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25 Cards in this Set
- Front
- Back
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Title covenants made by a statutory warranty deed
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1. seisin
2 right to convey 3. against encrumbrances 4. quiet enjoyment vs others w/title 5. warranty (I own it) 6. further assurances (any docs) |
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Title covenants made by bargain and sale deed
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1. seisin (no APs on land)
2. no encumbrances 3. quiet enjoyment, only against Grantor & his successors |
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Termination of an easement
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merger, release, abandonment, prescriptive blockage (10 years)
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termination of a license
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revocable at will of the licensor w/manifestation of licensor's
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Noncomforming use
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Preexisting uses may continue or be intensified but may not be enlarged or changed; intensification cannot affect neighborhood adversely
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Variance
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Bd of adjustment grants permission for violations of zoning; must prove unique hardship. Quasi-judicial.
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Rezoning, spot zoning
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must show a change of conditions; spot zoning
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Creation of an easement
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express, by implication, by prescription, by necessity
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Adverse possession
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OCEAN: open & notorious, continuous, exclusive, actual, non-permissive/hostile
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Public v. private nuisance
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public = affects entire neighborhood; AG, city atty can sue.
private = one or a few properties; landowner affected must sue |
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Defenses to nuisance
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1. "coming to the nuisance"
2. Compliance with zoning 3. WA Right to Farm Act (consistent with good ag practices, established prior to surrounding non-ag activities, no substantial adverse effect on public health & safety) |
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Definition of fixture
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1. Attached to realty
2. its use applied/integrated with realty use 3. annexing party intended it to be permanent (objectively) |
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Can a tenant take a fixture?
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If the tenant installed the fixture, he can remove it if it's before the term date of the lease and if he repairs damage caused by removal
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Does a purchaser get the fixtures?
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Yes, unless expressly excluded in the sale.
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What is the order of competing security interests in fixtures?
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Exception to recording act. Art 9 fixture lender gets priority over mortgagee bank IF 1) the lender has a purchased money security interest and 2) fixture filing occurs w/in 20 days of fixture installation
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Assignment vs sublease
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assignment = transfer of full remaining term
* T1 always liable unless expressly released, T2 is liable if T2 assumed lease covenant to pay rent sublease = transfer of less than full remaining term ** T1 always liable unless released T2 is liable for rent & all other covenants touching/concerning land |
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Landlord's duties regarding assignments & sublets
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Landlord doesn't need to consent unless lease says T needs it.
Landlord can be arbitrary in withholding consent if there's clause in K UNLESS it's a mobile home space lease & the T sells the mobile home & assigns the space lease. Clause MAY state that Landlord can only have reasonable objections. |
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Remedies available to Tenant under WRLTA when there's a defect
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1. terminate lease and move out
2. abatement of rent 3. damages for breach of warranty 4. repair & deduct from rent (hire contractor, 1 month rent; fix yourself 1/2 month rent) |
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Breaches of implied covenant of quiet enjoyment
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1. direct interference with tenant's enjoyment
2. fraud: good title implied 3. duty to remove previous tenants 4. partial actual eviction (preventing T from using all property) 5. constructive eviction (not habitable) |
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Tenant injured; what is landlord liable for?
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1. latent defect IF the landlord knows/has reason to know
2. Common area 3. Public use--Landlord must known/have reason to know 4. covenant to repair IF such a clause in K 5. Negligent attempt to repair |
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What formalities are required for leases?
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1. writing if for more than one year (Statute of Frauds)
2. Acknowledgement if for one year (notary) 3. Recording Act if more than 2 years |
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Four unities for a joint tenancy w/right of survivorship
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1. time
2. title 3. interest 4. possession time & title can be waived by WA statute, no strawman needed |
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Severance of a joint tenancy w/right of survivorship
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1. deed to another = break unities
2. mortgage DOESN'T sever |
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Partition of tenancy in common or joint tenancy w/right of survivorship
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In kind: court-created boundary
by sale: sell property, divide $, do an accounting factoring in property taxes, repairs, and money made from rent |
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What are restraints on alienation, when are they upheld?
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1. disabling: not allowed to do anything with land w/o consent--ALWAYS void unless in spendthrift trust
2. Forfeiture: do anything w/o permission, you lose it; upheld if on life estate, leasehold 3. Promissory: promise not to transfer w/o consent--also upheld if less than FS |
