1. Doctrine of Adverse Possession
2. Landlord-Tenant Law
2.1. Leaseholds
2.1.1. Types of Tenancies
2.2. Subleases & Assignments
2.3. Duties, Rights, Remedies
2.4. Termination of the Lease
2.5. The Nature of the Relationship
2.5.1. L/T evolved from feudal tenure rules – remember the “Term of Years”? – but has undergone a radical transformation in modern times.
2.5.1.1. It now involves both Property and Contract principles
2.5.2. Lease-> An owner grants a tenant or lessee exclusive possession of specific real or personal property
2.5.2.1. Typically for a defined term and exchange of rent
2.5.2.2. Essentially a grant or contract transferring the exclusive right of possession for an agreed period of time
2.5.2.2.1. Lessor retains a reversion
2.5.2.2.2. Leased property is "the premises" after described
2.6. When is a “Lease” not a lease, or not just a lease?
2.6.1. The lease creates an interest in land, tradtionally, a freehold (ToY), or non-freehold estate. Property law principles thus affect the L/T relationship.
2.6.2. The modern trend, however, is to import contract law principles into the analysis of this relationship.
2.6.2.1. Moreover, sometimes an arrangement might resemble a lease but be a license or other legal relationship.
2.6.3. No words of art necessary to create
2.6.4. Some are required in writing under the Statute of Frauds
2.6.4.1. The SoF generally requires long-term leases (greater than one (majority) or three years, depending on jurisdiction) to be in a writing that describes the premises, the term, and the rent and is signed by at least the party to be charged. (Also recall the part-performance doctrine.)
2.7. Delivery of Possession
2.7.1. Obviously, a lease gives T the legal right to possession, but what about actual possession? Issues arise when a former T holds over. Absent a clause in the lease:
2.7.1.1. Under the “English rule,” there is an implied covenant that the premises will be available for the T’s exclusive possession at the initiation of the lease term.
2.7.1.2. The “American rule” is that there is no such implied covenant. Holdovers are T’s problem.
2.7.2. Remedies re Holdovers (note 2, p.441)
2.7.2.1. American Rule:: Tenant must sue to evict Holdover and may recover damages.
2.7.2.2. English (majority) Rule: Same as American or can terminate lease and sue LandLord for damages. If partial occupancy, can enter with abatement in rent.
2.8. Real Covenants
2.8.1. Promises, obligations or burdens that may be enforced against person's who take interest in the leased premises or take the promisor's estate
2.8.1.1. May "run with the land"
2.8.1.2. Promisee's successors have the right to enforce the covenant
2.8.1.3. Also provide another basis to hold Assignee liable for obligations on the primary lease
2.8.2. Requirements
2.8.2.1. Intent of parties to bind successors to interests
2.8.2.2. Privity of Estate
2.8.2.3. The covenant must touch and concern the leasehold premises or land
3. Buying and Selling Land
3.1. Contracts of Sale
3.2. Rules of Deeds
3.3. Mortgages
3.4. Title Assurances and Recording Systems
3.4.1. Title Assurances
3.4.1.1. Types of Deeds
3.4.1.2. Deed Covenants
3.4.1.3. Damages for breach of a covenant
3.4.2. Recording:
4. Fundamental Concepts
4.1. Purpose
4.1.1. Property is the rights of individuals in relation to things and rights assert-able over things
4.1.1.1. Things
4.1.1.2. Rights commonly enjoyed as to property
4.2. Theories of Property Law
4.2.1. Legal positivism is the view that rights, including those to property, arise only through the government
4.2.2. Natural law, on the other hand, posits that rights arise in nature as a matter of fundamental justice, independent of the government.
4.3. Possession & Ownership
4.4. Acquisition by Find (Possession beginning subsequent in time)
4.5. Acquisition by Gift
5. Ownership Interests
6. Use Rights
6.1. Negative Use Restrictions/Affirmative Obligations (Covenants)
6.2. Affirmative Use Rights (Easements)
6.3. Common Schemes
6.3.1. Urban complexes or subdivisions where there is a common scheme of covenants , restrictions and conditons
6.3.1.1. Also called common interest communities
6.3.2. Developed rules for a common scheme or general plan of development to impose burdens and grant standing to enforce servitudes
6.3.3. Used to overcome legal obstacles
6.3.3.1. Gives the owners standing to enforce the benefit
6.3.3.2. Imply a mutuality of benefits and burdens
6.3.3.3. Used to permit any lot owner to sue any other lot owner.
6.3.4. Doesn't create the burden, but tells plaintiff alleging benefit of a covenant if they have the standing to sue burdened lot owner
6.3.5. When a common scheme is found the court will conclude the common owner had intended to impose the identical covenant in all parcels
6.3.5.1. Benefit/burden began with the sale of the first lot.
6.3.6. Most courts will impose the burden on all land in the common scheme once found to exist
6.3.6.1. Not immediate, but imposed upon new bona fide purchasers
6.3.6.2. If no covenant or covenants are not identical, but have same subject matter, implied benefits and burdens are called implied reciprocal negative easements or covenants.
6.3.7. When benefited land was purchased prior to the burdened, a Third Party Beneficiary to the covenant is found.
6.3.8. Finding a common scheme is a question of fact that the court must weigh to determine
6.3.8.1. Common covenants (variation and percentage of land burdened by)
6.3.8.2. When Covenant Began (when land w/covenant was first sold)
6.3.8.2.1. If one tract of land was sold w/o covenant, before the sale of one w/ covenant, burden does not run.
6.3.8.3. Geo Boundaries (May split tracts to create)