Property Exam Review
• Landlord Tenant Law- tenant and landlord duties (rent, free from
interference, conditions of premises)
oCovenant (contract theory) of Quiet Enjoyment (right to use and enjoy property)
▪All evictions whether actual or size (partial or whole) or constructive
▪Some duty of the landlord has been breached
•First State the Rule- landlord making a promise not to interfere
on behalf of three people
•Actual Eviction
oPartial Eviction- one inch rule: can sue for damages or
material breach could terminate in some state!
•Constructive eviction
oNeed remedy, notice, and time to cure
oTermination not allowed, some jurisdictions allow self-
help or seek damages and injunction
•Remedy (termination?)
▪Holdover Tenant- American v. English rule pg 459
•English rule: landlord creates the matter, landlord has not
contracted with T2, landlord might someone still there.
Landlord’s
responsibility to address holdover tenant
•American Rule: Tenant 2 has to address holdover tenant
oTotal Eviction (ie material breach)
▪Duties are breached (covenant of quiet enjoyment, Habitability)
▪Duty to eviction to Remedy
▪For remedy, can terminate or seek damages/injunction
oWarrant of Habitability
▪Terminate lease, vacate property, and sue for remedies (damages)
▪Breach of contract claim (law—money and equity—injunctions
• Easement
oImplied (not expressed in the deed)-
▪subdivision plat- all property interest are drawn out but forgot to
convey easement, have to figure out terms,
▪Necessity- can’t access property in some way, court implied an
easement, will have to figure out terms
▪Quasi Easement- property owner conveys title without a use that
had always been present, court will imply an easement to permit use
oIn gross and appurtenant (are they applied to parcel, third party?)
▪Run with land?
▪Person based or parcel based
•Person based, not binding successors- in gross
•Two parcels, that tie to use of easement (not person
based)- appurtenant
oAffirmative and Negative
oExpress
• Statute of Frauds- applicable to closing stage?
oOverlays in order to prevent fraud, in real estate, need a writing
oContract stage of real estate transfer has to be in writing and signed as well
as Parties, Price and Property
▪Deed- has to be in writing signed party who will be against
oRules of Construction- if a restriction is ambiguous, courts will read it in the least
restrictive way
• Recording Acts- priority based
oGrantor grantee indexes:
▪All grantors
▪All grantees (A to B to C, look at both to figure this out)
•Market title
oParcel index
oDetermine Priority
• Rule of Reason (believe someone else has right to dreams, can’t interfere
with eachother’s dreams)
oRefers to Easements, servient estate and easement holder
oDefinition: Easement holder will unreasonably interfere with property rights
and then servient estate will not interfere with use rights
• Nuisance
oUnreasonableness- benefit versus burdens, social utility (Focus on this)
▪Private Nuisance- my land is getting interfered with property use
by someone else
▪Public Nuisance- impacting public at large (large noise affecting)
oIgnore intentional invasion
oDuty and Remedy
▪Remedy: damages: money or injunction: (should be stopped
from interfering from others) ameliorate risk
• Easement versus Profit
oProfit- take something from the land
oEasement- use the land
▪Attached to the land
• Touch and concern
oIn gross would not touch and concern
oAppurtenant wouldn’t
