Property II

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  1. Name the (3) types of true leaseholds
    • 1. Term for Years
    • 2. Periodic Tenancy
    • 3. Tenancy at Will
  2. What is the duration of a Term for Years?
    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.
  3. How can Term for Years be Terminated?
    It can be terminated at the end of the specified period or earlier.
  4. Is Notice required to terminate a Term for Years tenancy?
    No notice is required to terminate since both parties know the ending date
  5. What is the duration for a Periodic Tenancy?
    Lasts for a fixed period of time that automatically renews for same period. For example month-month; year-to-year
  6. How much Notice is needed to Terminate a Periodic Tenancy under CL?
    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.
  7. How much Notice is needed to Terminate a Periodic Tenancy modernly?
    30 days' notice for the termination of any tenancy.
  8. When must Notice Terminate for Periodic 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).
  9. What is the duration of a Tenancy At Will Terminate?
    This tenancy has no stated duration.
  10. When can Tenancy at Will be Terminated and by whom?
    May be terminated by either party at any time.
  11. How much Notice is needed to Terminate a Tenancy at Will?
    • 30 days notice or time equal to rent payments
    • (i.e. monthly rent, 30 days notice)
  12. Who can Terminate at Tenancy At Will?
    • Either party
    • Death terminates
  13. Who can Terminate at Periodic Tenancy?
    • Either party
    • Death does NOT terminate
  14. Who can Terminate a Term for Years tenancy?
    • Either party
    • Death does NOT terminate
  15. Tenancy at Sufferance occurs when?
    When a tenant remains in possession after a valid lease has ended. This “holdover tenant” is liable for rent.
  16. What options does Landlord have with Tenancy at Sufferance with tenant?
    • 1. Eviction
    • 2. Bind the tenant to a new term.
  17. A Covenant is
    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
  18. What does a Covenant create?
    A benefit and burden to the original parties of the promise
  19. Who is bound by a Covenant?
    • The original parties of the promise and
    • their successors to that promise
  20. How are Covenants enforceable?
    Enforceable at law for damages and/or equity
  21. What is Horizontal Privity?
    Original covenanting parties
  22. What is Vertical Privity?
    Relationships between original parties and their successors
  23. When does Full Privity exist?
    Only when the successor in interest has succeeded to the ENTIRE/FULL interest from the predecessor in interest
  24. When does a Relaxed Privity exist?
    When the successor in interest has succeeded to ANY interest from the predecessor
  25. What is the NC/Majority View for Privity?
    Both Horizontal and Vertical Privity are needed
  26. Does an Adverse Possessor have the right to enforce a covenant?
    No. An Adverse Possessor does not succeed to the original parties; instead he takes new title to the land
  27. What are the (5) Elements of Covenants?
    • 1. Writing
    • 2. Intent to bind successors
    • 3. Touch and Concern
    • 4. Horizontal and Vertical Privity
    • 5. Notice
  28. What element is needed for the Benefit to Run with a Covenant?
    Vertical/Relaxed Privity
  29. What element is needed for the Burden to Run with a Covenant?
    Vertical/Full Privity
  30. Equitable Servitude is
    Promise concerning the use of land that benefits and burdens the original parties to the promise and their successors
  31. What are the (5) Elements of Equitable Servitude?
    • 1. Writing or Implied in Equity
    • 2. Intent to bind the successors
    • 3. Touch and Concern
    • 4. Notice
    • 5. Equitable Servitude
  32. Does Equitable Servitude require Privity?
    No
  33. Do Covenants require Privity?
    Yes; Horizontal and Vertical
  34. What are the (3) Types of Notice?
    • 1. Actual (one is told about the promise)
    • 2. Inquiry/Constructive (conformity to common scheme)
    • 3. Record (recorded in public records)
  35. When is Equitable Servitude Implied?
    When the common grantor has a scheme to develop a subdivision; common scheme
  36. Reciprocal Negative Easements arise when?
    As soon as a scheme arises and are implied on all lots still owned by the common grantor
  37. True or False? Covenants are enforceable in law and equity?
    True. Covenants are enforceable in law and equity
  38. True or False? Equitable Servitude is enforceable in law and equity?
    False. Equitable Servitude is enforceable in Equity only
Author
ID
317819
Card Set
Property II
Description
Spring 2016
Updated
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