Property II

• 1. Term for Years
• 2. Periodic Tenancy
• 3. Tenancy at Will

Lasts for a designated period of time. This type of leasehold requires that both the beginning and ending date  so that the term of the tenancy is certain.

It can be terminated at the end of the specified period or earlier.

No notice is required to terminate since both parties know the ending date

Lasts for a fixed period of time that automatically renews for same period. For example month-month; year-to-year

At common law: For a year or more, six months notice was necessary for termination at common law. For tenancies of less than a year a full 30 days' notice required.

30 days' notice for the termination of any tenancy.

• Notice must terminate the tenancy on the final day of the period otice must terminate the tenancy on the final day of the period (i.e., if a month-to-month tenant provided notice of termination on March 24,
• the termination would not be effective until April 30).

This tenancy has no stated duration.

May be terminated by either party at any time.

• 30 days notice or time equal to rent payments
• (i.e. monthly rent, 30 days notice)

• Either party
• Death terminates

• Either party
• Death does NOT terminate

• Either party
• Death does NOT terminate

When a tenant remains in possession after a valid lease has ended. This “holdover tenant” is liable for rent.

• 1. Eviction
• 2. Bind the tenant to a new term.

A promise by one person to another concerning the use of the land that creates a benefit and burden to the original parties of the promise and binds their successors to that promise and is enforceable at law for damages and/or equity

A benefit and burden to the original parties of the promise

• The original parties of the promise and
• their successors to that promise

Enforceable at law for damages and/or equity

Original covenanting parties

Relationships between original parties and their successors

Only when the successor in interest has succeeded to the ENTIRE/FULL interest from the predecessor in interest

When the successor in interest has succeeded to ANY interest from the predecessor

Both Horizontal and Vertical Privity are needed

No. An Adverse Possessor does not succeed to the original parties; instead he takes new title to the land

• 1. Writing
• 2. Intent to bind successors
• 3. Touch and Concern
• 4. Horizontal and Vertical Privity
• 5. Notice

Vertical/Relaxed Privity

Vertical/Full Privity

Promise concerning the use of land that benefits and burdens the original parties to the promise and their successors

• 1. Writing or Implied in Equity
• 2. Intent to bind the successors
• 3. Touch and Concern
• 4. Notice
• 5. Equitable Servitude

No

Yes; Horizontal and Vertical

• 1. Actual (one is told about the promise)
• 2. Inquiry/Constructive (conformity to common scheme)
• 3. Record (recorded in public records)

When the common grantor has a scheme to develop a subdivision; common scheme

As soon as a scheme arises and are implied on all lots still owned by the common grantor

True. Covenants are enforceable in law and equity

False. Equitable Servitude is enforceable in Equity only