Property 2

An estate that lasts for a fixed period of time or a computable period. It terminates automatically, but not at death. It is created by an express agreement.

A lease that continues over successive, defined periods, recurring until tenant or landlord give notice of termiation. e.g. month to month or year to year lease.

Majority: based upon manner in which rent is reserved.

Minority: based upon manner in which rent is paid.

Either a specificed time, or one period in advance, e.g. one month on a month to month lease. Max is 6 months. Many states now require a statutory 30 days.

A tenancy of infinite duration, so long as the tenant and landlord desire. Death of a party terminates, or lease may specify who may terminate. If silent, both may.

Tenant's lease is over, doesn't leave, tenant is tenant at sufferance of landlord tolerating them staying. Landlord can either evict with damages, or consent to creation of a new tenancy.

• Federal fair housing act: race, color, religion, sex, handicap, familial status, origin. selling discrimination. except if own under 3 homes or 4 units.
• 14th amendment: prohibits discrimination by the governmnet.
• 42 USC 1982 only racial discrimination, no exemptions.

Legal right to possesion, physical right of possession. English rule is physical right, american rule is legal right.

Sublease or assignment. Sublease occurs when a tenant retains some of his rights in the property. An assignment occurs when the tenant has no more rights at all.

A sublease means they can't be sued under privity of estate. An assignment means they can be sued under privity of estate.

Those that touch and concern the land. Pay monies, physical aspects of the property.

It must be on commercially reasonable grounds, it can't be arbitry. Look at proposed used, need to alter premises, nature of occupancy. No denial on taste, convenience, or sensibilties.

No, landlord has discrestion, except when violating fair housing law.

Abandonment: Vacates without justification, no nintent to returning.

Surrender: offers to end tenancy, L accewpts.

Possible abandonment: No certainty from landlord of tenant will come back.

In an abandomnent, or when it can be accmopilshed in a peacable manner.

must accept a fair market offer, can't demand more than fair market.

A constructrive eviction occurs when a landlord fails to make required repairs to the integrity of the premises, .resulting in a breech of the quiet enjoyment covenant.

Partial actual eviction: no paying of rent. Partial construtive, damages, but can't not pay rent.

an unwaivable warranty that a code violation does not exist during the lease. Duty to repair. Tenant can stop paying rent and stay in property if there's an implied warranty of habitability breach.

Not all jurisdictions use it, only applies to residential dwellings, some states, only apartments. Only health and safety issues, not ameneties.

an eviction of a tenant who doesn't have to pay rent due to IWH violation. Not legal.

Liable for known dangeers, common area negligence, must use due care.

intentional action initiated by government for taking of property for public use and paying just compensation.

public use: Legislatures have authority to declare public uses, even if given to private parties. Rational basis test. Must merely have some public purpos, private benefit doesn't matter.

Just compensation: must be given fair market value, what a willing and knowledgable seller and buyer would agree upon. PErsonal value is meaningless.

Value is based on uses, so a reasonable possibility of new uses that increases future value is taken into account.

Must pay for the part taken. If the taking improves the property value, that value increase is set off the compensation.

Easements and covenants

easement by strict necessity-can't use your property without this easement, e.g. surrounded by others property, easement by apparent existing use- the easement was there you both bought your property, easement by perscription, similiar to adverse possession, need not be exclusive.

• Easement appurtenant: two propertyes, benefited and burdened
• Easement in gross: burdened property, connected to person.

Written or oral permission to occupy land that woudl otherwise be trespass. Similar to easement, but not an interest in land, and it's revocable.

When it's a license incident to owning property (e.g. license to use dock comes with renting a house) and estoppel (representation made, reliance requireing expenditure of money, and inequitable not to enforce)

Single ownership, one part benefits another part, exists when common owner divides property, one part is conveyed, parties reasonably expect the easement to continue, and benefit to one party is reasonably necessary.

Single ownership, part is conveeyd, use of the burened parcel is necessary to enjoy access to benefited parcel. When need ends, so does easment.

If benefited and burdened estates come under ownership of single person, easemnt is extinguished.

Must comply with statute of frauds, describe rights and obligations, specify intent to run with land, and be recorded.

A public use or rifght of way that creates a public thoroughfare if reasonble notice of use by general public was given to owner.

Way allows only ingress and egress, general access allows laying of utilites and roads, etc.

Both parties must agree on a modification, neither can modify individually.

• Release- easement holder releases the servient holder
• Expiration: easement for a time, time expires
• Necessity ceases for with necessity.
• Estoppel, if position changes in reliance on representation.
• Prescription: same rules
• Abandonment: if you don't use, don't intend to return
• Merger: doctrine of merger
• Eminent domain: obvious

view from window, air flowing, support of building, flow of water, conservation easement, historic preservation easement.

Real is for money damages, servitude is for injunctive relief. Different rules for both.

Itent to run with land, notice to burdened party, privity of estate-horizontal and vertical, written.

Horizontal privity is the original transaction. A to B. Vertical privity is the subsequent transactions. A's remaining interest to C or B's remaining interest to D.

• Burden side: must be the exact same estate, e.g. life estate for life estate.
• Benefit side: can be any estate.

H"orizontal and vertical privity, but you do need some sort of interest to sue.

a stringent doctrine that says that a covenant may be voided if the conditions in the land have so changed that it's no longer useful.

a substnantial nontresspassory invasion of another's property.

• direct: reasonabless test
• Indirect: rational justification test.

• Public vs. p[rivate
• Intentional vs. uninteintoal.

threshold test: substantial invasion of another's interest in private use and njoyment, unreasonble, either intentional or unintentional.

• Traditional: if threshold met, injunction
• Balancing test: injury to defendant if granted vs. injury to plaintiff if denied.
• Utilitarian test: Utility of conduct vs, harm to plaintiff.

When buildings begin to come closer to a long residing nuisance, they don't have claims for nuisance.

you owe aq duty to adjoining property to support their land to the esxtent that it avoids a cave in. Subadjacent is just right to dig under, can't cave in, though.

Local gov. creates comprehensive plan, zoning regulations adopted in accorance with plan, divide community into districts, provides regulatiosn for them.

prove that regulation is arbitrary and unreasonable, has no substantial relation to public health, safety, moreals, or general welfare.

a use that was lawful before the zoning change, that is grandfathered into the law. Owner has vested rights in the property.

when the final plan has been accepted and money has been spend to build the property.

an administrative approval of a use that isn't allowed under the zoning due to unnecessary hardship of practical dificulty that shows that spirit of the ordinance is observed, substantial justice is done, and there isn't a self-createde problem.

an administrative approval expressly listed in the ordinance, taht a designated board approves and authorizes.

Spot zoning is the zoning of one particular parcel, it's invalid of the parcel is signeld out for special treatment, it ojly benefits the landowner to the detriment of surrounding property, it's not in accord witht eh comprehensive plan..

not a taking, but a burden the government places upon property. The equivilent of an emiment domain exercise, owner demands just compensation.

when a government action results in the devaluation of the plaintiff's property.

• Economic impact of the regulation
• Extent to which the regulation intereferes with distinct investment backed expecations and, the character of the government action.

• 1. permanent physical occupation is a taking.
• 2. regulation denied all economically benefit of land.

must be a common law nuisance, not a legislatively created one.

Plaintiff must have undergone all adnimistraitve. challenges and appeals before their case can be considered final enough to challenge as a regulatory taking.

as long as it's of limited duration, it's only a partial taking, that doesn't deprive of all economic use. must look at the :whole property: both in time and space.

A government measure imposed in the administration of law or ordiannce requiring a property ownher to provide a dedication of goods, services, or pay fees are a condition of getting project approval.

when a common owner divides a parcel, and a covenant is placed on all the parcels but one, the court holds that the covenant was ment for that part too.