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7 Cards in this Set
- Front
- Back
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No-Assignment Clause
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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 ...
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Easement by reservation
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An easement by reservation is an express easement in favor of the grantor. It requires a writing to satisfy the Statute of Frauds.
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Burdens Running
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When possession of the servient estate is conveyed, the new possessor is burdened by the easement if he has notice. Here, ... Therefore, ...
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Actual Notice
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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, ...
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Constructive Notice
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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,...
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Inquiry Notice
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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.
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Self Help Eviction
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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.
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