new way, zoning law,

B. it would not give a reasonable rate of return.

c. the owner attempted to the comply with the restriction

D. and granting variance will not be detriment to the surround neighborhood.

Front 59

what is ultra vires

Back 59

when a state is using more power than it has = this is unconstitutional= illegal.

Front 60

what are the 3 test for spot zoning

Back 60

1. singles out one tract
2. benefits one land owner over the public as a whole
3. it violates the comprehensive plan.

this is illegal

Front 61

what is contract zoning

Back 61

where it city and developer enter into a k and developer will restrict the use of the prop. in exchange for the city promise to rezone.

Front 62

what is floating zone.

Back 62

the use is introduced first and the location will be later determined.

Front 63

cluster zoning.

Back 63

option to use the space in various ways but the density is maintained.

NY-city--how they arranged the park and houses.

Front 64

Planned unit development

Back 64

developer is able to mix uses but still maintain the comprehensive plan

both area and use change will be permitted.

Front 65

Can you zone for ascetic reasons.

Back 65

yes but it must be within the police powers

Front 66

what is exclusionary zoning.

what must every township have.

Back 66

1. is to keep certain types of people out of their neighborhood based on
1. race
2.ethnicity
3.alien
4. gender
5.low income.

Every township must have "Fair Share" of low to moderate income housing.

Front 67

hadacheck case

Back 67

LA brick case= this was not a taking because

Gov. was stopping a nuisance
Regulation to promote the health,safety and gen. welfare of public is the proper police function.

Front 68

Manhattan cable T.V

Back 68

was a taking because it permanently physical occupation of private prop. = Per Se taking, def. a taking.

damages were $1

Front 69

Penn coal Co.

Back 69

mining extraction and state was trying to limit how 1 individual prop. will be used

Kohler Act= limit how much mine can be taken from the land.

this was a taking.

Front 70

Penn central trans.

Back 70

D- trying to build on his own land hst sight= gov. said cant do it.

taking= Nope

b/c owner still got the econ. benefit from it he was not totally deprive of ECONO. USE and Profit

Front 71

Lucas case

Back 71

Pl bout 2 beach front prop. and wanted to build on it but state said no--in order to protect a nuisance.

not a taking
ok-police power b/c it was done for health,safety and benefit of the public welfare.

ANd he could still do other stuff with the land= reasonable economic return.

Front 72

what is the standard for taking

Back 72

must lose 100% of your investment.

Front 73

Palazzo case

Back 73

Co- brought marsh land and wanted to build on it

then Co-gave it to its PL

and Pl brings a suit= crt = Res judicata= cant bring the same suit
*2 = successive title holder can bring causes of action.

Not a taking b/c land can be use and improved upon.

Front 74

Nollan

and what is the "nexus test"

Back 74

Pl bought beach house prop. and wanted to build 2 story house and need permission.
City said ok if you give easement to the state.

Holding this was a taking because it would cause a physical invasion- this was also improper use of police power.

Nexus test= there must be a direct link btwn what Gov. is asking for and the permission Pl seeks EXTRACTION trade.

Front 75

Dolan

Back 75

created the rough proportionality test- everyone should give their fair share and not just singling one person out.

Pl wanted to add 2 story to his hardware shop and extend the parking lot--the city said ok if u give 15 percent of ur prop. to us.

Front 76

1st lutheran church of Glendale

Back 76

there was fire on camp ground and then heavy rain fall--city of LA said cant rebuild for 8yrs


relief for temp. taking.

Front 77

causby case

Back 77

PL owned and operated a chicken farm next to Gov. training facility.
the planes flying over were making it so the chickens couldnt lay eggs.

reverse condemnation= taking

Front 78

what is give the gov. power to take peoples land.

Back 78

5th amendment= no land shall be taken without just compensation.

14 amendment= the person is entitle to due process.

Front 79

what are the implied easement easement by law.

Back 79

1. easement of necessity
2. easement by implication
3.easement by prescription
4. easement by estoppel
5.Public easement

Front 80

what is eminent domain

Back 80

it is the power for the gov. to take your land for public use

Front 81

what amendment guides the eminent domain vs state.

Back 81

the 5th guides the fed.= no taking unless it is with proper compensation.

14th amendment for due process right for the state and SEA(the state enabling act) if the taking is for Safety-public-and welfare of the public it will be ok.

Front 82

what are the three elements for Eminent domain.

Back 82

1. the gov. is taking private prop.
2. for pubic purpose
3. and giving just compensation FMV at the time of taking.

Front 83

the gov. took private prop. in hawaii and gave it to other private individual.

this was ok b/c the

Back 83

this was the midkiff case.

Front 84

can the legislative give its police power to quasi legislative power--cope case

Back 84

No- they can not delegate their powers

but they can give objective criteria on how to regulate the police power.

Front 85

what is the zoning or rezoning govern by

Back 85

1. rational basis = if it debatable it will stand.
unless the Pl can show that the zoning was caprious or without merit.
2. intermediate basis =
3. strict scrutiny=