What are the types of ownership interests in real property?
- Present estate
- Future interest
- Concurrent ownership
- Leasehold
- Nonpossessory interests
These categories define the different ways in which individuals can hold rights to real property.
Define easement.
Entitles someone to some form of use or enjoyment of another’s land
Easements can be created by grant, implication, necessity, or prescription.
What is a real covenant?
Written promise to do or not do something on land
If the burden or benefit of the promise runs with the land, it can be enforced by successors.
What are the landlord/tenant leaseholding patterns?
- Tenancy for years
- Periodic tenancy
- Tenancy at will
- Tenancy at sufferance
Each type has distinct characteristics regarding duration and termination.
True or false: A tenancy for years can be for less than one year.
TRUE
Must be in writing if greater than 1 year.
What is a periodic tenancy?
Continues for successive intervals until properly terminated
Can be created expressly or by implication and terminated by notice.
What is the notice requirement for a year-to-year periodic tenancy?
Common law rule is 6 month’s notice, modern rule is one month’s notice
This applies to terminate the tenancy.
Define tenancy at will.
No fixed period of duration
Either landlord or tenant can terminate, usually requiring notice.
What is tenancy at sufferance?
Created when tenant stays past expiration of their lease
Terminated when landlord evicts tenant or holds tenant to new tenancy.
What is an assignment in the context of leasing?
Tenant transfers their interest in whole
New tenant has privity of estate; original tenant still has privity of contract.
What is a sublease?
Tenant transfers interest in part
New tenant has no privity of estate or contract; original tenant remains liable.
What are the landlord’s duties?
- Deliver possession
- Implied covenant of quiet enjoyment
- Implied warranty of habitability
- Anti-discrimination legislation
- Landlord tort’s liability
These duties ensure tenant rights and safety.
What does the implied covenant of quiet enjoyment guarantee?
Tenant’s right to use premises free from interference
This is due to landlord’s actions or failure to act.
What is the implied warranty of habitability?
Premises must be fit for basic human habitation
This protects tenants from unsafe living conditions.
Define negative easement.
Allows the plaintiff to demand owner of other land to refrain from doing something
This gives the holder ‘veto power’ over certain actions.
What is the merger doctrine?
A previous contract is extinguished by the deed
The contract to sell the land merges with the deed at closing.
What are the requirements for a deed to be valid?
- Must be in writing
- Signed by the grantor
- Identify the parties
- Unambiguous description of land
- Words of intent to transfer
Delivery must also show clear intent from the grantor.
What is a quitclaim deed?
Grantor promises nothing about the title
This type of deed offers the least protection to the grantee.
What is a joint tenancy?
Includes the right of survivorship
When a joint tenant dies, their share passes to the surviving joint tenant automatically.
What is the defining aspect of tenancy by the entirety?
Created only between married persons with right of survivorship
Upon divorce, it converts into tenancy in common.
What is adverse possession?
Requires possession that is:
* Actual and visible
* Continuous
* Exclusive
* Hostile
* For 15 years
This allows a person to claim ownership of land under certain conditions.
What is the parol evidence rule?
Parol evidence is inadmissible to vary/contract unambiguous writing
Courts should not look outside the document if the language is explicit.
What does marketable title mean?
Title reasonably free from doubt and threat of litigation at closing
Seller must fix defects before closing.
What is a bill to quiet title?
Equitable action to have the court determine title to a property
This can resolve disputes over property ownership.
