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Definition
Intent, delivery, and acceptance. |
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Term
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Actual, constructive, symbolic |
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Term
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Definition
Federal, Right to Exclude, last for 20 years. Alienable. Must be new, useful, non-obvious and not naturally occuring |
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Term
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Definition
Federal and State, Last 75 years. Exclusive and inclusive rights. Alienable |
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Term
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Definition
Federal and State. No expiration. Exclusive and inclusive rights. Alienable. Protects producer and consumer. |
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Term
Adverse Possession Must be: |
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Definition
Entry, open and notorious, continuous, adverse and under claim of right. |
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Term
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Definition
Each tenant has equal rights to the whole, regardless of the size of interest. Requires unity of possession only Default concurrent estate. |
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Term
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Definition
Same as TC except adds Right of Survivorship. Required P.I.T.T. Must be created with intent. |
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Term
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Definition
Transfer inter-vivos. Converts transfered part to a TC. If there are two or more joint tenants left they still have a JT |
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Term
Mortgage interest in the JT |
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Definition
Lein Theory (majority)-Mortgage is only a lein and does not sever. Title Theory(minority)-Mortgage transfers title breaking unity of possession and severing the JT. |
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Term
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Definition
Like a JT but cannot be alienated without permission. Requires unity of marriage. Severed by divorce. |
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Term
Elements of Covenants (restrictive) |
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Definition
Statute of Frauds (written) Intent to Run Touch and Concern the Land Notice (actual or constructive) |
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Term
Elements of Equitable Servitude |
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Definition
Writing Touch and Concern Intent to Run Notice |
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Term
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Definition
Grant (bought) Implication Prescription Estoppel |
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Term
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Definition
open continuous peaceable adverse (under claim of right) |
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Term
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Definition
Servient party must have been given a right (can be constructive) that they have come to rely on. |
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Term
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Definition
Must have started as one piece. There must have been a quasi-easement It must be necessary (If the owner gains the benefit it is called a reservation, else a grant.) |
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Term
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Definition
Expansion, sucha as adding burden beyond what was originally intended. Normal expansion is ok. |
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Term
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Definition
Can be done with permission. Servient tenant can move it unilaterally if it does not cause undue burden to the dominant. |
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Term
Covenants are intended to... |
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Definition
Help a neighborhood manage itself efficiently and to avoid conflict. |
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Term
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Definition
Appurtenant - Rights to neighbors. Stays with the land. Is necessary for use of the land. En Grosse - Right to another to use the land. Normally not alienable but cause it is hard to record and prove, though some are recorded at purchase so it is possible to alienate sometimes. Both subject to statute of frauds |
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Landlord Duties/Privileges |
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Definition
Reversion Right to Rent Duty to give posession Duty not to Oust Warranty of Habitation Covenant of Quiet Enjoyment |
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Term
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Definition
LL must maintain the property such that it is suitable for residential use. Cannot be waived.
Tenant must give notice and can then withhold rent, fix the defect and deduct the cost and generally defend against eviction. |
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Term
Covenant of Quiet Enjoyment Breached when... |
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Definition
The landlord or someone with superior title disrupts the possession of the tenant. Can be an actual or constructive eviction. Constructive eviction requires a substantial interference, notice and vacation of the leasehold. |
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Term
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Definition
Term of Years Periodic Tenancy at Will Tenancy at Sufferance |
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Term
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Definition
Fixed period term. Over at the end of the term. |
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Term
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Definition
Automatically continues for set terms until someone cancels it. Notice needs to be before the last period. (Up to 6 months) |
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Term
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Definition
Can be terminated at any point by any party. Tenant does get a reasonable amount of time to get out. |
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Term
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Definition
While the tenant is holding over after the end of her lease. If the landlord accepts a payment it is a new lease. |
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Term
To evict a tenant a landlord can use... |
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Definition
Summary Proceedings. Faster than a suit. Legal alternative to self-help. |
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Term
An easement that allows one to go on another's land and remove resourced is... |
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Definition
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Term
A revocable right to use someone's property (The cable guy..) is a... |
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Definition
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