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7 Cards in this Set

  • Front
  • Back
No-Assignment Clause
Restraints on alienation are strictly construed against the landlord. But a restriction against assignments does not restrict subleases. An assignment is a conveyance of all of the tenant's remaining possessory interest in the property. A sublease is conveyance of part of the tenant's lease term. Here ... Therefore ...
Easement by reservation
An easement by reservation is an express easement in favor of the grantor. It requires a writing to satisfy the Statute of Frauds.
Burdens Running
When possession of the servient estate is conveyed, the new possessor is burdened by the easement if he has notice. Here, ... Therefore, ...
Actual Notice
Notice can be actual, constructive or inquiry. Actual notice exists if the grantor gave the lessee a copy of the deed containing the easement or told the lessee about its provisions. Here, ... Therefore, ...
Constructive Notice
Notice can be actual, constructive or inquiry. Constructive notice is provided by a search of the grantor's deed. Whereas purchasers of land are charged with making a title search and bound by the notice such a search would have provided, tenants are not required to make a title search. Here, ... Therefore,...
Inquiry Notice
Notice can be actual, constructive or inquiry. Inquiry notice exists when conditions existing on the land would cause the tenant to inuire further as to what interests exist.
Self Help Eviction
Under common law, a landlord could use self-help to evict a tenant in default, including changing the locks when the tenant was out. However, because of the availability of summary court proceedings in almost eery jurisdiction, self-help measures are disfavored.